§ 50–1702. Definitions.

As used in this chapter the term:

(1) “Child restraint seat” means any motor vehicle restraint system which has been designed to protect children and has been approved pursuant to § 50-1704 .

(2) “Operator” means a person who drives or is in actual physical control of a vehicle.

(3) “Properly restrained,” when used in reference to the use of a safety belt, means secured with the lap portion of a safety belt which is provided in a motor vehicle; and when used in reference to the use of a child restraint seat, means secured in a child restraint seat which itself has been fastened to the motor vehicle by a safety belt and in which all securing straps are being used.

(4) “Transport” means to have a child of less than 16 years of age as a passenger in a motor vehicle while the operator is seated in the driver position and the motor vehicle is either parked or in motion.

(5) “Motor vehicle” means any device with more than 3 wheels and a seating capacity of 8 or fewer passengers, exclusive of the operator, which is propelled by an internal-combustion engine, electricity, or steam, and which is designed, used, or maintained for passenger or recreational purposes, or which is designed, used, or maintained for transporting freight, merchandise, or other commercial loads or property.

The term “motor vehicle” does not include any device which is used for livery, sightseeing, taxi, ambulance, funeral, or farm purposes; or any device with more than 3 wheels which is propelled by an internal-combustion engine, electricity, or steam and which has a seating capacity of more than 8 passengers, exclusive of the operator.