ARTICLE 14 - SAFETY BELT USAGE

 

31-5-1401.� Definitions.

 

 

(a)� As used in this act:

 

(i)� "Emergency vehicle" means as defined in W.S. 31-5-1302(a)(iii);

 

(ii)� "Passenger vehicle" means a vehicle which is self-propelled and designed to carry eleven (11) persons or less and primarily used to transport persons, including pickup trucks but excluding emergency vehicles, motorcycles and buses;

 

(iii)� "Police officer" means as defined in W.S. 31-5-102(a)(xxxiii);

 

(iv)� "Safety belt" means a passenger restraint which was installed when the vehicle was manufactured;

 

(v)� "Vehicle" means as defined in W.S. 31-5-102(a)(lviii);

 

(vi)� "This act" means W.S. 31-5-1401 and 31-5-1402.

 

31-5-1402.� Safety belts required to be used; exceptions; reduction in fine.

 

(a)� Each driver and passenger of a motor vehicle operated in this state shall wear, and each driver of a motor vehicle shall require that a passenger under twelve (12) years of age shall wear, a properly adjusted and fastened safety belt when the motor vehicle is in motion on public streets and highways.

 

(b)� Subsection (a) of this section does not apply to:

 

(i)� Any person who has a written statement from a physician that it is not advisable for the person to wear a safety belt for physical or medical reasons;

 

(ii)� Any passenger vehicle which is not required to be equipped with safety belts under federal law;

 

(iii)� A carrier of the United States postal service performing duties as a postal carrier;

 

(iv)� Any person properly secured in a child safety restraint system in accordance with W.S. 31-5-1301 through 31-5-1305; or

 

(v)� Any person occupying a seat in a vehicle in which all operable safety restraints are being used by the driver or passengers and any person occupying a seat in a vehicle originally manufactured without a safety belt.

 

(c)� No violation of this section shall:

 

(i)� Be counted as a moving violation for the purpose of suspending a driver's license under W.S. 31-7-129;

 

(ii)� Be grounds for increasing insurance premiums or made a part of the abstracts kept by the department pursuant to W.S. 31-5-1214.

 

(d)� No motor vehicle shall be halted solely for a violation of this section.

 

(e)� All citations for violations of the motor vehicle laws of this state and for violations of traffic ordinances or traffic regulations of a local authority shall contain a notation by the issuing officer indicating whether the driver and passengers complied with this section.� Compliance with this section shall entitle a licensee to a ten dollar ($10.00) reduction in the fine otherwise imposed by any court having jurisdiction over the alleged offense. The driver who violates this section may be issued a citation and may be subject to a fine of not more than twenty-five dollars ($25.00). Any passenger who violates this section may be issued a citation and may be subject to a fine of not more than ten dollars ($10.00).

 

(f)� Evidence of a person's failure to wear a safety belt as required by this act shall not be admissible in any civil action.