Virginia HB 1018: Failure to wear a seatbelt; primary offense.

Bill Text

2022SESSION
INTRODUCED
22100505D
1 HOUSEBILLNO.1018
2 OfferedJanuary12,2022
3 PrefiledJanuary12,2022
4 A BILL to amend and reenact § 46.2-1094 of the Code of Virginia, relating to failure to wear a
5 seatbelt; primary offense.
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Patron––Kory
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8 ReferredtoCommitteeonTransportation
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §46.2-1094 of the Code of Virginia is amended and reenacted as follows:
12 § 46.2-1094. Occupants of front seats of motor vehicles required to use safety lap belts and
13 shoulder harnesses; penalty.
14 A. Any driver, and any other person at least 18 years of age and occupying the front seat, of a motor
15 vehicle equipped or required by the provisions of this title to be equipped with a safety belt system,
16 consisting of lap belts, shoulder harnesses, combinations thereof or similar devices, shall wear the
17 appropriate safety belt system at all times while the motor vehicle is in motion on any public highway.
18 A passenger under the age of 18 years, however, shall be protected as required by the provisions of
19 Article 13 (§46.2-1095 et seq.) of this chapter.
20 B. This section shall not apply to:
21 1. Any person for whom a licensed physician determines that the use of such safety belt system
22 would be impractical by reason of such person's physical condition or other medical reason, provided the
23 person so exempted carries on his person or in the vehicle a signed written statement of the physician
24 identifying the exempted person and stating the grounds for the exemption; or
25 2. Any law-enforcement officer transporting persons in custody or traveling in circumstances which
26 render the wearing of such safety belt system impractical; or
27 3. Any person while driving a motor vehicle and performing the duties of a rural mail carrier for the
28 United States Postal Service; or
29 4. Any person driving a motor vehicle and performing the duties of a rural newspaper route carrier,
30 newspaper bundle hauler or newspaper rack carrier; or
31 5. Drivers of and passengers in taxicabs; or
32 6. Personnel of commercial or municipal vehicles while actually engaged in the collection or delivery
33 of goods or services, including but not limited to solid waste, where such collection or delivery requires
34 the personnel to exit and enter the cab of the vehicle with such frequency and regularity so as to render
35 the use of safety belt systems impractical and the safety benefits derived therefrom insignificant. Such
36 personnel shall resume the use of safety belt systems when actual collection or delivery has ceased or
37 when the vehicle is in transit to or from a point of final disposition or disposal, including but not
38 limited to solid waste facilities, terminals, or other location where the vehicle may be principally
39 garaged; or
40 7. Any person driving a motor vehicle and performing the duties of a utility meter reader; or
41 8. Law-enforcement agency personnel driving motor vehicles to enforce laws governing motor
42 vehicle parking.
43 C. Any person who violates this section shall be subject to a civil penalty of twenty-five dollars $25
44 to be paid into the state treasury and credited to the Literary Fund. No assignment of demerit points
45 shall be made under Article 19 of Chapter 3 (§ 46.2-489 et seq.) of this title and no court costs shall be
46 assessed for violations of this section.
47 D. A violation of this section shall not constitute negligence, be considered in mitigation of damages
48 of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for
49 the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor
50 shall anything in this section change any existing law, rule, or procedure pertaining to any such civil
51 action.
52 E. A violation of this section may be charged on the uniform traffic summons form.
53 F. No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence
54 discovered or obtained as the result of a stop in violation of this subsection, including evidence
55 discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other
56 proceeding.
57 G. The governing body of the City of Lynchburg may adopt an ordinance not inconsistent with the
58 provisions of this section, requiring the use of safety belt systems. The penalty for violating any such
INTRODUCED
HB1018
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HB1018 2of2
59 ordinance shall not exceed a fine or civil penalty of twenty-five $25 dollars.