1. (a) A person who operates a motor vehicle in which there is a child and that is equipped with a safety belt meeting the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208) commits a Class D infraction if:

   1. (1) the child is at least eight (8) years of age but less than sixteen
   2. (16) years of age; and

   3. (2) the child is not properly fastened and restrained according to the child restraint system manufacturer's instructions by a:

      1. (A) child restraint system; or
      2. (B) safety belt.
2. (b) Notwithstanding IC 34-28-5-5 (c), funds collected as judgments for violations under this section shall be deposited in the child restraint system account established by section 9 of this chapter.

As added by P.L.67-2004, SEC.7.