Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Seat Belt laws in Virginia?
Posted by:
Greg10
()
Date: December 28, 2013 10:39PM
What's are laws for seat belt usage in Fairfax County? I thought you can only get a seat belt violation if it was a secondary offense. Just recently I was pulled over for not wearing a seat belt. I got a $25 dollar ticket with it. The officer was standing outside of his car next to a stop sign and peeked in my car then pulled me over. Can I challenge the ticket in court because the officer clearly stopped me for the seat belt infraction and not for anything else?
Edited 1 time(s). Last edit at 12/28/2013 10:41PM by Greg10.
Edited 1 time(s). Last edit at 12/28/2013 10:41PM by Greg10.
Re: Seat Belt laws in Virginia?
Posted by:
Jen Money
()
Date: December 28, 2013 10:49PM
Just pay the $25 fine and move on.
Re: Seat Belt laws in Virginia?
Posted by:
facepalm
()
Date: December 28, 2013 11:13PM
Yup, it's a secondary offense citation in VA. Just wear your seatbelt, douchenozzle
Re: Seat Belt laws in Virginia?
Posted by:
Think about them
()
Date: December 29, 2013 03:29AM
Think of the first responders and click it. They don't want to clean your organ splattered car after you go through the dashboard.
Re: Seat Belt laws in Virginia?
Posted by:
XXX
()
Date: December 29, 2013 07:21AM
§ 46.2-1094. Occupants of front seats of motor vehicles required to use safety lap belts and shoulder harnesses; penalty.
A. Any driver, and any other person at least 18 years of age and occupying the front seat, of a motor vehicle equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices, shall wear the appropriate safety belt system at all times while the motor vehicle is in motion on any public highway. A passenger under the age of 18 years, however, shall be protected as required by the provisions of Article 13 (§ 46.2-1095 et seq.) of this chapter.
B. This section shall not apply to:
1. Any person for whom a licensed physician determines that the use of such safety belt system would be impractical by reason of such person's physical condition or other medical reason, provided the person so exempted carries on his person or in the vehicle a signed written statement of the physician identifying the exempted person and stating the grounds for the exemption; or
2. Any law-enforcement officer transporting persons in custody or traveling in circumstances which render the wearing of such safety belt system impractical; or
3. Any person while driving a motor vehicle and performing the duties of a rural mail carrier for the United States Postal Service; or
4. Any person driving a motor vehicle and performing the duties of a rural newspaper route carrier, newspaper bundle hauler or newspaper rack carrier; or
5. Drivers of and passengers in taxicabs; or
6. Personnel of commercial or municipal vehicles while actually engaged in the collection or delivery of goods or services, including but not limited to solid waste, where such collection or delivery requires the personnel to exit and enter the cab of the vehicle with such frequency and regularity so as to render the use of safety belt systems impractical and the safety benefits derived therefrom insignificant. Such personnel shall resume the use of safety belt systems when actual collection or delivery has ceased or when the vehicle is in transit to or from a point of final disposition or disposal, including but not limited to solid waste facilities, terminals, or other location where the vehicle may be principally garaged; or
7. Any person driving a motor vehicle and performing the duties of a utility meter reader; or
8. Law-enforcement agency personnel driving motor vehicles to enforce laws governing motor vehicle parking.
C. Any person who violates this section shall be subject to a civil penalty of twenty-five dollars to be paid into the state treasury and credited to the Literary Fund. No assignment of demerit points shall be made under Article 19 of Chapter 3 (§ 46.2-489 et seq.) of this title and no court costs shall be assessed for violations of this section.
D. A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action.
E. A violation of this section may be charged on the uniform traffic summons form.
F. No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
G. The governing body of the City of Lynchburg may adopt an ordinance not inconsistent with the provisions of this section, requiring the use of safety belt systems. The penalty for violating any such ordinance shall not exceed a fine or civil penalty of twenty-five dollars.
(1987, c. 538, § 46.1-309.2; 1988, cc. 326, 344; 1989, c. 727; 1993, c. 591; 1997, c. 793; 2007, c. 813; 2010, c. 661.)
--------------------------------------------------------------------------------
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Google It's a powerful tool. Now tell us why he really stopped you.
A. Any driver, and any other person at least 18 years of age and occupying the front seat, of a motor vehicle equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices, shall wear the appropriate safety belt system at all times while the motor vehicle is in motion on any public highway. A passenger under the age of 18 years, however, shall be protected as required by the provisions of Article 13 (§ 46.2-1095 et seq.) of this chapter.
B. This section shall not apply to:
1. Any person for whom a licensed physician determines that the use of such safety belt system would be impractical by reason of such person's physical condition or other medical reason, provided the person so exempted carries on his person or in the vehicle a signed written statement of the physician identifying the exempted person and stating the grounds for the exemption; or
2. Any law-enforcement officer transporting persons in custody or traveling in circumstances which render the wearing of such safety belt system impractical; or
3. Any person while driving a motor vehicle and performing the duties of a rural mail carrier for the United States Postal Service; or
4. Any person driving a motor vehicle and performing the duties of a rural newspaper route carrier, newspaper bundle hauler or newspaper rack carrier; or
5. Drivers of and passengers in taxicabs; or
6. Personnel of commercial or municipal vehicles while actually engaged in the collection or delivery of goods or services, including but not limited to solid waste, where such collection or delivery requires the personnel to exit and enter the cab of the vehicle with such frequency and regularity so as to render the use of safety belt systems impractical and the safety benefits derived therefrom insignificant. Such personnel shall resume the use of safety belt systems when actual collection or delivery has ceased or when the vehicle is in transit to or from a point of final disposition or disposal, including but not limited to solid waste facilities, terminals, or other location where the vehicle may be principally garaged; or
7. Any person driving a motor vehicle and performing the duties of a utility meter reader; or
8. Law-enforcement agency personnel driving motor vehicles to enforce laws governing motor vehicle parking.
C. Any person who violates this section shall be subject to a civil penalty of twenty-five dollars to be paid into the state treasury and credited to the Literary Fund. No assignment of demerit points shall be made under Article 19 of Chapter 3 (§ 46.2-489 et seq.) of this title and no court costs shall be assessed for violations of this section.
D. A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action.
E. A violation of this section may be charged on the uniform traffic summons form.
F. No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
G. The governing body of the City of Lynchburg may adopt an ordinance not inconsistent with the provisions of this section, requiring the use of safety belt systems. The penalty for violating any such ordinance shall not exceed a fine or civil penalty of twenty-five dollars.
(1987, c. 538, § 46.1-309.2; 1988, cc. 326, 344; 1989, c. 727; 1993, c. 591; 1997, c. 793; 2007, c. 813; 2010, c. 661.)
--------------------------------------------------------------------------------
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Google It's a powerful tool. Now tell us why he really stopped you.
Re: Seat Belt laws in Virginia?
Posted by:
.....
()
Date: December 29, 2013 07:24AM
Greg10 Wrote:
-------------------------------------------------------
> What's are laws for seat belt usage in Fairfax
> County? I thought you can only get a seat belt
> violation if it was a secondary offense. Just
> recently I was pulled over for not wearing a seat
> belt. I got a $25 dollar ticket with it. The
> officer was standing outside of his car next to a
> stop sign and peeked in my car then pulled me
> over. Can I challenge the ticket in court because
> the officer clearly stopped me for the seat belt
> infraction and not for anything else?
Where have you been? They've only been advertising this on TV and radio for the past year.
-------------------------------------------------------
> What's are laws for seat belt usage in Fairfax
> County? I thought you can only get a seat belt
> violation if it was a secondary offense. Just
> recently I was pulled over for not wearing a seat
> belt. I got a $25 dollar ticket with it. The
> officer was standing outside of his car next to a
> stop sign and peeked in my car then pulled me
> over. Can I challenge the ticket in court because
> the officer clearly stopped me for the seat belt
> infraction and not for anything else?
Where have you been? They've only been advertising this on TV and radio for the past year.
Re: Seat Belt laws in Virginia?
Posted by:
Courthouse
()
Date: December 29, 2013 07:40AM
As per section 46.2-1094(F), a safety belt violation remains a secondary offense in Virginia, unless involving a minor.
I believe the last time the Virginia legislature looked into this was 2010, but the bill (SB219) was tabled.
That said, wear your seatbelt, gash-dern it.
I believe the last time the Virginia legislature looked into this was 2010, but the bill (SB219) was tabled.
That said, wear your seatbelt, gash-dern it.
Re: Seat Belt laws in Virginia?
Posted by:
fdafcpd
()
Date: December 29, 2013 09:17AM
Greg10 Wrote:
-------------------------------------------------------
> What's are laws for seat belt usage in Fairfax
> County? I thought you can only get a seat belt
> violation if it was a secondary offense. Just
> recently I was pulled over for not wearing a seat
> belt. I got a $25 dollar ticket with it. The
> officer was standing outside of his car next to a
> stop sign and peeked in my car then pulled me
> over. Can I challenge the ticket in court because
> the officer clearly stopped me for the seat belt
> infraction and not for anything else?
Unless the officer could say he pulled you over for something else (ie hangtag/air freshener hanging from rear view), it should be thrown out.
-------------------------------------------------------
> What's are laws for seat belt usage in Fairfax
> County? I thought you can only get a seat belt
> violation if it was a secondary offense. Just
> recently I was pulled over for not wearing a seat
> belt. I got a $25 dollar ticket with it. The
> officer was standing outside of his car next to a
> stop sign and peeked in my car then pulled me
> over. Can I challenge the ticket in court because
> the officer clearly stopped me for the seat belt
> infraction and not for anything else?
Unless the officer could say he pulled you over for something else (ie hangtag/air freshener hanging from rear view), it should be thrown out.
Re: Seat Belt laws in Virginia?
Posted by:
Greg10
()
Date: December 29, 2013 01:20PM
XXX Wrote:
-------------------------------------------------------
> Google It's a powerful tool. Now tell us why he
> really stopped you.
He stoppped me for the seat belt violation. He was standing outside of his career and peeked in my car as I going by him.
Should I take this court? What is the court fee if I lose this?
-------------------------------------------------------
> Google It's a powerful tool. Now tell us why he
> really stopped you.
He stoppped me for the seat belt violation. He was standing outside of his career and peeked in my car as I going by him.
Should I take this court? What is the court fee if I lose this?
Re: Seat Belt laws in Virginia?
Posted by:
snowdenscold
()
Date: December 29, 2013 01:30PM
As a taxpayer who will probably end up subsidizing the cost of your breathing tube and long-term hospital care from your eventual horrific accident (since your insurance, if you have any, probably won't cover all of it), I encourage you to just pay your ticket and wear your seatbelt.
Re: Seat Belt laws in Virginia?
Posted by:
XXX
()
Date: December 29, 2013 01:57PM
Re: Seat Belt laws in Virginia? Posted by: Greg10 ()
Date: December 29, 2013 01:20PM
XXX Wrote:
-------------------------------------------------------
> Google It's a powerful tool. Now tell us why he
> really stopped you.
He stoppped me for the seat belt violation. He was standing outside of his career and peeked in my car as I going by him.
Should I take this court? What is the court fee if I lose this?
-------------------------------------------------------------------------------------
So your saying you only recieved a ticket for the seat belt violation? Did you have expired tags, inspection sticker, cracked windshield, speeding Etc.. or did he give you a warning on any other violation or discuss any other violation with you?
Date: December 29, 2013 01:20PM
XXX Wrote:
-------------------------------------------------------
> Google It's a powerful tool. Now tell us why he
> really stopped you.
He stoppped me for the seat belt violation. He was standing outside of his career and peeked in my car as I going by him.
Should I take this court? What is the court fee if I lose this?
-------------------------------------------------------------------------------------
So your saying you only recieved a ticket for the seat belt violation? Did you have expired tags, inspection sticker, cracked windshield, speeding Etc.. or did he give you a warning on any other violation or discuss any other violation with you?
Re: Seat Belt laws in Virginia?
Posted by:
Greg10
()
Date: December 30, 2013 07:25PM
XXX Wrote:
-------------------------------------------------------
>
>
> So your saying you only recieved a ticket for the
> seat belt violation? Did you have expired tags,
> inspection sticker, cracked windshield, speeding
> Etc.. or did he give you a warning on any other
> violation or discuss any other violation with you?
--------------------------------------------------
Yes. He never mentioned anything other than the seat belt. I only got a ticket for the seat belt.
-------------------------------------------------------
>
>
> So your saying you only recieved a ticket for the
> seat belt violation? Did you have expired tags,
> inspection sticker, cracked windshield, speeding
> Etc.. or did he give you a warning on any other
> violation or discuss any other violation with you?
--------------------------------------------------
Yes. He never mentioned anything other than the seat belt. I only got a ticket for the seat belt.
Re: Seat Belt laws in Virginia?
Posted by:
Eight figga nigga
()
Date: December 31, 2013 11:56PM
Stop whining like little bitch and just wear your seatbelt. Not too dificult.
Re: Seat Belt laws in Virginia?
Posted by:
Bill.N.
()
Date: January 01, 2014 07:27AM
I wonder how many of those "shut up and pay the ticket" posters here are bitching on other threads about Nannystate, Obamacare or limitations on gun ownership.
Re: Seat Belt laws in Virginia?
Posted by:
Old Enough To Decide for Myself
()
Date: January 01, 2014 01:46PM
snowdenscold Wrote:
-------------------------------------------------------
> As a taxpayer who will probably end up subsidizing
> the cost of your breathing tube and long-term
> hospital care from your eventual horrific accident
> (since your insurance, if you have any, probably
> won't cover all of it), I encourage you to just
> pay your ticket and wear your seatbelt.
But ObamaCare will pay for it, right?
I object to the nanny state. While seat belts are a good idea, the state has no right to force me to wear one. Not smoking is a good idea also, yet because the state makes money from tobacco taxes, they don't mind people killing themselves with it. Same with alcohol, eating red meat, or unhealthy foods.
My new car has an annoying chime if I don't click it. I got cool little tabs to stick into the buckle to shut it up.
-------------------------------------------------------
> As a taxpayer who will probably end up subsidizing
> the cost of your breathing tube and long-term
> hospital care from your eventual horrific accident
> (since your insurance, if you have any, probably
> won't cover all of it), I encourage you to just
> pay your ticket and wear your seatbelt.
But ObamaCare will pay for it, right?
I object to the nanny state. While seat belts are a good idea, the state has no right to force me to wear one. Not smoking is a good idea also, yet because the state makes money from tobacco taxes, they don't mind people killing themselves with it. Same with alcohol, eating red meat, or unhealthy foods.
My new car has an annoying chime if I don't click it. I got cool little tabs to stick into the buckle to shut it up.
Re: Seat Belt laws in Virginia?
Posted by:
snowdenscold
()
Date: January 01, 2014 03:53PM
Old Enough To Decide for Myself Wrote:
-------------------------------------------------------
> While seat belts are
> a good idea, the state has no right to force me to
> wear one.
Yes it does. You may argue over whether or not the state should act upon this right, but it definitely has it. (assuming you are on its public roads and not puttering around your property)
-------------------------------------------------------
> While seat belts are
> a good idea, the state has no right to force me to
> wear one.
Yes it does. You may argue over whether or not the state should act upon this right, but it definitely has it. (assuming you are on its public roads and not puttering around your property)
Re: Seat Belt laws in Virginia?
Posted by:
Old Enough To Decide for Myself
()
Date: January 01, 2014 06:59PM
No, the state has no "right" to protect me from myself or from engaging in activities (or not engaging) which affect me and only me. If I'm in an accident without a belt, it will only be my well being which is affected. I present no danger to others by not wearing a seat belt.
Why are tobacco, alcohol, high-fat foods, sugar-sweetened drinks, etc. all not banned? Each presents a danger to individuals which harms only that individual and not others in a similar manner. (Alcohol combined with driving is a separate conversation.)
The public nature of the roads have no bearing on this.
Why are tobacco, alcohol, high-fat foods, sugar-sweetened drinks, etc. all not banned? Each presents a danger to individuals which harms only that individual and not others in a similar manner. (Alcohol combined with driving is a separate conversation.)
The public nature of the roads have no bearing on this.
Re: Seat Belt laws in Virginia?
Posted by:
Libertarian View
()
Date: January 01, 2014 09:23PM
Never underestimate the willingness of busybody libs to legislate every aspect of your life. If they could regulate the amount of soda you drink, they will. Being a believer in freedom of choice and personal responsibility, I approve of (other) people choosing not to wear seatbelts. Forgoing seatbelts also helps cleanse the gene pool of true idiots who choose not to use them. Yes, it's less convenient for first-responders, but it saves taxpayers the cost of treatment for accident survivors.
Re: Seat Belt laws in Virginia?
Posted by:
stewpidfuc
()
Date: January 01, 2014 09:29PM
You will spend more than $25 of your fucking life just bitching about it in this blog. You will spend even more of your life if you go to fight it, which will be hilarious if you end up having to pay it anyway.
And it probably costs more than $25 to prosecute your dumb ass.
just. pay. the. fucking. ticket. and. shut. the. fuck. up.
And it probably costs more than $25 to prosecute your dumb ass.
just. pay. the. fucking. ticket. and. shut. the. fuck. up.
Re: Seat Belt laws in Virginia?
Posted by:
snowdenscold
()
Date: January 01, 2014 11:06PM
Old Enough To Decide for Myself Wrote:
-------------------------------------------------------
> No, the state has no "right" to protect me from
> myself or from engaging in activities (or not
> engaging) which affect me and only me. If I'm in
> an accident without a belt, it will only be my
> well being which is affected. I present no danger
> to others by not wearing a seat belt.
>
> Why are tobacco, alcohol, high-fat foods,
> sugar-sweetened drinks, etc. all not banned? Each
> presents a danger to individuals which harms only
> that individual and not others in a similar
> manner. (Alcohol combined with driving is a
> separate conversation.)
>
Just because the government chooses not to ban certain things, doesn't mean they don't have the right to. We have banned alcohol in the past (which I agree was a bad idea, FWIW). Certain jurisdictions have banned trans-fat foods. The FDA restricts all sorts of food and drug.
Again, you can make valid arguments about why it's in the best interest of maximizing personal liberty that governments stay out of various restrictive decrees, but your insistence that governments have no right whatsoever to do X and Y doesn't really hold up.
-------------------------------------------------------
> No, the state has no "right" to protect me from
> myself or from engaging in activities (or not
> engaging) which affect me and only me. If I'm in
> an accident without a belt, it will only be my
> well being which is affected. I present no danger
> to others by not wearing a seat belt.
>
> Why are tobacco, alcohol, high-fat foods,
> sugar-sweetened drinks, etc. all not banned? Each
> presents a danger to individuals which harms only
> that individual and not others in a similar
> manner. (Alcohol combined with driving is a
> separate conversation.)
>
Just because the government chooses not to ban certain things, doesn't mean they don't have the right to. We have banned alcohol in the past (which I agree was a bad idea, FWIW). Certain jurisdictions have banned trans-fat foods. The FDA restricts all sorts of food and drug.
Again, you can make valid arguments about why it's in the best interest of maximizing personal liberty that governments stay out of various restrictive decrees, but your insistence that governments have no right whatsoever to do X and Y doesn't really hold up.
Re: Seat Belt laws in Virginia?
Posted by:
Ralph II
()
Date: September 19, 2014 05:58PM
It is idiots like you that allow the system to get away with breaking the same laws that are created and enforced by the other morons. Do us a favor. Give the government all your monies and hang yourself. Idiot
Re: Seat Belt laws in Virginia?
Posted by:
Legislation Logic
()
Date: September 19, 2014 11:16PM
B. This section shall not apply to:
9. Anyone riding a motorcycle.
-------------------
Really smart there government sycophants. The fact that motorcycles are allowed on the highway makes this law logically contradictory.
If you support this law and don't have brain damage, there is something wrong with you.
9. Anyone riding a motorcycle.
-------------------
Really smart there government sycophants. The fact that motorcycles are allowed on the highway makes this law logically contradictory.
If you support this law and don't have brain damage, there is something wrong with you.
Re: Seat Belt laws in Virginia?
Posted by:
tootrue
()
Date: September 20, 2014 12:08AM
Legislation Logic Wrote:
-------------------------------------------------------
> B. This section shall not apply to:
>
> 9. Anyone riding a motorcycle.
>
> -------------------
>
> Really smart there government sycophants. The
> fact that motorcycles are allowed on the highway
> makes this law logically contradictory.
Too true. And if you own, say, a death trap 1961 Ford Falcon with crappy drum brakes, no air bags, and poor crash protection, and it wasn't originally equipped with a seat belt option, the seat belt law also does not apply to you. So you would need to be belted in when driving down the same road in a modern car.
-------------------------------------------------------
> B. This section shall not apply to:
>
> 9. Anyone riding a motorcycle.
>
> -------------------
>
> Really smart there government sycophants. The
> fact that motorcycles are allowed on the highway
> makes this law logically contradictory.
Too true. And if you own, say, a death trap 1961 Ford Falcon with crappy drum brakes, no air bags, and poor crash protection, and it wasn't originally equipped with a seat belt option, the seat belt law also does not apply to you. So you would need to be belted in when driving down the same road in a modern car.