Seat belt ticket in Parking Lot help!

[OceanJackson]

What is the name of your state (only U.S. law)? California

I got into my car which was in a parking space, in a parking lot. I reversed out of my space, and began moving the car forward. I was NOT wearing my seat-belt at this time. An officer was sitting in his police car, in the lot with me. He saw me, and pulled me over in the lot; I had not reached the street when I was pulled over. In fact, I had driven approx. 20 feet from my parking space.

I've read the CA seatbelt law and it states: "A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt."

I cannot imagine that a parking lot can be considered a 'highway'. There is no mention of 'parking lot' in the law.

QUESTION: Can someone please confirm for me whether or not I have a leg to stand on in fighting this ticket?

[CdwJava]

What section were you cited for?

Yes, in general, seatbelt laws are not applicable in parking lots ... unless it meets the definition of a highway:

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.

Most parking lots open for retail use are going to be "off street parking facilities" and not a "highway". Now, if this parking lot was maintained by public funds (a city parking lot, perhaps) then it could be considered a highway.

- Carl

[OceanJackson]

Thank you - I was cited for section 27315(d1)

It was a BART parking lot (Bay Area Rapid Transit) - which is basically our public train system.

So, I'm guessing the lot is maintained with public funds and is not a 'private' lot, and would be considered a 'highway'.

I'm probably not looking too good on this one...though I would dispute that a parking lot is a 'highway' because it is not for "purposes of vehicular travel." It is for vehicular PARKING, or specifically NON-travel. How any reasonable person can disagree with that, I'm not sure.

I had a public-defender friend of mine just tell me that (at least) in our area parking lots have often been considered 'highway's'...but maybe it's up to the judges discretion.

[CdwJava]

Originally Posted by OceanJackson

Thank you - I was cited for section 27315(d1)

Okay ... that's this one:

(d) (1) A person shall not operate a motor vehicle on a highway
unless that person and all passengers 16 years of age or over are
properly restrained by a safety belt.

It was a BART parking lot (Bay Area Rapid Transit) - which is basically our public train system.

I'm very familiar with BART ... was number one on their hiring list almost 20 years ago, went to Sacramento at that time instead.

So, I'm guessing the lot is maintained with public funds and is not a 'private' lot, and would be considered a 'highway'.

It could be, yes. But, you might consider bringing up the "on a highway" issue at trial and hoping the judge buys that it is not a highway. Chances are the BART PD cite this all the time so they know the judge ain't gonna buy that, but it might be worth a try.

I'm probably not looking too good on this one...though I would dispute that a parking lot is a 'highway' because it is not for "purposes of vehicular travel." It is for vehicular PARKING, or specifically NON-travel. How any reasonable person can disagree with that, I'm not sure.

Uh ... and you do WHAT to get to that parking space?

You can try, but that's about as much a longshot as the "highway" argument.

I had a public-defender friend of mine just tell me that (at least) in our area parking lots have often been considered 'highway's'...but maybe it's up to the judges discretion.

If it is a publicly maintained parking lot (and BART's is) then I suspect it will be considered a "highway". It has been that way in all three of the counties I have worked for.

- Carl

[VeronicaLodge]

this is kinda off topic but just wanted to point this out for all of us that start moving our cars then put our seatbelts on. i am (was) notorious for doing this and putting my seatbelt on when i got to the first stop sign or light or corner.

My niece just recently flipped her car on her own street. it was morning, broad day light, she wasn't speeding (her father was down the street behind her) but the sun was rising and it was blinding and glaring. She was going about 20 and the front corner of her car hit the back corner of a parked car that she didn't see and her little SUV rolled completely over and back up. She was ok, the car was not, but if she had been like me and was waiting until after leaving the subdivision or getting to that first corner to put her seatbelt on, it could have been far far worse for her. I now always put my seatbelt on before taking my car out of park!