Child passenger restraint system.
New Orleans City Code § 154-1255
in effectSec. 154-1255. - Child passenger restraint system.
(a) Any driver who transports a child or children under the age of five years in a motor vehicle which is equipped with safety belts at the time of manufacture or assembly or is currently equipped with safety belts shall have the child properly secured in accordance with the manufacturer's instructions in a child passenger restraint system which meets the applicable federal motor vehicles safety standards in effect on the effective date of the ordinance from which this section was derived, except as provided in subsections (c), (d) and (e) of this section.
(b) The terms "motor vehicles" as used in this section shall not mean the following: bicycles; farm tractor; motorcycle or motor-driven cycle; truck of manufacturer's rating carrying capacity of over 2,000 pounds; ambulance or other emergency vehicle; school bus as defined in R.S. 32:1(62)(a) and (b); church bus, private bus or recreational vehicle which has a passenger capacity of over ten persons; or commercial truck, van or taxi.
(c) If such child is three to five years of age, securing the child in a lap belt or safety belt in a rear seat shall be sufficient to meet the requirements of this section. If there are no rear seats, a child passenger restraint system shall be used.
(d) Where the number of children under the age of five in the motor vehicle exceeds the number of child passenger restraint systems and seat belts available in the motor vehicle, the unrestrained children shall be seated in a rear seat.
(e) The provisions of this section shall not apply when one of the following conditions exists:
(1) The motor vehicle is being used as an ambulance or other emergency vehicle.
(2) An emergency exists which threatens the life of any person operating a motor vehicle to whom this section otherwise would apply or the life of any child who otherwise would be required to be restrained under this section.
(3) Any child who would otherwise be required to be restrained under this section who is physically unable because of medical reasons to use a child passenger safety system or safety belt.
(f) In no event shall failure to wear a child passenger safety seat system be considered as comparative negligence, nor shall such failure be admissible as evidence in the trail of any civil action with regard to negligence, nor shall such failure be considered a moving violation.
(g) Any operator of a motor vehicle stopped for a violation of this section and against whom enforcement action has been taken shall not be guilty of a subsequent violation of this section until 24 hours have elapsed from the date and time of the violation as indicated on the traffic ticket.
(Code 1956, § 38-162.3)
Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH154TRVE_ARTXEQ_S154-1255CHPARESYFetched: 10/28/2026