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QuestionInsurance Question  My car has 2 front seat belts and 3 back seat belts. I am in California. I intend to drive 5 friends (all over 20) from San Francisco to Los Angeles this weekend. Is there a law that I cannot carry more persons than the available seat belts. Will I get a ticket or get penalty if stopped by a police?

AnswerAuto Insurance Answer

It is against the law not to have every driver and passenger of a vehicle protected by a seat belt. The California Driver's Handbook, which you can read online through the CA DMV website, states that seat belts, both the lap belt and shoulder harness, must be in good working order.

CA law says that you may not operate your vehicle unless you and all your passengers 16 years of age or over, or who weigh 60 lbs. or more, are wearing seat belts. If seat belts are not worn, you may be given a traffic ticket. Also, the driver will be given the ticket if a passenger, younger than 16, is not wearing his/her seat belt.

In a California a seat belt is required for each person who is age six or older and weighs 60 lbs. or more. Any child under the age of six weighing less than 60 lbs. must be secured in a federally approved child passenger restraint system and ride in the back seat of a vehicle.

So the passengers could be ticketed for not having a seat belt buckled while you could only be ticketed if you had passengers under the age of 16 that did not wear a seat belt.

Section 27315(d)(e) of the California Vehicle Code mandates the use of safety belts. Subsection h of this part of the California Vehicle Code states:

(h) Any violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court may order that a person convicted of a first offense attend a school for traffic violators or any other court-approved program in which the proper use of safety belts is demonstrated.

The fine listed for a ticket for the 27315 offense on the CA Uniform bail schedule is $76.00. This is for a first offense so as you can tell the $20 penalty grows a bit when you add on court costs, county fees, etc. So this is the fine that you or your friends would normally received if cited for not having a seat belt on while you are operating the vehicle.

If thus any of you are cited and this is your first offense for a seat belt violation you may see if you are allowed to take a traffic school class instead paying the fine, assessment and court costs. Have a good trip down the Coast of California. When you are ready to shop for auto insurance rates remember to go through us for the cheapest car insurance quotes.

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