Chapter 10.44
SAFETY BELTS

Sections:

10.44.010    Child passenger restraint required.

10.44.020    Penalty for failure to restrain child passenger.

10.44.030    Use of safety belts required – Definitions.

10.44.040    Use of safety belts required – Exemptions.

10.44.050    Use of safety belts required – Applicability to driver and children under 16.

10.44.060    Use of safety belts required – Enforcement.

10.44.010 Child passenger restraint required.

The parent or legal guardian of a child less than five years old, when the parent or legal guardian is operating anywhere in the state his or her own motor vehicle registered under Chapter 46.16 RCW, in which the child is a passenger, shall have the child properly secured in a manner approved by the State Commission of Equipment. Even though a separate child passenger restraint device is considered the ideal method of protection, a properly adjusted and fastened federally approved seat belt is deemed sufficient to meet the requirements of this section for children one through four years of age. (Ord. 565, 1987)

10.44.020 Penalty for failure to restrain child passenger.

A person failing to restrain a child passenger as required by this chapter may be issued a notice of traffic infraction as provided by this code. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system within seven days to the city, the notice of traffic infraction shall be dismissed. If the person fails to present proof of acquisition within the time required, he or she is subject to a penalty assessment of not less than $30.00. (Ord. 565, 1987)

10.44.030 Use of safety belts required – Definitions.

For the purposes of this chapter, “motor vehicle” includes:

A. “Buses,” meaning motor vehicles with motive power, except trailers, designed to carry more than 10 passengers;

B. “Multipurpose passenger vehicles,” meaning motor vehicles with motive power, except trailers, designed to carry 10 persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;

C. “Passenger cars,” meaning motor vehicles with motive power, except multi-purpose passenger vehicles, motorcycles or trailers, designed for carrying 10 passengers or less; and

D. “Trucks,” meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property. (Ord. 565, 1987)

10.44.040 Use of safety belts required – Exemptions.

This chapter only applies to motor vehicles that meet the manual seat belt safety standards as set forth in Federal Motor Vehicle Safety Standard 208. This chapter 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. This chapter does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons. This chapter does not apply to operators or occupants of farm vehicles, construction equipment and vehicles that are required to make frequent stops exempted under rules adopted by the commission on equipment. (Ord. 565, 1987)

10.44.050 Use of safety belts required – Applicability to driver and children under 16.

Every person 16 years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner. No person may operate a motor vehicle unless all persons under the age of 16 years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device. A person violating this chapter shall be issued a notice of traffic infraction as provided by this code. (Ord. 565, 1987)

10.44.060 Use of safety belts required – Enforcement.

Enforcement of this chapter by law enforcement officers as it relates to safety belts may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected traffic violation or infraction or some other offense. (Ord. 565, 1987)