Submitted by Norris59 on Tue, 11/24/2009 - 09:26
Can you give me some information about the Massachusetts seat belt law? I'm wondering if a cop can pull me over for not wearing a seat belt or do I have to do something else first like run a red light?
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Editor's Response
The Massachusetts seat belt law is spelled out in MA General Laws Chapter 190, Section 13A. Under the law, a violation is not a primary offense, which means the police cannot pull you over just because you or your passenger is not wearing a belt, but must first pull you over for some other violation, such as speeding. However, you CAN be pulled over if an officer notices that a child (12 or younger) in your car is not buckled in. (See MGL Chapter 90, Section 7AA.)
The interesting thing about Section 13A is that, if a car is pulled over, both driver and passengers can be fined, and the driver may be liable for additional fines for children under the age of 16 who are riding without a belt. Here is the relevant paragraph:
Any person who operates a motor vehicle without a safety belt, and any person sixteen years of age or over who rides as a passenger in a motor vehicle without wearing a safety belt in violation of this section, shall be subject to a fine of twenty-five dollars. Any operator of a motor vehicle shall be subject to an additional fine of twenty-five dollars for each person under the age of sixteen and no younger than twelve who is a passenger in said motor vehicle and not wearing a safety belt. The provisions of this section shall be enforced by law enforcement agencies only when an operator of a motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense.
Hope that helps. For more information or to post a question about criminal or driving law, visit our MA Driving Law Discussion Forum.
MA Seatbelt Law
The other thing to note is that if you are stopped and only receive a ticket for not wearing a seatbelt, you are almost receiving a break. This is because the statute states "A violation of this section shall not be considered as a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums..." Which means you only have to pay the $25 fine (the cost of appealing the ticket) and will not see your insurance go up. Attorney Kevin Gaughen Jr.
Seat Belt Law
Respectfully....this is a very bad idea. The current law works just fine as is and this new wrinkle will not make us one bit safer. Plus...why on earth would we want to give law enforcement personnel any more reasons to stop us as drivers? This revised law will only provide cover to police who profile drivers of color for retention.