§ 20-135.2A. (See Editor's note) Seat belt use mandatory.
§ 20‑135.2A. (SeeEditor's note) Seat belt use mandatory.
(a) Except as otherwiseprovided in G.S. 20‑137.1, each occupant of a motor vehicle manufacturedwith seat belts shall have a seatbelt properly fastened about his or her bodyat all times when the vehicle is in forward motion on a street or highway inthis State.
(b) Repealed by SessionLaws 2006‑140, s. 1, effective December 1, 2006.
(c) This section shallnot apply to any of the following:
(1) A driver or occupantof a noncommercial motor vehicle with a medical or physical condition thatprevents appropriate restraint by a safety belt or with a professionallycertified mental phobia against the wearing of vehicle restraints.
(2) A motor vehicleoperated by a rural letter carrier of the United States Postal Service whileperforming duties as a rural letter carrier and a motor vehicle operated by anewspaper delivery person while actually engaged in delivery of newspapersalong the person's specified route.
(3) A driver orpassenger frequently stopping and leaving the vehicle or delivering propertyfrom the vehicle if the speed of the vehicle between stops does not exceed 20miles per hour.
(4) Any vehicleregistered and licensed as a property‑carrying vehicle in accordance withG.S. 20‑88, while being used for agricultural purposes in intrastatecommerce.
(5) A motor vehicle notrequired to be equipped with seat safety belts under federal law.
(6) Any occupant of amotor home, as defined in G.S. 20‑4.01(27)d2, other than the driver andfront seat passengers.
(7) Any occupant, whilein the custody of a law enforcement officer, being transported in the backseatof a law enforcement vehicle.
(8) A passenger of aresidential garbage or recycling truck while the truck is operating duringcollection rounds.
(d) Evidence of failureto wear a seat belt shall not be admissible in any criminal or civil trial,action, or proceeding except in an action based on a violation of this sectionor as justification for the stop of a vehicle or detention of a vehicle operatorand passengers.
(d1) Failure of a rearseat occupant of a vehicle to wear a seat belt shall not be justification forthe stop of a vehicle.
(e) Any driver or frontseat passenger who fails to wear a seat belt as required by this section shallhave committed an infraction and shall pay a penalty of twenty‑fivedollars and fifty cents ($25.50) plus the following court costs: the GeneralCourt of Justice fee provided for in G.S. 7A‑304(a)(4), the telephonefacilities fee provided for in G.S. 7A‑304(a)(2a), and the lawenforcement training and certification fee provided for in G.S. 7A‑304(a)(3b).Any rear seat occupant of a vehicle who fails to wear a seat belt as requiredby this section shall have committed an infraction and shall pay a penalty often dollars ($10.00) and no court costs. Court costs assessed under thissection are for the support of the General Court of Justice and shall beremitted to the State Treasurer. Conviction of an infraction under this sectionhas no other consequence.
(f) No drivers licensepoints or insurance surcharge shall be assessed on account of violation of thissection.
(g) The Commissioner ofMotor Vehicles and the Department of Public Instruction shall incorporate indriver education programs and driver licensing programs instructions designedto encourage compliance with this section as an important means of reducing theseverity of injury to the users of restraint devices and on the requirementsand penalties specified in this law.
(h) Repealed by SessionLaws 1999‑183, s. 3, effective October 1, 1999. (1985, c. 222, s. 1; 1987,c. 623; 1991, c. 448, s. 1; 1994, Ex. Sess., c. 5, s. 1; 1997‑16, s. 2;1997‑443, s. 32.20; 1999‑183, ss. 1‑3; 2002‑126, s.29A.3(a); 2005‑276, s. 43.1(g); 2006‑66, s. 21.11; 2006‑140,s. 1; 2006‑221, s. 21(a); 2007‑289, s. 1; 2007‑404, s. 2;2009‑376, s. 12; 2009‑451, s. 15.20(j).)