{"data":{"id":"us-ky/krs-189.125","jurisdiction":"us-ky","citation":"KRS 189.125","heading":"Requirements of use of seat belts, child restraint systems, and child booster","body":"seats -- Exceptions.\n(1) Except as otherwise provided in this section, \"motor vehicle\" as used in this section\nmeans every vehicle designed to carry fifteen (15) or f ewer passengers and used for\nthe transportation of persons, but the term does not include:\n(a) Motorcycles;\n(b) Motor-driven cycles; or\n(c) Farm trucks registered for agricultural use only and having a gross weight of\none (1) ton or more.\n(2) A person shal l not sell any new motor vehicle in this state nor shall any person\nmake application for registering a new motor vehicle in this state unless the front or\nforward seat or seats have adequate anchors or attachments secured to the floor\nand/or sides to the rear of the seat or seats to which seat belts may be secured.\n(3) (a) Any driver of a motor vehicle, when transporting a child of forty (40) inches\nin height or less in a motor vehicle operated on the roadways, streets, and\nhighways of this state, shall have the child properly secured in a child restraint\nsystem of a type meeting federal motor vehicle safety standards.\n(b) Any driver of a motor vehicle, when transporting a child under the age of\neight (8) years who is between forty (40) inches and fifty -seven (57) inches in\nheight in a motor vehicle operated on the roadways, streets, and highways of\nthis state, shall have the child properly secured in a child booster seat. A child\nof any age who is greater than fifty -seven (57) inches in height shall not be\nrequired to be secured in a child booster seat under this section.\n(4) As used in this section:\n(a) \"Child restraint system\" means any device manufactured to transport children\nin a motor vehicle which conforms to all applicable federal motor vehicle\nsafety standards; and\n(b) \"Child booster seat\" means a child passenger restraint system that meets the\nstandards set forth in 49 C.F.R. Part 571 that is designed to elevate a child to\nproperly sit in a federally approved lap-and-shoulder belt system.\n(5) Failure to use a child passenger restraint system or a child booster seat shall not be\nconsidered as contributory negligence, nor shall such failure to use a passenger\nrestraint system or booster seat be admissible as evidence in the trial of any civil\naction. Failure of any person to wear a seat belt shall not constitute negligence per\nse.\n(6) A person shall not operate a motor vehicle manufactured after 1981 on the public\nroadways of this state unless the driver and all passengers are wearing a properly\nadjusted and fastened seat belt, unless the passenger is a child who is secured as\nrequired in subsection (3) of this section. The provisions of this subsection shall not\napply to:\n(a) A person who has in his possession at the time of the co nduct in question a\nwritten statement from a physician, advanced practice registered nurse, or\nlicensed chiropractor that he is unable, for medical or physical reasons, to\nwear a seat belt; or\n(b) A letter carrier of the United States postal service while engaged in the\nperformance of his duties.\n(7) A conviction for a violation of subsection (6) of this section shall not be transmitted\nby the court to the Transportation Cabinet. The Transportation Cabinet shall not\ninclude a conviction for a violation of s ubsection (6) of this section as part of any\nperson's driving history record.\n(8) The provisions of subsection (6) of this section shall supersede any existing local\nordinance involving the use of seat belts. No ordinance contrary to subsection (6) of\nthis section may be enacted by any unit of local government.","path":["KRS Chapter 189"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45204","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:41Z","sha256":"b53ea9b9b8179cf794b556aea51431e6b71759330d645f435b6d70cb6a7284be","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189.120","next":"us-ky/krs-189.126"},"notice":"GroundRules: Original legal text. Not legal advice."}