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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Seat Belt Ticket to 17-Year-Old Front Seat Passenger

    My question involves a traffic ticket from the state of: New Jersey

    My son received a ticket as a front seat passenger in a car that has moved 2 feet in a parking lot. He was in the process of putting the seat belt on when the car was stopped. He received a ticket. The driver of the car was also 17.

    Question: by my reading of the statue, it appears the driver is responsible for occupants that are between 8 and 17 to be seatbelted, therefore I beleive the driver should have received the ticket. I do not see how a 17yr old passenger can receive the ticket. Here is the statute. I would love to hear a response. Maybe I am missing something??
    Thanks.

    39:3-76.2f Seat belt usage requirements for persons ages 8-18; driver's responsibility.
    2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under eight years of age and weighing less than 80 pounds, all passengers under eight years of age and weighing more than 80 pounds, and all passengers who are at least eight years of age but less than 18 years of age, and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

    b. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger who is at least eight years of age but less than 18 years of age.


    [/I]

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Seat Belt Ticket to 17-Year-Old Front Seat Passenger

    I agree that under paragraph (2)(b), the driver COULD have been cited. However, paragraph (2)(a) says (in part), "... and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system...."

    Paragraph (2)(a), therefore, requires "each driver and front seat passenger" to wear a seat belt. So, IMHO, BOTH could have been cited under that law (and without reading all of the references). The only question in my mind, is whether the parking lot is considered a "highway" under the laws of NJ (it certainly is in some states).

    Barry

  3. #3
    Join Date
    Jun 2009
    Posts
    17

    Default Re: Seat Belt Ticket to 17-Year-Old Front Seat Passenger

    good answer, barry ..

    so ..

    now we need to know ..in NJ.. is a parking lot, perhaps belonging to a Sole Owner, in a Retail Establishment ..

    a

    " Public Highway " .. or whatever Arcane way the State may hide this crap ..
    look at your Motor Vehicle Code ..

    you don't need an attorner

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