Legal Question in Traffic Law in Texas

back seat passenger over 17 needs seatbelt?

I was given a ticket for not wearing a seatbelt as a back seat passenger. I am 43, according to the law,17 and under are required to wear one. What does the law say about this? A previous judge said he was 95% sure I was right and he would check. Second court date another judge fined me $285, sent me to a seatbelt class $35 no ifs or buts about it. Is he right?


Asked on 7/27/06, 1:22 pm

1 Answer from Attorneys

TC Langford Langford Law Office

Re: back seat passenger over 17 needs seatbelt?

You are right. Below is a cut-and-paste of the law from the Texas Transportation Code. Because of the length limits, I can only post a portion of the law -- but the header gives you the citation, which you should be able to access online.

TRANSP. 545.413

TRANSPORTATION CODE - TITLE 7. VEHICLES AND TRAFFIC

CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES

TRANSP. 545.413 SAFETY BELTS; OFFENSE.

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� 545.413. SAFETY BELTS; OFFENSE.

SUBCHAPTER I. MISCELLANEOUS RULES

(a) A person commits an offense if the person:

(1) is at least 15 years of age;

(2) is riding in the front seat of a passenger vehicle while the vehicle is being operated;

(3) is occupying a seat that is equipped with a safety belt; and

(4) is not secured by a safety belt.

(b) A person commits an offense if the person:

(1) operates a passenger vehicle that is equipped with safety belts; and

(2) allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.

(c) A passenger vehicle or a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts.

(d) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200.

(e) It is a defense to prosecution under this section that:

(1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

(2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

(3) the person ..........

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Answered on 7/27/06, 3:42 pm


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