Notwithstanding sections 2 and 3.6 of this chapter, a person may operate a motor vehicle in which there is a child who weighs more than forty (40) pounds and who is properly restrained and fastened by a lap safety belt if:

1. (1) the motor vehicle is not equipped with lap and shoulder safety belts; or

2. (2) not including the operator's seat and the front passenger seat:

   1. (A) the motor vehicle is equipped with one (1) or more lap and shoulder safety belts; and
   2. (B) all the lap and shoulder safety belts are being used to properly restrain other children who are less than sixteen (16) years of age.

As added by P.L.67-2004, SEC.8. Amended by P.L.146-2009, SEC.4.