North Carolina § 20-135 - 2A. (See Editor's note) Seat belt use mandatory.

§ 20-135. 2A. (See Editor's note) Seat belt use mandatory.

Except as otherwise provided in G.S. 20-137.1, each occupant of a motor vehicle manufactured with seat belts shall have a seatbelt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State. Repealed by Session Laws 2006-140, s. 1, effective December 1, 2006. This section shall not apply to any of the following: A driver or occupant of a noncommercial motor vehicle with a medical or physical condition that prevents appropriate restraint by a safety belt or with a professionally certified mental phobia against the wearing of vehicle restraints. A motor vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier and a motor vehicle operated by a newspaper delivery person while actually engaged in delivery of newspapers along the person's specified route. 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 20 miles per hour. Any vehicle registered and licensed as a property-carrying vehicle in accordance with G.S. 20-88, while being used for agricultural purposes in intrastate commerce. A motor vehicle not required to be equipped with seat safety belts under federal law. Any occupant of a motor home, as defined in G.S. 20-4.01(27)k, other than the driver and front seat passengers. Any occupant, while in the custody of a law enforcement officer, being transported in the backseat of a law enforcement vehicle. A passenger of a residential garbage or recycling truck while the truck is operating during collection rounds. Evidence of failure to wear a seat belt shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section or as justification for the stop of a vehicle or detention of a vehicle operator and passengers. Failure of a rear seat occupant of a vehicle to wear a seat belt shall not be justification for the stop of a vehicle. Any driver or front seat passenger who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs: the General Court of Justice fee provided for in G.S. 7A-304(a)(4), the telephone facilities fee provided for in G.S. 7A-304(a)(2a), and the law enforcement training and certification fee provided for in G.S. 7A-304(a)(3b). Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court costs. Court costs assessed under this section are for the support of the General Court of Justice and shall be remitted to the State Treasurer. Conviction of an infraction under this section has no other consequence. No drivers license points or insurance surcharge shall be assessed on account of violation of this section. The Commissioner of Motor Vehicles and the Department of Public Instruction shall incorporate in driver education programs and driver licensing programs instructions designed to encourage compliance with this section as an important means of reducing the severity of injury to the users of restraint devices and on the requirements and penalties specified in this law. Repealed by Session Laws 1999-183, s. 3, effective October 1, 1999. History (1985, c. 222, s. 1; 1987, c. 623; 1991, c. 448, s. 1; 1994, Ex. Sess., c. 5, s. 1; 1997-16, s. 2; 1997-443, s. 32.20; 1999-183, ss. 1-3; 2002-126, s. 29A.3(a); 2005-276, s. 43.1(g); 2006-66, s. 21.11; 2006-140, s. 1; 2006-221, s. 21(a); 2007-289, s. 1; 2007-404, s. 2; 2009-376, s. 12; 2009-451, s. 15.20(j); 2017-102, s. 5.2(b).) Editor's Note. - Session Laws 1985, c. 222, s. 2 made this section effective October 1, 1985. Section 2 further provides that the act shall cease to be effective if, and upon such date as, a final determination by lawful authority is made that the North Carolina law on mandatory safety belt usage does not meet the minimum criteria established by the United States Department of Transportation for State mandatory safety belt usage laws necessary to rescind the federal rule requiring automobile manufacturers to phase in automatic occupant restraints in automobiles. Session Laws 1997-16, s. 10 provides that this act does not appropriate funds to the Division to implement this act nor does it obligate the General Assembly to appropriate funds to implement this act. Session Laws 2006-221, s. 21(a), provided that if Senate Bill 774 of the 2005 Regular Session [2006-140] becomes law, Session Laws 2006-66, s. 21.11 is repealed. Therefore subsection 20-135.2A(c) is set out above as amended by Session Laws 2006-140. Session Laws 2017-102, s. 5.2(b) provides: "The Revisor of Statutes is authorized to reletter the definitions in G.S. 20-4.01 (27) and G.S. 20-4.01 (32b) to place them in alphabetical order. The Revisor of Statutes may conform any citations that change as a result of the relettering." Pursuant to that authority, the reference to G.S. 20-4.01(27) d2. in subdivision (c)(6) was changed to G.S. 20-4.01(27) k. Effect of Amendments. - Session Laws 2002-126, s. 135.2A(e), effective October 1, 2002, rewrote subsection (e). See editor's note. Session Laws 2005-276, s. 43.1(g), effective September 1, 2005, and applicable to all costs assessed or collected on or after that date, substituted "seventy-five dollars ($75.00)" for "fifty dollars ($50.00)" in subsection (e). Session Laws 2006-140, s. 1, effective December 1, 2006, substituted "Except as otherwise provided in G.S. 20-137.1 , each occupant of a" for "Each front seat occupant who is 16 years of age or older and each driver of a passenger" in subsection (a); repealed subsection (b); inserted "of a non commercial motor vehicle" in subdivision (c)(1); substituted "purposes in intrastate commerce" for "or commercial purposes" in subdivision (c)(4); made minor punctuation changes in subdivision (c)(5); added subdivision (c)(6) and subsection (d1); in subsection (e), inserted "front seat" near the beginning of the first sentence and inserted the second sentence; deleted "the Division of" following "The Commissioner of" in subsection (g). Session Laws 2007-289, s. 1, effective July 27, 2007, in subsection (c), substituted a period for a semicolon at the end of subdivisions (c)(1) through (c)(5) and added subdivision (c)(7). Session Laws 2007-404, s. 2, effective December 1, 2007, added subdivision (c)(8). Session Laws 2009-376, s. 12, effective October 1, 2009, and applicable to civil penalties assessed and offenses committed on or after that date, in subdivision (c)(8), deleted "driver or" preceding "passenger" near the beginning, and deleted "and while traveling to and from garbage and recycling material loading and unloading locations" from the end. Legal Periodicals. - For note, "The Seat Belt Defense and North Carolina's New Mandatory Usage Law." See 64 N.C.L. Rev. 1127 (1986).