(a) Except as provided in (c) of this section, a person

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Terms Used In Alaska Statutes 28.05.095

  • department: means the Department of Administration. See Alaska Statutes 28.90.990
  • driver: means a person who drives or is in actual physical control of a vehicle. See Alaska Statutes 28.90.990
  • highway: means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas. See Alaska Statutes 28.90.990
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(1) 16 years of age or older may not occupy a motor vehicle while being driven on a highway unless restrained by a safety belt; and
(2) may not drive a motor vehicle on a highway unless restrained by a safety belt.
(b) Except as provided in (c) of this section, a driver may not transport a child under the age of 16 in a motor vehicle unless the driver has provided the required safety device and properly secured each child as described in this subsection. A child

(1) less than one year of age or a child one year of age or older who weighs less than 20 pounds shall be properly secured in a rear-facing child safety seat that meets or exceeds standards of the United States Department of Transportation and is used in accordance with the manufacturer’s instructions;
(2) one or more years of age but less than four years of age who weighs 20 pounds or more shall be properly secured in a child restraint device that meets or exceeds the standards of the United States Department of Transportation and is used in accordance with the manufacturer’s instructions;
(3) over four years of age but less than eight years of age who is less than 57 inches in height and weighs 20 or more pounds but less than 65 pounds shall be properly secured in a booster seat that is secured by a seat belt system or by another child passenger restraint system that meets or exceeds the standards of the United States Department of Transportation and is used in accordance with the manufacturer’s instructions;
(4) over four years of age who exceeds the height or weight requirements in (3) of this subsection shall be properly secured in a seat belt;
(5) eight years of age but less than 16 years of age who does not exceed the height and weight requirements in (3) of this subsection shall be properly secured in a child safety device approved for a child of that size by the United States Department of Transportation or in a safety belt, whichever is appropriate for the particular child as determined solely by the driver.
(c) Subsections (a) and (b) of this section do not apply to

(1) passengers in a school bus, unless the school bus is required to be equipped with seat belts by the United States Department of Transportation, or an emergency vehicle;
(2) a vehicle operator acting in the course of employment delivering mail or newspapers from inside the vehicle to roadside mail or newspaper boxes;
(3) a person or class of persons exempted by regulation under Alaska Stat. § 28.05.096;
(4) a person required to be restrained by safety belts under (a) or (b) of this section if the motor vehicle is not equipped with safety belts; or
(5) operators or passengers of motorcycles, motor-driven cycles, off-highway vehicles, electric personal mobility vehicles, snowmobiles, and similar vehicles not designed to be operated on a highway.
(d) A person may not remove a safety belt from a vehicle solely to be exempted under (c)(4) of this section.
(e) Notwithstanding any other provision of law, a peace officer may not stop or detain a motor vehicle to determine compliance with (a) of this section, or issue a citation for a violation of (a) of this section, unless the peace officer has probable cause to stop or detain the motor vehicle.
(f) In a prosecution under (a) of this section, the prosecution must prove that the peace officer stopping or detaining the vehicle personally observed the violation of (a) of this section before stopping or detaining the vehicle or otherwise had probable cause to stop or detain the vehicle.
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