(a) Technician immunity.--A child passenger safety technician or sponsoring organization shall not be civilly liable for an act or omission that occurs solely in the inspection, installation or adjustment of a child passenger restraint system or child booster seat in a motor vehicle or in the giving of advice or assistance regarding the installation or adjustment of a child passenger restraint system or child booster seat in a motor vehicle if:
(1) the child passenger safety technician acts in good faith and within the scope of the training for which the technician is currently certified;
(2) the act or omission does not constitute gross negligence or willful or wanton misconduct;
(3) the inspection, installation or adjustment of the child passenger restraint system or child booster seat or the advice or assistance is provided without fee or charge to the owner or operator of the motor vehicle; and
(4) the inspection, installation or adjustment of the child passenger restraint system or child booster seat is not provided in conjunction with the for-profit sale of the child passenger restraint system or child booster seat.
(b) Lender immunity.--No person or organization who or which lends to another person or organization a child passenger restraint system or appropriately fitting child booster seats, as described in section 4581 (relating to restraint systems), shall be liable for any civil damages resulting from any acts or omission, except any act or omission intentionally designed to harm, or any grossly negligent act or omission resulting in harm to another.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Child passenger safety technician." An individual who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association or other entity designated by the National Highway Traffic Safety Administration.
(Nov. 23, 1987, P.L.399, No.82, eff. imd.; July 15, 2004, P.L.694, No.75, eff. 60 days)
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 45 - Other Required Equipment
Section 4501 - Promulgation of regulations by department
Section 4502 - General requirements for braking systems
Section 4521 - Promulgation of regulations by department
Section 4522 - Effect of amendments to Federal regulations (Repealed)
Section 4523 - Exhaust systems, mufflers and noise control
Section 4524 - Windshield obstructions and wipers
Section 4525 - Tire equipment and traction surfaces
Section 4527 - Image display device
Section 4528 - Fire extinguishers
Section 4529 - Slow moving vehicle emblem
Section 4530 - Portable emergency warning devices
Section 4531 - Emission control systems
Section 4532 - Smoke control for diesel-powered motor vehicles
Section 4533 - Rear wheel shields
Section 4534 - Rearview mirrors
Section 4535 - Audible warning devices
Section 4537 - Device used to carry pedalcycles
Section 4551 - Safety regulations
Section 4552 - General requirements for school buses
Section 4553 - General requirements for other vehicles transporting school children
Section 4571 - Visual and audible signals on emergency vehicles
Section 4572 - Visual signals on authorized vehicles
Section 4572.1 - Flashing or revolving lights on tow trucks
Section 4572.2 - Solid waste collection vehicles
Section 4573 - Identification of certain vehicles
Section 4581 - Restraint systems
Section 4582 - Child Passenger Restraint Fund
Section 4583 - Hospital information program
Section 4584 - Oral hazard warning (Deleted by amendment)
Section 4585 - Use of information or evidence of violation of subchapter