CALIFORNIA CODES

VEHICLE CODE

SECTION 27302-27317

 

 

 

 

27302.  No person shall sell or offer for sale any seatbelt or

attachments thereto for use in a vehicle unless it complies with

requirements established by the department.

 

 

 

27304.  All vehicles owned and utilized in driver training by a

driver training school licensed under the provisions of Chapter 1

(commencing with Section 11100) of Division 5 or in a course in

automobile driver training in any secondary school maintained under

the Education Code shall be equipped with a seatbelt for the driver

and each passenger. Such seatbelt shall comply with requirements

established by the department.

   It shall be unlawful for any driver or passenger to operate or

ride in such a vehicle while it is being operated for the purposes of

driver training, unless such person is utilizing an installed

seatbelt in the proper manner.

 

 

 

27305.  All publicly owned firefighting vehicles designed for and

used in responding to emergency fire calls and in combating fires

shall be equipped with seatbelts for each seat utilized by personnel

when such vehicles are being operated. Such seatbelts shall comply

with requirements established by the department.

 

 

 

27314.  (a) No dealer shall sell or offer for sale any used

passenger vehicle that was manufactured on or after January 1, 1962,

other than a motorcycle, unless it is equipped with at least two

seatbelts which are installed for the use of persons in the front

seat of the vehicle.

   (b) No dealer shall sell or offer for sale any used passenger

vehicle manufactured on or after January 1, 1968, other than a

motorcycle, unless it is equipped with seatbelts for each seating

position.

   (c) Seatbelts required in subdivisions (a) and (b) shall comply

with regulations established by the department.

   (d) The requirements of this section shall not apply to sales to

dealers, automobile dismantlers, or junk dealers.

 

 

 

27314.5.  (a) (1) Subject to paragraph (3), no dealer shall sell or

offer for sale any used passenger vehicle of a model year of 1972 to

1990, inclusive, unless there is affixed to the window of the left

front door or, if there is no window, to another suitable location so

that it may be seen and read by a person standing outside the

vehicle at that location, a notice, printed in 14-point type, which

reads as follows:

 

   "WARNING: While use of all seat belts reduces the chance of

ejection, failure to install and use shoulder harnesses with lap

belts can result in serious or fatal injuries in some crashes.

Lap-only belts increase the chance of head and neck injury by

allowing the upper torso to move unrestrained in a crash and increase

the chance of spinal column and abdominal injuries by concentrating

excessive force on the lower torso. Because children carry a

disproportionate amount of body weight above the waist, they are more

likely to sustain those injuries. Shoulder harnesses may be

available that can be retrofitted in this vehicle. For more

information call the Auto Safety Hotline at 1-800-424-9393."

 

   (2) The notice shall remain affixed to the vehicle pursuant to

paragraph (1) at all times that the vehicle is for sale.

   (3) The notice is not required to be affixed to any vehicle

equipped with both a lap belt and a shoulder harness for the driver

and one passenger in the front seat of the vehicle and for at least

two passengers in the rear seat of the vehicle.

   (b) (1) In addition to the requirements of subdivision (a), and

subject to paragraph (3) and subdivision (c), the dealer shall affix,

to one rear seat lap belt buckle of every used passenger vehicle of

a model year of 1972 to 1990, inclusive, that has a rear seat, a

notice, printed in 10-point type, that reads as follows:

 

   "WARNING: While use of all seat belts reduces the chance of

ejection, failure to install and use shoulder harnesses with lap

belts can result in serious or fatal injuries in some crashes.

Shoulder harnesses may be available that can be retrofitted in this

vehicle. For more information, call the Auto Safety Hotline at

1-800-424-9393."

 

   (2) The notice shall remain affixed to the vehicle pursuant to

paragraph (1) at all times that the vehicle is for sale.

   (3) The message is not required to be affixed to any vehicle

either equipped with both a lap belt and a shoulder harness for at

least two passengers in the rear seat or having no rear seat lap

belts.

   (c) A dealer is not in violation of subdivision (b) unless a

private nonprofit entity has furnished a supply of the appropriate

notices suitable for affixing as required free of charge or, having

requested a resupply of notices, has not received the resupply.

   (d) The department shall furnish, to a nonprofit private entity

for purposes of this section, for a fee not to exceed its costs in so

furnishing, at least once every six months, a list of all licensed

dealers who sell used passenger vehicles.

 

 

 

27315.  (a) The Legislature finds that a mandatory seatbelt law will

contribute to reducing highway deaths and injuries by encouraging

greater usage of existing manual seatbelts, that automatic crash

protection systems that require no action by vehicle occupants offer

the best hope of reducing deaths and injuries, and that encouraging

the use of manual safety belts is only a partial remedy for

addressing this major cause of death and injury. The Legislature

declares that the enactment of this section is intended to be

compatible with support for federal motor vehicle safety standards

requiring automatic crash protection systems and should not be used

in any manner to rescind federal requirements for installation of

automatic restraints in new cars.

   (b) This section shall be known and may be cited as the Motor

Vehicle Safety Act.

   (c) (1) As used in this section, "motor vehicle" means a passenger

vehicle, a motortruck, or a truck tractor, but does not include a

motorcycle.

   (2) For purposes of this section, a "motor vehicle" also means a

farm labor vehicle, regardless of the date of certification under

Section 31401.

   (d) (1) A person shall not operate a motor vehicle on a highway

unless that person and all passengers 16 years of age or over are

properly restrained by a safety belt. This paragraph does not apply

to the operator of a taxicab, as defined in Section 27908, when the

taxicab is driven on a city street and is engaged in the

transportation of a fare-paying passenger. The safety belt

requirement established by this paragraph is the minimum safety

standard applicable to employees being transported in a motor

vehicle. This paragraph does not preempt more stringent or

restrictive standards imposed by the Labor Code or another state or

federal regulation regarding the transportation of employees in a

motor vehicle.

   (2) For purposes of this section the phrase, "properly restrained

by a safety belt" means that the lower (lap) portion of the belt

crosses the hips or upper thighs of the occupant and the upper

(shoulder) portion of the belt, if present, crosses the chest in

front of the occupant.

   (3) The operator of a limousine for hire or the operator of an

authorized emergency vehicle, as defined in subdivision (a) of

Section 165, shall not operate the limousine for hire or authorized

emergency vehicle unless the operator and any passengers eight years

of age or over in the front seat, are properly restrained by a safety

belt.

   (4) The operator of a taxicab shall not operate the taxicab unless

any passengers eight years of age or over in the front seat, are

properly restrained by a safety belt.

   (e) A person 16 years of age or over shall not be a passenger in a

motor vehicle on a highway unless that person is properly restrained

by a safety belt. This subdivision does not apply to a passenger in

a sleeper berth, as defined in subdivision (x) of Section 1201 of

Title 13 of the California Code of Regulations.

   (f) An owner of a motor vehicle, including an owner or operator of

a taxicab, as defined in Section 27908, or a limousine for hire,

operated on a highway shall maintain safety belts in good working

order for the use of the occupants of the vehicle. The safety belts

shall conform to motor vehicle safety standards established by the

United States Department of Transportation. This subdivision,

however, does not require installation or maintenance of safety belts

if it is not required by the laws of the United States applicable to

the vehicle at the time of its initial sale.

   (g) This section does not apply to a passenger or operator with a

physically disabling condition or medical condition that would

prevent appropriate restraint in a safety belt, if the condition is

duly certified by a licensed physician and surgeon or by a licensed

chiropractor who shall state the nature of the condition, as well as

the reason the restraint is inappropriate. This section also does not

apply to a public employee, if the public employee is in an

authorized emergency vehicle as defined in paragraph (1) of

subdivision (b) of Section 165, or to a passenger in a seat behind

the front seat of an authorized emergency vehicle as defined in

paragraph (1) of subdivision (b) of Section 165 operated by the

public employee, unless required by the agency employing the public

employee.

   (h) Notwithstanding subdivision (a) of Section 42001, a violation

of subdivision (d), (e), or (f) is an infraction punishable by a fine

of not more than twenty dollars ($20) for a first offense, and a

fine of not more than fifty dollars ($50) for each subsequent

offense. In lieu of the fine and any penalty assessment or court

costs, the court, pursuant to Section 42005, may order that a person

convicted of a first offense attend a school for traffic violators or

another court-approved program in which the proper use of safety

belts is demonstrated.

   (i) In a civil action, a violation of subdivision (d), (e), or

(f), or information of a violation of subdivision (h), does not

establish negligence as a matter of law or negligence per se for

comparative fault purposes, but negligence may be proven as a fact

without regard to the violation.

   (j) If the United States Secretary of Transportation fails to

adopt safety standards for manual safety belt systems by September 1,

1989, a motor vehicle manufactured after that date for sale or sold

in this state shall not be registered unless it contains a manual

safety belt system that meets the performance standards applicable to

automatic crash protection devices adopted by the United States

Secretary of Transportation pursuant to Federal Motor Vehicle Safety

Standard No. 208 (49 C.F.R. 571.208) as in effect on January 1, 1985.

   (k) A motor vehicle offered for original sale in this state that

has been manufactured on or after September 1, 1989, shall comply

with the automatic restraint requirements of Section S4.1.2.1 of

Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), as

published in Volume 49 of the Federal Register, No. 138, page 29009.

An automobile manufacturer that sells or delivers a motor vehicle

subject to this subdivision, and fails to comply with this

subdivision, shall be punished by a fine of not more than five

hundred dollars ($500) for each sale or delivery of a noncomplying

motor vehicle.

   (l) Compliance with subdivision (j) or (k) by a manufacturer shall

be made by self-certification in the same manner as

self-certification is accomplished under federal law.

   (m) This section does not apply to a person actually engaged in

delivery of newspapers to customers along the person's route if the

person is properly restrained by a safety belt prior to commencing

and subsequent to completing delivery on the route.

   (n) This section does not apply to a person actually engaged in

collection and delivery activities as a rural delivery carrier for

the United States Postal Service if the person is properly restrained

by a safety belt prior to stopping at the first box and subsequent

to stopping at the last box on the route.

   (o) This section does not apply to a driver actually engaged in

the collection of solid waste or recyclable materials along that

driver's collection route if the driver is properly restrained by a

safety belt prior to commencing and subsequent to completing the

collection route.

   (p) Subdivisions (d), (e), (f), (g), and (h) shall become

inoperative immediately upon the date that the United States

Secretary of Transportation, or his or her delegate, determines to

rescind the portion of the Federal Motor Vehicle Safety Standard No.

208 (49 C.F.R. 571.208) that requires the installation of automatic

restraints in new motor vehicles, except that those subdivisions

shall not become inoperative if the secretary's decision to rescind

that Standard No. 208 is not based, in any respect, on the enactment

or continued operation of those subdivisions.

 

 

 

27315.1.  Section 27315 applies to any person in a fully enclosed

three-wheeled motor vehicle that is not less than seven feet in

length and not less than four feet in width, and has an unladen

weight of 900 pounds or more.

 

 

27315.3.  (a) As used in this section, "passenger motor vehicle"

means a passenger vehicle as defined in Section 465 and a motortruck

as defined in Section 410 of less than 6,001 pounds unladen weight,

but does not include a motorcycle as defined in Section 400.

   (b) Every sheriff's department and city police department and the

Department of the California Highway Patrol shall maintain safety

belts in good working order for the use of occupants of a vehicle

that it operates on a highway for the purpose of patrol. The safety

belts shall conform to motor vehicle safety standards established by

the United States Department of Transportation. This subdivision does

not, however, require installation or maintenance of safety belts

where not required by the laws of the United States applicable to the

vehicle at the time of its initial sale.

   (c) Notwithstanding subdivision (a) of Section 42001, a violation

of subdivision (b) is an infraction punishable by a fine, including

all penalty assessments and court costs imposed on the convicted

department, of not more than twenty dollars ($20) for a first

offense, and a fine, including all penalty assessments and court

costs imposed on the convicted department, of not more than fifty

dollars ($50) for each subsequent offense.

   (d) (1) For a violation of subdivision (b), in addition to the

fines provided for pursuant to subdivision (c) and the penalty

assessments provided for pursuant to Section 1464 of the Penal Code,

an additional penalty assessment of two dollars ($2) shall be levied

for a first offense, and an additional penalty assessment of five

dollars ($5) shall be levied for any subsequent offense.

   (2) All money collected pursuant to this subdivision shall be

utilized in accordance with Section 1464 of the Penal Code.

   (e) In a civil action, a violation of subdivision (b) or

information of a violation of subdivision (c) shall not establish

negligence as a matter of law or negligence per se for comparative

fault purposes, but negligence may be proven as a fact without regard

to the violation.

   (f) Subdivisions (b) and (c) shall become inoperative immediately

upon the date that the Secretary of the United States Department of

Transportation, or his or her delegate, determines to rescind the

portion of the Federal Motor Vehicle Safety Standard No. 208 (49

C.F.R. 571.208) that requires the installation of automatic

restraints in new passenger motor vehicles, except that those

subdivisions shall not become inoperative if the secretary's decision

to rescind Standard No. 208 is not based, in any respect, on the

enactment or continued operation of those subdivisions or

subdivisions (d) to (h), inclusive, of Section 27315.

 

 

 

27315.5.  All law enforcement agencies shall, not later than January

1, 1991, establish a policy and issue an order, in writing, which

states whether or not their officers are required to wear seat belts.

When a law enforcement agency is developing a safety belt policy,

the agency shall consider the officer's safety, comfort, and

convenience.

 

 

 

27316.  (a) Unless specifically prohibited by the National Highway

Transportation Safety Administration, all schoolbuses purchased or

leased for use in California shall be equipped at all designated

seating positions with a combination pelvic and upper torso passenger

restraint system, if the schoolbus is either of the following:

   (1) Type 1, as defined in paragraph (1) of subdivision (b) of

Section 1201 of Title 13 of the California Code of Regulations, and

is manufactured on or after July 1, 2005.

   (2) Type 2, as defined in paragraph (2) of subdivision (b) of

Section 1201 of Title 13 of the California Code of Regulations, and

is manufactured on or after July 1, 2004.

   (b) For purposes of this section, a "passenger restraint system"

means any of the following:

   (1) A restraint system that is in compliance with Federal Motor

Vehicle Safety Standard 209, for a type 2 seatbelt assembly, and with

Federal Motor Vehicle Safety Standard 210, as those standards were

in effect on the date the schoolbus was manufactured.

   (2) A restraint system certified by the schoolbus manufacturer

that is in compliance with Federal Motor Vehicle Safety Standard 222

and incorporates a type 2 lap/shoulder restraint system.

   (c) No person, school district, or organization, with respect to a

schoolbus equipped with passenger restraint systems pursuant to this

section, may be charged for a violation of this code or any

regulation adopted thereunder requiring a passenger to use a

passenger restraint system, if a passenger on the schoolbus fails to

use or improperly uses the passenger restraint system.

   (d) It is the intent of the Legislature, in implementing this

section, that school pupil transportation providers work to

prioritize the allocation of schoolbuses purchased, leased, or

contracted for on or after July 1, 2004, for type 2 schoolbuses, or

on or after July 1, 2005, for type 1 schoolbuses, to ensure that

elementary level schoolbus passengers receive first priority for new

schoolbuses whenever feasible.

 

 

 

27316.5.  (a) Unless specifically prohibited by the National Highway

Transportation Safety Administration, all type 2 school pupil

activity buses, manufactured on or after July 1, 2004, purchased or

leased for use in California shall be equipped at all designated

seating positions with a combination pelvic and upper torso passenger

restraint system.

   (b) For purposes of this section, a "passenger restraint system"

is either of the following:

   (1) A restraint system that is in compliance with Federal Motor

Vehicle Safety Standard 209, for a type 2 seatbelt assembly, and with

Federal Motor Vehicle Safety Standard 210, as those standards were

in effect on the date that the school pupil activity bus was

manufactured.

   (2) A restraint system certified by the school pupil activity bus

manufacturer that is in compliance with Federal Motor Vehicle Safety

Standard 222 and incorporates a type 2 lap-shoulder restraint system.

   (c) No person, school district, or organization, with respect to a

type 2 school pupil activity bus equipped with passenger restraint

systems pursuant to this section, may be charged for a violation of

this code or any regulation adopted thereunder requiring a passenger

to use a passenger restraint system, if a passenger on the school

pupil activity bus fails to use or improperly uses the passenger

restraint system.

 

 

27317.  A person who installs, reinstalls, rewires, tampers with,

alters, or modifies for compensation, a vehicle's computer system or

supplemental restraint system, including, but not limited to, the

supplemental restraint system's on-board system performance

indicators, so that it falsely indicates the supplemental restraint

system is in proper working order, or who knowingly distributes or

sells a previously deployed air bag or previously deployed air bag

component that will no longer meet the original equipment

manufacturing form or function for proper operation, is guilty of a

misdemeanor punishable by a fine of up to five thousand dollars

($5,000) or by imprisonment in a county jail for up to one year, or

by both the fine and imprisonment.