About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

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Article - Transportation
§22–412.2.  
(a)    (1)   In this section the following words have the meanings indicated.
(2)    (i)   “Child safety seat” means a device, including a child booster seat, that the manufacturer:
1.   Certifies is manufactured in accordance with applicable federal safety standards; and
2.   Intends to be used to restrain, seat, or position a child who is transported in a motor vehicle.
(ii)   “Child safety seat” does not mean a seat belt or combination seat belt–shoulder harness used alone.
(3)    (i)   “Seat belt” means a restraining device described under § 22–412 of this subtitle.
(ii)   “Seat belt” includes a combination seat belt–shoulder harness.
(b)   A child safety seat meets the requirements of this section only if it is installed and used in accordance with the directions of the manufacturer.
(c)   This section applies to the transportation of a child in:
(1)   A motor vehicle registered, or of a type capable of being registered, in this State as a:
(i)   Class A (passenger) vehicle;
(ii)   Class E (truck) vehicle; or
(iii)   Class M (multipurpose) vehicle; and
(2)   A vehicle registered in another state or Puerto Rico that is the same type of vehicle as a vehicle identified in item (1) of this subsection.
(d)   A person transporting a child under the age of 8 years in a motor vehicle shall secure the child in a child safety seat in accordance with the child safety seat and vehicle manufacturers’ instructions unless the child is 4 feet, 9 inches tall or taller.
(e)   Subject to subsection (d) of this section, a person may not transport a child under the age of 16 years unless the child is secured in:
(1)   A child safety seat in accordance with the child safety seat and vehicle manufacturers’ instructions; or
(2)   A seat belt.
(f)   Notwithstanding subsection (d) of this section, if a physician, who is licensed to practice medicine in the state in which the vehicle transporting the child is registered, certifies in writing that use of a child safety seat by a particular child would be impractical due to the child’s weight, height, physical unfitness, or other medical reason, there is not a violation of this section.
(g)   A child safety seat or seat belt may not be used to restrain, seat, or position more than one individual at a time.
(h)   A violation of this section is not contributory negligence and may not be admitted as evidence in the trial of any civil action.
(i)   A violation of this section is not considered a moving violation for purposes of § 16–402 of this article.
(j)   The failure to provide a child safety seat or seat belt for more than one child in the same vehicle at the same time, as required by this section, shall be treated as a single violation.
(k)    (1)   Any person convicted of a violation of this section is subject to a fine of $50.
(2)   A judge may waive the fine if the person charged with violation of this section:
(i)   Did not possess a child safety seat at the time of the violation;
(ii)   Acquires a child safety seat prior to the hearing date; and
(iii)   Provides proof of acquisition to the court.
(l)   The Department of Transportation and the Department of Health and Mental Hygiene shall jointly implement the Child Safety Seat Program and foster compliance with this section through educational and promotional efforts.