1. #1
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    Can CHP do this?

    While driving down the road, I was talking on the phone holding my phone with my left hand. Noticing that the seat belt was really irratating me, I lowered the top portion of the belt to under my armpit. Only 2 minutes later, CHP pulls me over and gives me a citation. I informed him of the situation but her told me that he did not see the belt.
    Can police pull someone over only of a seat belt violation? I thought that they can ticket you only if there is another infraction and the seat belt can be tact on to the citation.

  2. #2
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    Yes they can. California is a primary enforcement state (one of the first in the nation if I remember correctly.) Oh yea, and tucked under your arm is not a proper application of the belt.
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  3. #3
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    We have grants from the state to do nothing but go out and look for people not wearing their seatbelt and stop them. Wearing your seatbelt under your armpit is not properly wearing the seatbelt, a violation and a good way to hurt yourself in an accident. And as for "2 minutes later" it doesnt matter how long you are driving....you didnt wear the seatbelt and got a legit ticket. And holding that phone will be a violation here pretty soon too so hang up or pull over and talk.

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    "if you don't click it, you get a ticket"
    and yes there's a specific CVC for no seat belts...in CA, there's pretty much a CVC code for any vehicle violation you can think of.

  6. #6
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    Does the seatbelt have to be on when the vehicle is not in motion, i.e. at a stoplight?
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  7. #7
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    Quote Originally Posted by LCPLPunk
    Does the seatbelt have to be on when the vehicle is not in motion, i.e. at a stoplight?
    The statute says the seatbelt must be worn when the vehicle is operated. You are still operating a vehicle even if you are stopped at a stoplight so yes it must be on. The only exception would be with a valid doctors authorization not to have it on for extreme medical reasons or private property where the vehicle code is not enforced.

  8. #8
    Retired Sergeant - CHP
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    California's Seat Belt Law:

    http://www.dmv.ca.gov/pubs/vctop/vc/tocd12c5a3.htm

    If an officer observes that the seat belt is being improperly worn - as designed - or not being worn at all, the officer may stop and take the necessary enforcement action. It falls under the below quoted authority -

    Vehicle Code Section 2804: Inspection by Patrol Members

    2804. A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.


    My suggestion is comply with the law and you will not get stopped.
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  9. #9
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    Seatbelt violations are a primary offence in MD. Under your arm is not wearing the belt properly. That excuse has been used up. I never undertand why people ask if an officer is allowed to take the enforcement issued. There are too many violations taking place to have to make one up.
    Last edited by redbird07; 03-20-2007 at 11:10 AM.

  10. #10
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    Can CHP do this?

    Yes, and so can Alabama DPS. When Alabama's Seat Belt Law was first enacted, it was a secondary violation. In other words, you had to be stopped for another violation before a seat belt citation could be written. Within about two years, as I recall, it became a primary violation, and thus citable on it's own. And yes, if the belt was worn under your arm, that too, is in violation of the statute.

  11. #11
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  12. #12
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    The real problem with wearing it under your arm though .... is that in the event of a colision, your are going to break probably 2, 3, maybe 4 ribs on that side nearest the door as that belt tightens up along the tips of those ribs, one or more may even puncture a lung. Do that, and you'll wish you had it on correctly .... or not at all.


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  13. #13
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    yes a stupid question because it was answered above...

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