Legal Question in Traffic Law in New York
seat belt
My husband was pulled over and given a ticket for not wearing a seat belt in NY. I thought you couldn't be pulled over for just that, that you had to be pulled over for something else and the seat belt violation could be added to that?
2 Answers from Attorneys
Re: seat belt
New York State Vehicle and Traffic Law does not have any provisions that make an infraction a primary or secondary. Any offence under the VTL can be a basis for a traffic stop and a Uniform Traffic Summons can be issued.
New Jersey had a provision that made seat belt a secondary infraction but if I am not mistaken that was changed several years ago and that is now a primary reason to stop today.
A seat belt infraction only carries a fine and no points.
Joel R. Salinger
Re: seat belt
You are correct--in Pennsylvania.
In New York, you can be pulled over for not wearing a seatbelt.
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