Legal Question in Appeals and Writs in Michigan
Do delivery drivers half to wear thei seat belt?
My brother works for Traverse city record eagle. While delivering newspapers he got pulled over and recived two seatbelt tickets. So my question is there a law that states they don't have to wear there seat belts?
2 Answers from Attorneys
Re: Do delivery drivers half to wear thei seat belt?
The law states, in relevant part:
257.710e Safety belt required; driver or passenger to which section inapplicable; transporting child 4 years of age but less than 16 years of age; enforcement of section; violation as evidence of negligence; reduction of recovery for damages; violation as civil infraction; reports of police harassment; effect of primary enforcement; study; media to promote compliance; report of findings; intent; assessment of points prohibited.
Sec. 710e.
(1) This section does not apply to a driver or passenger of any of the following:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
(e) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.
(f) A motor vehicle that is not required to be equipped with safety belts under federal law.
(g) A commercial or United States postal service vehicle that makes frequent stops for the purpose of pickup or delivery of goods or services.
(h) A motor vehicle operated by a rural carrier of the United States postal service while serving his or her rural postal route.
(2) This section does not apply to a passenger of a school bus.
(3) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened safety belt, except that a child less than 4 years of age shall be protected as required in section 710d. If there are more passengers than safety belts available for use, and all safety belts in the motor vehicle are being utilized in compliance with this section, the driver of the motor vehicle is in compliance with this section.
(6) Failure to wear a safety belt in violation of this section may be considered evidence of negligence and may reduce the recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. However, such negligence shall not reduce the recovery for damages by more than 5%.
(7) A person who violates this section is responsible for a civil infraction.
Re: Do delivery drivers half to wear thei seat belt?
I believe all drivers must wear the belts. Bill Stern