[bassman]

i finialy got the 51 desoto were it can drive.when i got it i promised to my family to get icecream with the 51.the store is about a mile and a half away,and what do you now it the Rousco wana-be cop pulls us over and gives me a ticket for my daughter not being in a seatbelt and a child booster. shes 7 but north carolina law is 8 or 80 lbs.she was in the back seat.he wrote me up a (G.S.20-137.1). now i know that im exempt just want some ideas on how to handle this.thank you for your help and have a happy labor day.

[Dave@Moon]

You may be exempt, but your daughter may not be. The child restraint laws vary, and I know the PA law made no mention of the age of the vehicle or an antique registration. I looked into it when I bought my 1960 Buick (no belts) and my son was 3 years old. I never allowed him in the car until I had the belts installed.

If the child restraint law makes no allowances for antique cars/registration you may still be liable. Those laws were largely written decades after every car had seat belts, and by people who had no relationship with any car that didn't. At best it's a gray area.

You'll need to find someone who's familiar with NC law and procedures. Check with the local AAA for starters.

[bassman]

from what i gathered so far under the north carolina law nc child passenger safty law-G.S.20-137.1 the exemptions say vehicles not required to have belts(such as cars made before 1968 and pus suvs,and vans made before 1972,and large buses)
www.buckleupnc.org/laws_cps.cfm
and thats under that law but like u said it seems to me also that it is a gay area. he woundnt even let me get another vehicle they had to walk home in the rain. the law changed for booster seats after she was out of one, so shes been riding in the back seat of are regular vehicle and always with a belt.

[bassman]

o i meant to say GRAY area not gay,

[MCHinson]

I am a Lieutenant with the Wilmington NC PD. I am familiar with NC law on this subject.

Officers are human and can make mistakes. In this case, the officer made a mistake. He is obviously not familiar with the full text of the law that he charged you with violating. The full text of the General Statute is pasted below.

See section b (iii) which indicates that this law does not apply "to vehicles which are not required by federal law or regulation to be equipped with seat belts."


§ 20‑137.1. Child restraint systems required.

(a) Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.

(a1) A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight‑appropriate child passenger restraint system. In vehicles equipped with an active passenger‑side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight‑appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

(b) The provisions of this section shall not apply: (i) to ambulances or other emergency vehicles; (ii) if all seating positions equipped with child passenger restraint systems or seat belts are occupied; or (iii) to vehicles which are not required by federal law or regulation to be equipped with seat belts.

(c) Any driver found responsible for a violation of this section may be punished by a penalty not to exceed twenty‑five dollars ($25.00), even when more than one child less than 16 years of age was not properly secured in a restraint system. No driver charged under this section for failure to have a child under eight years of age properly secured in a restraint system shall be convicted if he produces at the time of his trial proof satisfactory to the court that he has subsequently acquired an approved child passenger restraint system for a vehicle in which the child is normally transported.

(d) A violation of this section shall have all of the following consequences:

(1) Two drivers license points shall be assessed pursuant to G.S. 20‑16.

(2) No insurance points shall be assessed.

(3) The violation shall not constitute negligence per se or contributory negligence per se.

(4) The violation shall not be evidence of negligence or contributory negligence. (1981, c. 804, ss. 1, 4, 5; 1985, c. 218; 1993 (Reg. Sess., 1994), c. 748, s. 1; 1999‑183, ss. 6, 7; 2000‑117, s. 1; 2004‑191, ss. 1, 2; 2007‑6, s. 1.)

You can call the police department and ask to speak with the officer's supervisor and explain your problem to the supervisor. They should recognize the mistake and direct the officer to contact the district attorney's office and request a dismissal of the case. You can call the DA's office and complain to them and request a dismissal of the case, or you can go to court and plead not guilty, in which case I would bet my next paycheck that you will be found not guilty. If you need any further information on this or similar issues, you can send me a Private Message through this site, or call me at 910-470-3615 and I will be glad to discuss this issue with you.

[imported_Matt M, PA]

GREAT response Mr Hinson...excellent.

Everyone makes mistakes...hopefully this one will sort itself out. I'd care less about the fine...which seems very low...but the 2 points would be my concern.

[rocketraider]

Matt, thanks for your response and common sense approach.

I'm guessing it was a young cop, and since this is a holiday weekend the "Click it or Ticket" program is in force. NCSHP has a big portable computerized sign on NC 57 at Hyco Lake announcing "Click It or Ticket- Have a Safe Labor Day", and I've seen plenty of signs on US 58 here in Vajenya too.

NC is a primary offense state, and you being in an old car attracted the punk cop's attention same as a red flag to a bull. Virginia is NOT a primary offense state- there has to be another reason to stop you, though I know some LE up here are awfully creative at inventing reasons to pull a driver over to get credit for a seat belt ticket. They do a lot of DUI and license checkpoints here, and I have learned to keep my belt buckled and wallet in my pocket until the cop has looked inside the car.

Seat belts have been a way of life for me since I was a kid, and my dad insisted that we all use them. I feel "undressed" if I don't have mine buckled.

But... (there's that but again) I agree with an exemption for cars not originally equipped with them, simply because older cars often don't have good anchoring points. At the least, I'd want a reinforced weld nut on the floor of the car. What good is a seat belt if its attachment bolt pulls thru the floorboards under stress? Worse than not having one at all, because you're lulled into a sense of security that isn't there.

Not having kids, I really can't relate to the child seat and seatbelt laws. I DO think the insurance lobby is too powerful in statehouses, since that's where mandatory seat belt laws came from.

[bassman]

went to the cheif today and he never heard of this exemtion, he said it sounds like a gray area. he said that a ticket for no chids restaint is different but he said hell call the da's office and ask them.

[jan arnett (2)]

I thought you might be from Cal when you said that.
jan

[MCHinson]

The chief needs to read the law. The law is very clear. Nothing gray about it. It is clear in Black and White. What department are we talking about?

It really irritates me when my fellow law enforcement officers who are supposed to enforce the law don't know it. If he fails to correct his officers, it might be time to complain to the City Council or City Manager if you have a Council-Manager form of government. Please keep me posted on how this turns out.