California

Can police pull you over in California for not wearing a seat belt? See state safety rules

Seat belts are mandated under California vehicle code.
Seat belts are mandated under California vehicle code. Getty Images

You’ve probably seen reminders about wearing your seat belt on television commercials and roadside billboards.

The state of California made it mandatory for drivers and passengers to wear seat belts in 1986, according to the California Driver’s Handbook

Can police pull you over for not wearing a seat belt? What are the penalties for not buckling up?

Here’s what to know about California’s safety restraint rules:

Who has to wear a seat belt under California law?

All drivers and passengers are required to use seat belts, according to California Vehicle Code 27315.

“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,” the code states.

The state defines a “highway” as any publicly maintained street.

Depending on their height and weight, children under 8 years old must be restrained in a car seat or a booster seat, California-based law office Easton & Easton said on its website.

Kids ages 8 to 16 are “typically required” to wear seat belts, the law firm said.

Wondering where your kids can sit?

Under California vehicle code, a parent, legal guardian or driver transporting a child under 8 years old must properly secure the child in the rear seat.

Once kids reach 8 years old, they can legally move up to the front passenger seat.

What if you are in a parked car or at a stop sign?

Under the state vehicle code, drivers and passengers are required to wear seatbelts at all times while the vehicle is in operation.

That’s includes when your car is parked or stopped at a traffic signal or stop sign, according to Newport Beach law firm Roberts Jeandron.

Can police pull me over for not wearing a seat belt?

Yes, law enforcement officers in California can conduct a traffic stop if they observe the driver or passengers not wearing safety restraints, according to the Sargon Law Group.

“A police officer can pull you over and issue a ticket solely for not wearing a seat belt,” the law firm said on its website.

What about pets?

California has laws regarding the transportation of pets in certain vehicles.

Under California Vehicle Code 23117, any animal that is transported in the back of a vehicle “in a space intended for any load” on the highways must be either:

  • Cross-tethered to the vehicle
  • Protected by a secured container or cage to prevent the animal from falling, jumping or being thrown from the vehicle.

The law, according to Oakland law firm Nabiel C. Ahmed, does not apply to livestock or dogs being transported for ranch or farming purposes.

“The animal doesn’t have to be restrained if it’s in an enclosed space or a vehicle with side and tail racks at least 45 inches high,” the law firm said.

Can I get a ticket for not buckling up?

Violating California law by not wearing a seat belt can result in a fine of $162, according to the state Office of Traffic Safety.

Failing to properly restrain a child under 16 results in a fine of $490.

“If the parent is not in the car, the driver gets the ticket,” the California Office of Traffic Safety said on its website.

In addition to fines, a court may order people convicted of a first offense to attend traffic school or a program to learn how to properly use safety belts, according to California code.

Continued violation of the state seat belt law carries a $50 fine for each subsequent offense, though no criminal charges are filed for violating seat belt laws, Shouse Law Group says.

“This is because it is not a crime if you do not wear a seat belt,” the law firm says.

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