What is the wording of the law regarding wearing a seatbelt?

Question

Ok. So, I was driving down the road, minding my own affairs. I notice a state trooper who pulls behind me. He pulls up close, presumably to get my lisence plate number and the lights come on.

I pull over and he writes me a ticket for a seatbelt violation. I was wearing my seatbelt. Apparently, it has to be over your shoulder. It was just hanging on my arm a little. WTF? This complete bullshit!

Also, how can he make this call from 20 feet away?

Later I find out at the gas station that they've been pulling over people for no apparent reason all day long. What is the seatbelt law? Maybe I was slightly (and just by a ******* inch or two), but this is completley bogus!

So, our crappy state can't generate revenue, and they've doing an involuntary tax increase? Is this what's happening?

Anywhoo, what's the law?

oh right. got so busy venting i forgot about that. alabama.

Answer 1

This is the Seatbelt law in Alabama:

(a) Each front seat occupant of a passenger car manufactured with safety belts in compliance with Federal Motor Vehicle Safety Standard No. 208 shall have a safety belt properly fastened about his body at all times when the vehicle is in motion.


(b) The provisions of subsection (a) shall not apply to:


(1) A child passenger under the purview of Section 32-5-222, who is required to use a child passenger restraint system or a seat belt pursuant to Section 32-5-222.

(2) An occupant of a passenger car who possesses a written statement from a licensed physician that he is unable for medical reasons to wear a safety belt.

(3) A rural letter carrier of the United States Postal Service while performing his duties as a rural letter carrier.

(4) A driver or passenger delivering newspapers or mail from house to house.

(5) Passengers in a passenger car with model year prior to 1965.

(6) Passengers in motor vehicles which normally operate in reverse.

Comments: Notice that the statute requires that drivers have seatbelts fastened "properly." Therefore, if you chose to dispute this ticket, you would need to argue that the way you had the seatbelt fastened was "proper," according to the statute. There is no case law in Alabama interpreting what "proper" means in this context. This should not be surprising since case law is made by appealing decisions, and paying for an appeal is very expensive, so it would not be worth it to dispute a $25 dollar fine to most people.

Nonetheless, Black's Law Dictionary defines "proper" as "that which is fit, suitable, appropriate, or correct" and "reasonably sufficient." You could argue that the purpose of the seatbelt law was to keep people safe and that the way you were wearing the seatbelt did not detract from that purpose. Therefore, you might say, you were not wearing the seatbelt "improperly" since your way kept you "sufficiently" safe. On a practical level, you would probably face an uphill battle in arguing that the way you were wearing the seatbelt was just as safe as the ordinary way and it may even require the testimony of experts (expensive) and/or research into automobile safety reports, but I suppose anything is possible.

In any event, even if you decide to take it to trial and you lose, the most you could pay would be the $25 fine. § 32-5B-8 (a), Ala.Code 1975 states that no court costs are assessed for disputing a seatbelt citation; also, this was expressly recognized in Dougherty v. City of Moundville, 949 So.2d 188. As the court stated there:
"[B]oth Dougherty and the State correctly note, § 32-5B-8 (a), Ala.Code 1975, provides that "[a] person subject to a penalty pursuant to Section 32-5B-5[ ] shall not be assessed court costs on a conviction."

So if you pay it or if you dispute it and lose, you will only pay $25. Notably, if you opt to take it to trial, they may even throw it out because it is such a minor amount of money. And who knows, you may even win. Best of Luck!

Answer 2

Depends on what state you live in. Most all states have seat-belt laws now. In some its considered a secondary offense which means you have to be pulled over for some other reason first. Also, I would think that in all states (as in all laws) to be considered "wearing your seat-belt ' it would mean wearing it properly. In some states they can ticket for not wearing seatbelts as part of a sting. Go to lawfinder.com

Answer 3

the automobile wasn't designed for them, installation them may be extra risky than being with out them. recommend you're taking the automobile to a vosa mot internet site for lorries, those human beings i think examine equipment autos and such so paintings in a roundabout way for the government and could be waiting to advise on what's needed

Answer 4

I dont know what you mean by "wearing it over your shoulder".

did you have it Fastened? A seat belt can be only worn one way correctly; over your shoulder, across your chest/ the lap portion over your lap and fastened into the lock.

if you tucked the "chest" strap part, under your arms (because like many, they say its a bother), then yes, they can pull you over for that.

Answer 5

Going to depend entirely on what state you're in.