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Old Jul 9, 2004 | 08:58 AM
  #1  
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From: Winter Springs FL
Seat belts

looking through the state laws it says that if a truck is over 5500 pounds its not a motor vehical.. hence you donot need to wear a seat belt in a F250/350+ i have called 3 fhp stations 2 of them said i must wear it, after asking them to show me the law stating that they said wel.. your right there is no law that you have to wear one but you should. 3rd officer told me he didnt care what the law stated i should buckle up and got upset that i questions his knowledge.

im sure this has been beat up before any input ?

316.614 Safety belt usage.--

(1) This section may be cited as the "Florida Safety Belt Law."

(2) It is the policy of this state that enactment of this section is intended to be compatible with the continued support by the state for federal safety standards requiring automatic crash protection, and the enactment of this section should not be used in any manner to rescind or delay the implementation of the federal automatic crash protection system requirements of Federal Motor Safety Standard 208 as set forth in S4.1.2.1 thereof, as entered on July 17, 1984, for new cars.

(3) As used in this section:

(a) "Motor vehicle" means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of this state. The term does not include:

1. A school bus.

2. A bus used for the transportation of persons for compensation.

3. A farm tractor or implement of husbandry.

4. A truck of a net weight of more than 5,000 pounds.

5. A motorcycle, moped, or bicycle.
 
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Old Jul 11, 2004 | 03:02 PM
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"implement of husbandry"

What in the hell is that!
 
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Old Jul 13, 2004 | 12:07 PM
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Originally Posted by FLFordOwner
looking through the state laws it says that if a truck is over 5500 pounds its not a motor vehical..

[SNIP]

(3) As used in this section:

(a) "Motor vehicle" means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of this state. The term does not include:

1. A school bus.

2. A bus used for the transportation of persons for compensation.

3. A farm tractor or implement of husbandry.

4. A truck of a net weight of more than 5,000 pounds.

5. A motorcycle, moped, or bicycle.
Well, you can try not wearing one and argue this law with the cop, but I think you are interpreting it wrong. Net weight is the cargo capacity of the vehicle excluding trailer, not the empty weight. Subtract the empty weight as obtained on a certified scale from the GVWR, and that is the net weight. A judge will let the ticket stand.
 
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Old Jul 13, 2004 | 08:22 PM
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Well I called fhp and spoke to several officers and all agree net weight of a truck is the weight of just the truck empty with out any load or trailer. Most of the cops I know and asked about didn’t even know about the exemption but do now. Because the net weight also makes it to where you must have a higher class driver’s license to operate the truck on the road and highways

To drive a F250 2500/other brands even a excursion you must have a class d license or from what fhp told me they can take you to jail for operating a motor vehicle with out the proper license because of the vehicle’s net weight


Everybody has different views thats why we have judges i have fought many tickets and won, you would be suprised how many cops write bs tickets most people just pay them. If im wrong ill happily pay them if not ill fight it no matter what the cost .(guess im stupid or i stand up for what i think is right).

Why i posted this maybe somebody here has fought a seat belt ticket in court and will post thier outcome
 
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Old Jul 13, 2004 | 08:35 PM
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I don't know why you wouldn't want to wear one. Have you ever been hit head on? I have and was damn glad I had mine on, saved me from eating the steering wheel and possibly going out the window. Girl lost control of her car doing 75 in a 45, late for work. Me, I just made a turn and was doing 40, do the math, that's a 115mph collision. She hit me with a new Toyota Tercel, pushed my driver side wheel into the motor of my 3/4 ton van and bent every body panel. I had to climb out the windshield, cop couldn't believe I only had a banged knee.
 
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Old Jul 13, 2004 | 10:04 PM
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Originally Posted by FLFordOwner
Well I called fhp and spoke to several officers and all agree net weight of a truck is the weight of just the truck empty with out any load or trailer.
[SNIP]
Well, as an ex-commercial driver, I can say with great certainty the net weight of a truck is its cargo capacity. The empty weight is its tare weight. I firmly maintain a judge would let a ticket stand. If you want a definitive opinion, the only way to get it is request one from the state attorney general's office. Police officers do not interpret the law, they enforce it as they are instructed. It doesn't really matter what they tell you on the phone.

Just drive through Waldo at 40 with no seat belt and you'll find out really quickly what the definition of the law is.

And, for the record, I hold a class A CDL with tank, hazmat and double/triple trailer endorsements.
 

Last edited by Pikachu; Jul 13, 2004 at 10:18 PM.
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Old Jul 13, 2004 | 10:23 PM
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I have to wear my seat belt or that stupid seatbelt warning beeping doesnt stop. I guess thats a good thing.
 
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Old Jul 13, 2004 | 10:35 PM
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From: Homestead, FL USA
Originally Posted by Pikachu
Well, as an ex-commercial driver, I can say with great certainty the net weight of a truck is its cargo capacity. The empty weight is its tare weight. I firmly maintain a judge would let a ticket stand. If you want a definitive opinion, the only way to get it is request one from the state attorney general's office. Police officers do not interpret the law, they enforce it as they are instructed. It doesn't really matter what they tell you on the phone.

Just drive through Waldo at 40 with no seat belt and you'll find out really quickly what the definition of the law is.

And, for the record, I hold a class A CDL with tank, hazmat and double/triple trailer endorsements.

That Waldo comment sure brings back memories. Going to UF in the early 80s and making the run to Jacksonville for some concert we always seemed to be pulled over in Waldo...like they were waiting for us. I never got a ticket there but have been in at least a dozen cars that got ticketed in Waldo.
 
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Old Jul 13, 2004 | 11:01 PM
  #9  
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well why i posted this here still waiting to hear if anybody has fought one in a 250 .. i just may request a answer from the state attorney id like to know the facts not just what others feel or think

High horse glad your ok from the accendent, its not about if i should or shouldnt, im not trying to get out of wearing a seat belt im trying to get the fact about the law

I have a class B cdl dosent mean anything in the court room or on the side of the road talking to a cop what matters is what way the staue is written
but thanks ill look into what they concider net weight and what the state attorney thinks, ill let ya know
 
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Old Jul 26, 2004 | 07:46 AM
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From: Tampa Fl
i got a class "A" as well with tank and haz-mat endorsement on it....it has gotten me out of about 3 tickets all together and gotten me out of points in court a time or two....and yea its NET loaded and TARE empty...allways wore my belt while driving truck as it was company policy and if you got a ticket for not or was spotted not wearing your belt it was an offence that you could be terminated for. Id like to know the outcome though is it true and if so i wonder how many truckers in FL are gonna be at the courthouse fighting the tickets they recieved for not wearing them?
 
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