{"data":{"id":"us-va/va.-code-46.2-1098","jurisdiction":"us-va","citation":"Va. Code § 46.2-1098","heading":"Penalties; violations not negligence per se","body":"Any person, including those subject to jurisdiction of a juvenile and domestic relations district court, found guilty of violating this article shall be subject to a civil penalty of $50, which shall not be suspended in whole or in part, for a violation of § 46.2-1095; however, any person found guilty of violating § 46.2-1095 a second or subsequent time when the violations occurred on different dates shall be subject to a civil penalty of up to $500. An additional civil penalty of $20 shall be imposed for failure to carry a statement as required by § 46.2-1096. Notwithstanding the foregoing provisions of § 46.2-1095, the court may waive or suspend the imposition of the penalty for a violation of § 46.2-1095 if it finds that the failure of the defendant to comply with the section was due to his financial inability to acquire a child restraint system. All civil penalties collected pursuant to this section shall be paid into the Child Restraint Device Special Fund as provided for in § 46.2-1097.No assignment of demerit points shall be made under Article 19 (§ 46.2-489 et seq.) of Chapter 3 of this title and no court costs shall be assessed for violation of § 46.2-1095.Violations of this article shall not constitute negligence per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.1982, c. 634, § 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c. 358; 2008, c. 714.","path":["Title 46.2. MOTOR VEHICLES","Subtitle III. OPERATION","Chapter 10. MOTOR VEHICLE AND EQUIPMENT SAFETY","Article 13. CHILD RESTRAINTS"],"source_url":"https://law.lis.virginia.gov/vacode/46.2-1098/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:16:39Z","sha256":"348f46bd9c40ae24832977b4a238b2681fa4b6010a040167b498e6b4bfe0d24b","source_id":"us-va","stale":true,"prev":"us-va/va.-code-46.2-1097","next":"us-va/va.-code-46.2-1099"},"notice":"GroundRules: Original legal text. Not legal advice."}