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ticket for a broken seatbelt

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karesse03

Junior Member
What is the name of your state? California

I was the passenger in a car that had the top of the seatbelt broken. I was wearing the lower part. I got a ticket for not wearing my seatbelt properly. Any way I can argue that it was not possible to wear it properly in court? That number of the citation is 27315(d)vc

Thanks
 


JETX

Senior Member
karesse03 said:
I was the passenger in a car that had the top of the seatbelt broken. I was wearing the lower part. I got a ticket for not wearing my seatbelt properly. Any way I can argue that it was not possible to wear it properly in court? That number of the citation is 27315(d)vc
You can argue all you want, but the obligation was on YOU to not use a 'broken' seatbelt. You should have sat elsewhere in the vehicle or, if the driver, not at all.

27315. (a) The Legislature finds that a mandatory seatbelt law will contribute to reducing highway deaths and injuries by encouraging greater usage of existing manual seatbelts, that automatic crash protection systems which require no action by vehicle occupants offer the best hope of reducing deaths and injuries, and that encouraging the use of manual safety belts is only a partial remedy for addressing this major cause of death and injury. The Legislature declares that the enactment of this section is intended to be
compatible with support for federal safety standards requiring automatic crash protection systems and should not be used in any manner to rescind federal requirements for installation of automatic restraints in new cars.
<snip>
(d) (1) A person may 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. This paragraph does not apply to the operator of a taxicab, as defined in Section 27908, when the taxicab is driven on a city street and is engaged in the transportation of a fare-paying passenger. The safety belt
requirement established by this paragraph is the minimum safety standard applicable to employees being transported in a motor vehicle. This paragraph does not preempt any more stringent or restrictive standards imposed by the Labor Code or any other state or federal regulation regarding the transportation of employees in a motor vehicle.
(2) The operator of a limousine for hire or the operator of an authorized emergency vehicle, as defined in subdivision (a) of Section 165, may not operate the limousine for hire or authorized emergency vehicle unless the operator and any passengers six years of age or over or weighing 60 pounds or more, in the front seat are properly restrained by a safety belt.
(3) The operator of a taxicab may not operate the taxicab unless any passengers six years of age or over or weighing 60 pounds or more, in the front seat are properly restrained by a safety belt.
 

HomeGuru

Senior Member
karesse03 said:
What is the name of your state? California

I was the passenger in a car that had the top of the seatbelt broken. I was wearing the lower part. I got a ticket for not wearing my seatbelt properly. Any way I can argue that it was not possible to wear it properly in court? That number of the citation is 27315(d)vc

Thanks

**A: you would only win if the car was so old that it did not have a shoulder type seat belt in addition to the lap type.
 

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