Chapter 10.20
MOTOR VEHICLE SAFETY RESTRAINTS

Sections:

10.20.010    Motor vehicle defined.

10.20.020    Applicability.

10.20.030    Use required.

10.20.040    Use by passenger required.

10.20.050    Exemption for physical or medical reasons.

10.20.060    Notice of infraction.

10.20.070    Failure to comply not to constitute negligence.

10.20.080    Enforcement.

10.20.090    Infraction – Penalty.

10.20.010 Motor vehicle defined.

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

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

B. “Multipurpose passenger vehicles” means 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 multipurpose 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. 87-03 § 1(1), 1987)

10.20.020 Applicability.

This chapter only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicles safety standard 208. (Ord. 87-03 § 1(2), 1987)

10.20.030 Use required.

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. (Ord. 87-03 § 1(3), 1987)

10.20.040 Use by passenger required.

No person may operate a motor vehicle unless all passengers under the age of 16 years are either wearing a safety belt assembly or are securely fastened into an approved child-restraint device. (Ord. 87-03 § 1(4), 1987)

10.20.050 Exemption for physical or medical reasons.

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. (Ord. 87-03 § 1(8), 1987)

10.20.060 Notice of infraction.

A person violating this chapter shall be issued a notice of traffic infraction under RCW 46.63. A finding that a person has committed a traffic infraction under this section shall be contained in the driver’s abstract but shall not be available to insurance companies or employers. (Ord. 87-03 § 1(5), 1987)

10.20.070 Failure to comply not to constitute negligence.

Failure to comply with the requirements of this chapter not does constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action. (Ord. 87-03 § 1(6), 1987)

10.20.080 Enforcement.

Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of RCW Title 46, or an equivalent local ordinance or some other offense. (Ord. 87-03 § 1(7), 1987)

10.20.090 Infraction – Penalty.

Any person found to have committed an act designated a traffic infraction under provisions of RCW Title 46, as adopted by reference in this chapter, shall be penalized as provided in accordance with Washington Court Rules JTIR 6.2 (Monetary Penalty Schedule). (Ord. 87-03 § 3, 1987)