Dismissed 4 Less
California's Most Affordable Ticket Dismissal
California Seat Belt Violations
If you are a driver then it is important that you are aware of all the prevalent laws in the state that you drive in. Remember that not being aware of the law is not a valid excuse.
The best thing about law is that it is usually very clear and answers every question in detail. However, legal language can be difficult to understand for a common man.
To help you in this regard, we have covered the California seat belt law in detail. In this article, we’re going to talk about California seat belt violations and answer all questions you may have about the law including possible tickets.
Let’s get started with our Seat Belt Violation California (CVC 27315) guide:
Seat Belt Violation California (CVC 27315): What is California Seat Belt Law
California Vehicle Code 27315 VC explains the law related to seat belts. The document states the need to have a ‘mandatory seatbelt law’ to reduce driving-related injuries and deaths and make roads safe for everyone.
The law covers manual seat belts and encourages the use of automatic crash protection systems as they’re said to be more reliable than manual systems
The document reads:
“Systems that require no action by vehicle occupants offer the best hope of reducing deaths and injuries, and that encouraging the use of manual safety belts is only a partial remedy for addressing this major cause of death and injury.”
The law covers a variety of vehicles including a passenger vehicle, motor truck, truck tractor, and farm labor vehicle.
Here’s what the law says:
(1) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt.
(2) For purposes of this section the phrase, “properly restrained by a safety belt” means that the lower (lap) portion of the belt crosses the hips or upper thighs of the occupant and the upper (shoulder) portion of the belt, if present, crosses the chest in front of the occupant.
(f) An owner of a motor vehicle, including an owner or operator of a taxicab, as defined in Section 27908, or a limousine for hire, operated on a highway shall maintain safety belts in good working order for the use of the occupants of the vehicle. The safety belts shall conform to motor vehicle safety standards established by the United States Department of Transportation. This subdivision, however, does not require installation or maintenance of safety belts if it is not required by the laws of the United States applicable to the vehicle at the time of its initial sale.
In simple words, the law requires everyone (16 or older) to wear a seat belt whether driving or riding as a passenger. Also, it is the duty of vehicle owners to ensure seat belts are in proper condition.
Seat Belt Violation California (CVC 27315) Fines
Violating the law can turn out to be very costly. Here’s what the section says:
(h) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court, pursuant to Section 42005, may order that a person convicted of a first offense attend a school for traffic violators or another court-approved program in which the proper use of safety belts is demonstrated.
In simple words, violations can result in a fine starting as at $20. Each subsequent offense will cost you $50. However, remember that this is only the base fine and you may have to end up paying a lot more depending on a number of factors including penalty assessments and state fees.
On the positive side, California seat belt violations do not result in a point. This is very important because points can result in the suspension of your license and make insurance expensive. They can stay on your record for 3 or more years and can be difficult to get rid of.
Are There Any Exceptions to Seat Belt Violation California (CVC 27315)?
Yes, there are some exceptions to the Seat Belt Violation California (CVC 27315) law:
(g) This section does not apply to a passenger or operator with a physically disabling condition or medical condition that would prevent appropriate restraint in a safety belt, if the condition is duly certified by a licensed physician and surgeon or by a licensed chiropractor who shall state the nature of the condition, as well as the reason the restraint is inappropriate. This section also does not apply to a public employee.
In addition to this, individuals involved in a delivery business might be exempt in some cases. Here’s what the Seat Belt Violation California (CVC 27315) law says:
(m) This section does not apply to a person actually engaged in delivery of newspapers to customers along the person’s route if the person is properly restrained by a safety belt prior to commencing and subsequent to completing delivery on the route.
(n) This section does not apply to a person actually engaged in collection and delivery activities as a rural delivery carrier for the United States Postal Service if the person is properly restrained by a safety belt prior to stopping at the first box and subsequent to stopping at the last box on the route.
(o) This section does not apply to a driver actually engaged in the collection of solid waste or recyclable materials along that driver’s collection route if the driver is properly restrained by a safety belt prior to commencing and subsequent to completing the collection route.
In simple words, individuals with special needs and individuals involved in a delivery business may be exempt if they can provide the required documents and take the required precautionary measures.
The Seat Belt Violation California (CVC 27315) law clearly explains the documents required for this purpose. These include a disability certificate in case of a disability and an employee card in case of an employee.
Seat Belt Violation California (CVC 27315) and Passengers
The law requires not only drivers but also passengers to wear a seat belt for safety.
Here’s what the law says:
(3) The operator of a limousine for hire or the operator of an authorized emergency vehicle, as defined in subdivision (a) of Section 165, shall not operate the limousine for hire or authorized emergency vehicle unless the operator and any passengers eight years of age or over in the front seat, are properly restrained by a safety belt.
(4) The operator of a taxicab shall not operate the taxicab unless any passengers eight years of age or over in the front seat, are properly restrained by a safety belt.
(e) A person 16 years of age or over shall not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt. This subdivision does not apply to a passenger in a sleeper berth, as defined in subdivision (x) of Section 1201 of Title 13 of the California Code of Regulations.
In simple words, as a driver, it is your responsibility to ensure that passengers wear a seat belt or use an appropriate child restraint system based on their age to avoid getting a seat belt violation ticket.
How Can I Fight a California Seat Belt Violation?
The law is there to protect citizens and you are innocent until proven guilty.
Just because you’ve received a seat belt violation ticket doesn’t mean you must automatically plead guilty to the violation. You can choose to fight the ticket with the help of a California traffic ticket specialist.
Here are some of the most common defenses used by traffic ticket specialists in California when you get a Seat Belt Violation California (CVC 27315):
- You were in a hurry due to an emergency hence you skipped wearing a seat belt.
- You could not wear a seat belt due to a medical condition including temporary health issues.
- The officer had no reason to stop the vehicle
The third point is the most important one because the law requires the officer to have a valid reason to stop a car. The officer cannot stop a vehicle just because the driver was not wearing a seat belt.
Valid issues include speeding, collision, etc. You will, however, have to provide supporting evidence to prove your case. Evidence can be in the form of witnesses, surveillance videos, and photographs.
It is important that you do not ignore a California seat belt violation ticket as doing so results in a violation and can cause you to pay penalties. Once you get a ticket, you must decide your next step. You can choose to pay your fine or fight it.
You will be asked to sign a written promise to show up in court. It is best to fight a seat belt violation ticket through a Trial by Written Declaration. The court may allow you to break your fine into installments if you decide to plead guilty or the fine can be reduced or dismissed based on your circumstances if challenged. Remember that failure to appear might be considered a misdemeanor.
Make sure to pay attention to your ticket and respond to it by the deadline mentioned on it.
Why Wear a Seat Belt?
From a legal perspective, you must wear a seat belt to avoid Seat Belt Violation California (CVC 27315). However, that’s not the main aim of a seat belt.
A seat belt, also known as a safety belt, is designed to reduce accidents and make it safe to drive on the road.
According to the NHTSA, 47% of the 37,133 people killed in car crashes in 2017 were found to be not wearing a safety belt at the time of the crash.
It’s believed that seat belts saved about 15,000 lives in 2017. The number could’ve been as high as 17,500 had more been wearing safety belts.
Wearing a seat belt ensures you remain secure inside your car. Not wearing a seat belt can cause you to get ejected in the event of a crash, which can turn out to be deadly.
While airbags are quite effective, research shows that they cannot protect you alone. In fact, the force can cause major injuries. Seat belts reduce the risk of injuries due to the airbag and prevent damage.
It is very important that you wear the seat belt properly. Wearing the seat belt improperly is not a violation in most cases but it’s very risky. Do not make the mistake of putting the strap below your arm or placing the belt over your neck.
Buckling up in the front seat of a passenger car reduces the risk of fatal injuries by 45% and the risk of moderate to critical injuries by 50%.
Similarly, buckling up in a light truck reduces the risk of fatal injuries by 60% and the risk of moderate to critical injuries by 65%.
Seat Belt Violation California (CVC 27315): What if I Get Into an Accident While Not Wearing a Seat Belt?
Getting into an accident while not wearing a safety belt not only increases the risk of injuries but it can also put you into legal trouble if it ends up in a personal injury case.
If you sue the other person, you might not get much in compensation because their lawyer might be able to prove that your injuries were aggravated due to the missing belt.
Similarly, you can get sued if you were at fault and you may have to pay more in damages if you were found to be not wearing a safety belt. You’d be considered negligent.
The state’s law defines “negligence” as “the failure to use reasonable care to prevent harm to oneself or to others.”
When it comes to auto accidents, the other party may only have to prove that you were negligent in order to win. You will have to pay damages even if it wasn’t entirely your fault.
Regarding auto accidents, negligent drivers are at fault for the accident and may have to pay for any damages caused.
It can often be difficult to prove negligence in such cases. The law in California, however, is very clear. The person behind the wheel is considered “negligent per se”, i.e: you’d be considered negligent if you violate a statute.
On the other hand, you will have the option to sue the other party even if you were not wearing a seat belt. The law doesn’t prohibit passengers or drivers from suing other parties if they caused an injury or accident.
California is among the states that follow competitive fault laws in cases that involve negligent passengers or drivers. These laws are quite technical and can be a little complicated to understand. In simple words, if you’re found to be not wearing a seat belt then the damages you get awarded will be reduced.
We must mention that you will not be announced negligent unless proven.
Vehicle Code 27315 and Related Laws
There are three laws related to VC 27315. These include:
- Vehicle Code 27360 covering child restraint systems
- Vehicle Code 27360.5 covering safety belt use for children – 8-16 years of age
- Vehicle Code 27602 covering the use of a vehicle that contains an unauthorized video screen
It is very important to know and follow these laws. They’re made to protect your child and ensure road safety.
The law requires drivers to ensure children under the age of two only ride in a rear-facing car seat. However, there are some exceptions to this rule:
- The child is heavier than 40 pounds
- The child is taller than 40 inches
The law requires children between 2 and 8 years old to be neatly secured in a booster or car seat in the back.
The restraint systems used must meet the required standards. You can be fined for not having a proper restraint system:
- $100 for your first violation
- $250 for every following violation
Remember that these amounts reflect the base fines and actual fines may be higher.
Seat Belt Violation California (CVC 27315): FAQ
- Will I be asked to attend a traffic school if I get a Seat Belt Violation California (CVC 27315)?
- Will I get rid of the ticket if I attend a traffic school?
- Will I have to go to the court if I get a Seat Belt Violation California (CVC 27315)?
- Is it a crime to not wear a seat belt?
- What happens if I do not pay my ticket or appear in court after a Seat Belt Violation California (CVC 27315)?
- Is it illegal to drive a car without a seat belt?
- Can I go to jail for not wearing a seat belt?
- Can wearing a seat belt protect me against injuries?
- How can I get my seat belt violation ticket dismissed?
- Can a seat belt violation affect insurance rates?
Attending traffic school is not mandatory but the court may suggest first time offenders to attend a traffic school that offers courses on the importance and use of seat belts.
No, you will still have to pay the fine. The only benefit is that you may not commit the same mistake in the future, which is important for road safety. However, in very rare cases, the court may instruct you to attend a traffic school in lieu of the fine.
Yes, in some cases, you may have to go to the court as seat belt violations often require a DMV hearing. You may, however, have the option to work with a traffic ticket expert and have solid legal assistance.
No, it is not a criminal offense. Passengers or drivers who get a Seat Belt Violation in California (CVC 27315) aren’t subject to criminal penalties or incarceration.
You will be in violation of Vehicle Code 40508 VC. This can result in a fine of up to $1,000 and jail time – up to six months.
No, it is not illegal to drive a car without a seat belt. A seat belt law violation is considered a secondary offense in California, which means that an officer cannot stop you or issue you a ticket for not wearing a seat belt. However, you might get a seat belt ticket if you’re stopped for any other (valid) reason and are found to be driving a car that does not have a seat belt.
No, you will not go to jail for the sole purpose of not wearing a seat belt in California. However, you may have to spend time in prison if you are caught for a criminal offense while not wearing a seat belt. Moreover, failing to pay the ticket by the deadline can also result in higher fines and possible jail time.
Yes, wearing a seat belt reduces the risk of injuries in case of a collision. They reduce the risk of death by about 45% and the risk of major injuries by about 50% when worn properly.
Your seat belt violation ticket may get dismissed if the officer fails to prove the alleged violation and provide sufficient evidence. Cases may also get dismissed if the officer does not submit his/her declaration by the deadline.
Since it is a minor offense that does not result in a point, it does not typically affect insurance rates in California. However, some insurance companies take seat belt violations into consideration and failure to pay your ticket can make insurance more expensive. Hence, make sure to pay it or fight your case.
Seat Belt Violations in California: Conclusion
This is all that you need to know about seat belt laws in California. The law is very clear about the use of seat belts and is designed to keep you safe.
A seat belt does not only reduce the risk of injuries but also protects you against tickets and heavy fines.
Get in touch with Dismissed 4 Less if you have been issued a Seat Belt Violation ticket in California (CVC 27315) and you want to fight it. Our traffic ticket experts understand the law and can help you dismiss your ticket for less.
Footer
