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  #1  
Old 05-28-2012, 10:28 PM
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Seat belt legalities

I figured this would be the best place to see if someone knows the seat belt law. I'm in california and have a 1959 f100. I've read that federal law doesn't require before 1970 and i saw the year of 1964 in california. My thing is that the guy that had truck before me installed shoulder belts. I wonder if that makes it illegal for me to not be wearing these after market additions. It was a good addition, i would just hate to get a ticket driving a mile to the 7-11. I will say that sometimes i wear them when driving, sometimes not. depends on my driving situation. I think it is smart to wear them, but in no way do I think it should be law. Once civil liberties are taken, they are never given back. I won't get into politics. Just curious about the law and if anyone here knows it or where i can look it up. Thanks to all in advance.
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Old 05-28-2012, 11:32 PM
85e150six4mtod 85e150six4mtod is offline
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Motor transport on public highways is highly regulated and is not a basic constitutional right. As they always say, "Driving is a privilege, not a right..."

The laws of physics apply universally without discrimination. Enforcement is harsh. Objects in motion tend to stay in motion. In an accident if the truck stops and you stay in motion, your "civil liberties" will be the least of your worries.

V C Section 27315 Mandatory Seat Belt Law

"....This subdivision, however, does not require installation or maintenance of safety belts if it is not required by the laws of the United States applicable to the vehicle at the time of its initial sale...."

OK, so if you have an older vehicle you do not have to install or maintain them. My guess is that if you are spotted with the seat belts hanging there, you will be cited and told to explain and prove up your situation at a hearing.

You might ask a local cop or CHP if you can find one who isn't in the middle of something.

I could not find anything specific to this question on line. Everything you find is either the VC, as above, or "Click it or ticket" articles and press releases.

The simple solution here is just to wear the seatbelt. Most accidents are close to home, so that trip to the 7-11 might be the one where need the belt the most.
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Old 05-29-2012, 12:08 AM
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Speaking for myself, if I was to be driving the truck on a regular basis, I'd wear seatbelts. I'm already in the habit of clicking it when I get in a vehicle. I guess that would be no exception. Besides, today's traffic is nightmarish enough here in the sticks, I couldn't imagine it in Cali. lol.
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Old 05-29-2012, 12:09 AM
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Thanks for your opinion. The great thing about this country is that we get to have and express them. Definitly didnt mean to get anyone riled up. Just my opinion of how far the arm of the law should reach into personal choice. But, I know it's a great source of revenue. Not as much for safety. Or street bikes would be outlawed. Which i'm sure sitting on top of hundreds of pounds of plastic (which is legal) is safer than sitting in thousands of pounds of steel without a strap over your shoulder (which is illegal, i guess). I think both should be legal if you are not harming another. As i said, i don't want to get into politics and probably shouldn't given my opinion. I'm just curious to the actual law and thought it was a decent question. I'll talk to this cop that sets up on our property. I'd rather look it up, but wasn't able to find anything definitive either. Thanks again.
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Old 05-29-2012, 12:15 AM
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Thanks Havi. Believe it or not, i do agree. Of course, when you get in this traffic, you'll do just as good opening the door and pushing with your foot. Just was wondering what the letter of the law says. It may be a grey area. Great quote about the wind by the way.
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Old 05-29-2012, 01:05 AM
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I despise seat belts that is why I drive Pre 1968 cars and trucks here in Nevada where they are not required Pre 1968 now only of I could find a loop hole in the helmet law
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Old 05-29-2012, 01:11 AM
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[QUOTE=85e150six4mtod;11887390]Motor transport on public highways is highly regulated and is not a basic constitutional right. As they always say, "Driving is a privilege, not a right..."

Why?
So I don't have the right to use what I paid for?
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Old 05-29-2012, 10:24 AM
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[quote=mkrog;11887585]
Quote:
Originally Posted by 85e150six4mtod View Post
Motor transport on public highways is highly regulated and is not a basic constitutional right. As they always say, "Driving is a privilege, not a right..."

Why?
So I don't have the right to use what I paid for?
No, you have the privilege of using it if you follow the rules. Not my idea, but imagine the roads if we used the "free speech" standard. Note you also have a much more limited expectation of privacy on the road, hence traffic cameras and vehicle searchs.
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Old 05-29-2012, 10:26 AM
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Quote:
Originally Posted by jacks61ford View Post
I despise seat belts that is why I drive Pre 1968 cars and trucks here in Nevada where they are not required Pre 1968 now only of I could find a loop hole in the helmet law
Ever seen a body that was ejected from a vehicle? Or a head involved in a motorcycle accident?

I still have the letter my sister wrote me after her roll-over accident, thanking me for setting the seat belt example.

Always wear them, try not to use them.
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Old 05-29-2012, 11:27 AM
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Kind of unrelated but not really. In other states with safety inspection, all lights have to work, even if they were not original. I had a pickup with some side marker lights a PO had installed and they didn't work. It failed the inspection with them installed but not working but it was ok if I just removed them. I'm going to say if they are there you probably should use them.
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Old 05-29-2012, 12:59 PM
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Thanks, willow. That's hits more to my question. Which was not if I should wear them, or not if you like to wear them. But, question was about the legality of mandatory wearing after market belts. These were not really even installed that well. The issue with your added lights hits more to what I was asking. Thanks to all.
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Old 05-29-2012, 01:50 PM
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[QUOTE=85e150six4mtod;11888390]
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No, you have the privilege of using it if you follow the rules. Not my idea, but imagine the roads if we used the "free speech" standard. Note you also have a much more limited expectation of privacy on the road, hence traffic cameras and vehicle searchs.
Simply put"who has control over you body"
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Old 05-29-2012, 01:52 PM
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Quote:
Originally Posted by 85e150six4mtod View Post
Ever seen a body that was ejected from a vehicle? Or a head involved in a motorcycle accident?

I still have the letter my sister wrote me after her roll-over accident, thanking me for setting the seat belt example.

Always wear them, try not to use them.
Shouldn't I have the chose to tack that chance?
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Old 05-29-2012, 02:39 PM
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You mean "take" the chance?

This has been fought over for years with numerous court cases, some going back and forth over search procedures etc for vehicles.

You do not have a constitutional right to drive a vehicle on public roadways. The states issue you a license subject to numerous laws. You are not "free" to do anything you want on public roads.
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Old 05-29-2012, 03:10 PM
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Quote:
Originally Posted by 85e150six4mtod View Post
Ever seen a body that was ejected from a vehicle? Or a head involved in a motorcycle accident?

I still have the letter my sister wrote me after her roll-over accident, thanking me for setting the seat belt example.

Always wear them, try not to use them.
as matter of fact I have lost my brother to a motorcycle accident was wearing a dot approved full face guy pulled out in front of him hit the pavement so hard split the helmet and his skull the only difference between a helmet and not is open and closed casket IMHO cause that all that 400 shoei did for him but again his choice to ride a bike as it is mine I have never and will never wear seatbelts or any other self safety gear that I can't be pulled over for like the helmet. and it the seat belts in a older car are not installed correctly like just bolted to the 50 year old sheet metal false sense of security if you ask me cars with factory seat belts have enforced areas where they install
Old 05-29-2012, 03:10 PM
 
 
 
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