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?
1 Answer from Attorneys
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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