I received a seat belt ticket in the state of Oregon as a passenger and had a few questions. 1) Will this affect my drivers record? 2) Will this affect my insurance rate? 3) Is there any difference between a driver and a passenger getting this ticket?

Yes, if you are convicted of the Oregon passenger seat belt violation than the offense will be placed on your driving record. Failure to properly use safety belts in Oregon is a Class D traffic violation. The following are general, basic descriptions of the OF seat belt laws. Specific wording of statutory requirements can be found at Oregon Revised Statutes (ORS) 811.210 - 811.225.

Oregon law requires that all motor vehicle operators and passengers be properly secured with a safety belt or safety harness, unless all safety-belt equipped seating positions are occupied by other persons. This applies to passenger cars, pickup trucks, motor homes, and fee-based people transport carrying fifteen or fewer persons. Limited exemptions are allowed under ORS 811.215. Vehicle owners are required to maintain belt systems in working order.

Child passengers must be restrained in approved child safety seats until they weigh forty pounds. Infants must ride rear-facing until they reach both one year of age AND twenty pounds. Children over forty pounds must use boosters to 4'9" tall unless they have reached age eight.

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Proper use as required by Oregon seat belt laws means using the entire belt system - lap belt if only a lap belt is provided, and both lap and shoulder belts where both are provided. Failing to wear a seat belt as a driver or a passenger are violations both listed under ORS 811.210 and are both Class D traffic violations so it does not appear that it makes any difference to the state whether you were the driver or the passenger if you were not wearing a safety belt correctly

It appears in many counties in Oregon you can ask to take a seat belt use course or a seat belt diversion class to get your seat belt ticket dismissed. For example the Jackson County court says if you have elected to attend the Safety Belt Use Course in lieu of paying a fine to the court, attending the class will dismiss this citation from your driving record.

In the City of Tigard, OR in order to be eligible for their seat belt diversion program, you must have:

1. No prior seat belt convictions in Tigard or any other jurisdiction; and
2. No traffic convictions of any kind in Tigard or any other jurisdiction for the last five years.

In order to enroll in the Seat belt Diversion Class, you must follow this procedure:

1. Appear in person at the Municipal Court counter during regular business hours (8:00 a.m. to 5:00 p.m. Monday-Friday);
2. Pay a reduced fine to the court;
3. Arrange to attend the class according to the schedule that the court clerk will provide to you at the counter. The class costs $20, payable in cash to the organization sponsoring the class.
4. Attend the class within 60 days of the date you appear in court.
5. Make sure the certificate of attendance at the class is filed with the court before the 60-day deadline has expired.

If you attend the class, follow the required procedures, pay the reduced fine, and do not get any new violations within a six-month time period, your citation will be dismissed. No conviction will appear on your DMV record. If you fail to attend the class or pay the required fees within the time allowed, the conviction will be forwarded to the DMV. You will not have the option of re-enrolling in the Seat belt Diversion Program.

So you should contact the court listed on your passenger seat belt ticket to see if you are eligible for a seat belt course that would dismiss your ticket and keep it off of your Oregon motor vehicle record (MVR).

A seat belt ticket, either as a driver or passenger that does go on your MVR will be seen by your insurance company. It then it will be up to your carrier's rating system to determine if a seat belt offense will affect your rates or not. Typically this is a minor infraction, with a minor fine from the state and would not affect your insurance rates like a speeding or reckless driving ticket would.

Depending upon your insurer's rating system it may though be enough to take away any safe driver discount. You could ask your insurance agent for more information on how this type of minor traffic violation would affect your rates. Just as the state doesn't really differentiate between if you were a driver or passenger without a seat belt neither does an insurance company. It typically is more risky though to be a passenger without a seat belt than a driver actually because unbuckled passengers typically end up with more injuries in an accident than an unbuckled driver.

If your rates go up due to this ticket or if you just want to shop around for lower rates than click here for free auto insurance quotes for the state of Oregon.