Law-Forums.org

[symington]

We got pulled over in my friends Van and it's a really old van with no seat belts in the back and the cop wrote us all tickets, but can i actually get a ticket for not having a seat belt on if there are no seat belts? because we have been stopped before and cops don't say anything to us. Also the cops let us drive off just the same way we were stopped.

I live in washington state and the law states

All vehicle occupants must be properly restrained in all seating positions BUT
(2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208 and to neighborhood electric vehicles and medium-speed electric vehicles. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.

So obviously what i'm saying as some truth to it but will it be enough to win a case in court?

[seager]

You need to get them added to the van, so yes they can issue the ticket.

[blaeey]

only if that model didn't come with seatbelts originally... really old cars didn't always have them.

the courts opinion is that the vehicle should be repaired to factory standards... if it isn't... its your own fault.

[tredway]

If the van is a 1964 or earlier seat belts are recomended but not required. I would venture to say the van you were driving/riding in is newer than 1964.
If there were no belts in the vehicle it was your choice to drive/ride in it illegally. No traffic court judge will feel sorry for you because the owner of the van took the belts out. YOU WERE DRIVING/RIDING IN VIOLATION OF THE LAW...end of store.

[dana]

The law states since the seat belt law passed, all street passenger autos have to have seat belts in them. It is up to you to have your van fitted with seat belts. Yes the officer had the right to give you and your friends a ticket.

[hackett]

The law states since the seat belt law passed, all street passenger autos have to have seat belts in them. It is up to you to have your van fitted with seat belts. Yes the officer had the right to give you and your friends a ticket.

Yes, they can give you a ticket.You will need legal advice from an attorney if you want to win a case.
However, I would suggest installing seatbelts on that van.

[talbot]

Vehicles made before a those standards did not have seat belts, that's why they are exempt from those standards. Cutting out the seat belts from the vehicle doesn't mean it's okay because they are not there.

Also, those old vehicles couldn't go that fast, so seat belts weren't so much of a problem.

You still have the ticket, and the owner needs to get that fixed.

[ashbey15]

You didn't mention the one critical piece of information. What vehicle was this that you were in at the time. The matter and the law hinges on this fact.

The regulation you quoted is not complete. It references another "standard 208" which you need to look up and determine if the facts of your situation fall outside of what is required. Anything else is speculation.

Certainly if the vehicle was originally equipped with seat belts you have a weaker case.
-- for a long time after the seat belt law school buses didn't have seat belts, go figure.

Certainly if the vehicle was built before the seat belt law you have a stronger case.
-- but in this case there may be some requirement that the vehicle have a "classic" or "antique" plate, but even this may depend upon local state laws. I am quite sure that Jay Leno's 1908 Baker Electric (California) did not originally and does not now have seat belts.

However, the police can and sometimes do give tickets for whatever they want. It is up to you to fight it in court, and bring a civil suit for "malicious prosecution" if you receive a not guilty verdict and other facts suggest the action.