The Stovebolt Site Forums The Shop Area General Truck Talk Solution to seat-belt laws in Georgia

Hi, Gang

Finally found after lingthly search that pre-1965 vehicles do not require seat belts in Georgia. As was stated by other responses, if you put them in, you must use them.

Paul Toth
Truck Tinker

I think the grandfather loophole is used in most states. I still think we should all use them, not because we have to but because we ought to.

that is how it is in kansas, if you install them and get pulled over you can get a ticket for not wearing one. you should install them, for no more than it cost its worth the extra saftey.

read an article years ago stated if you have any faith in your ability too recover your vehicle in event of an accident you're better off firmly belted behind the wheel as opposed to swinging back and forth hanging onto the wheel while you're being tossed around. made sense to me used a belt every since

Exactly! Driving one of these things with a bench seat covered with vinyl it doesn't take much force to get your butt sliding all over the place. A lap belt is an absolute minimum safety precaution.

GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.

*** Current through the 2007 Regular Session ***

TITLE 40. MOTOR VEHICLES AND TRAFFIC
CHAPTER 8. EQUIPMENT AND INSPECTION OF MOTOR VEHICLES
ARTICLE 1. EQUIPMENT GENERALLY
PART 4. HORNS, EXHAUST SYSTEMS, MIRRORS, WINDSHIELDS, TIRES, SAFETY BELTS, ENERGY ABSORPTION SYSTEMS

O.C.G.A. § 40-8-76.1 (2007)

§ 40-8-76.1. Use of safety belts in passenger vehicles


(a) As used in this Code section, the term "passenger vehicle" means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term "passenger vehicle" includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age.

(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.

(c) The requirement of subsection (b) of this Code section shall not apply to:

(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;

(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;

(3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;

(4) A driver operating a passenger vehicle in reverse;

(5) A passenger vehicle with a model year prior to 1965;

(6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law;

(7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier;

(8) A passenger vehicle from which a person is delivering newspapers; or

(9) A passenger vehicle performing an emergency service.

(d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle.
(e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57.

(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Driver Services.

(3) Each minor six years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger six years of age or older fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Driver Services.

(f) Probable cause for violation of this Code section shall be based solely upon a law enforcement officer's clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section.

HISTORY: Code 1981, § 40-8-76.1, enacted by Ga. L. 1988, p. 31, § 1; Ga. L. 1990, p. 588, § 1; Ga. L. 1993, p. 516, § 1; Ga. L. 1994, p. 1005, § 1; Ga. L. 1996, p. 469, § 3; Ga. L. 1997, p. 143, § 40; Ga. L. 1998, p. 1579, § 1; Ga. L. 1999, p. 276, § 1; Ga. L. 2000, p. 862, § 1; Ga. L. 2000, p. 951, § 5B-4; Ga. L. 2004, p. 716, § 2; Ga. L. 2005, p. 334, § 19-4/HB 501.

The above does not reflect the proposed change below however this may be due to the state website not being updated since passage if indeed it was passed.

05 LC 18 4093
Senate Bill 157
By: Senators Weber of the 40th, Moody of the 56th, Shafer of the 48th, Adelman of the 42nd, Hill of the 32nd and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 40_8_76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 40_8_76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle, including, but not limited to, pickup trucks, vans, or sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons. Such term shall not include motorcycles, motor driven cycles, or vehicles equipped for and used primarily for off_road use but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off_road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age."

Bruce K.,


thanks for finding the specific law and sharing the entire text of it.


-W

Honestly installing belts are very easy and well worth it. I put shoulder belts and a center lap belt in my 46.

I just have lap belts in mine but we use em ..especially the wife. she has had a few good crashes in her younger years that seatbelts saved her Pretty hiney.
She wont ride without a belt.
Tim

My truck is currently beltless. I have the cab all torn apart, but I try not to drive it too much like that. It just has lap belts, but they keep your butt planted when you stop quick. As a seal belt savee I try to wear them all the time.

Kyle