Help I got a ticket

[cmacias24]

Ok yesterday i got pulled over by a CHP here in los angeles and got written up for not wearing my seatbelt. When I told the officer that I was and that it was a lapbelt he said I was not wearing my shoulder belt. I tried to explain to him that my car did not come equipped with a shoulder belt. He disagreed and said he was going to give me a ticket. What can I do? Can I fight it? What is the law in California?

 

[kevin]

Have you got aftermarket decklid and endcaps? Or, which parts are aftermarket and which parts are original?

 

[-=MUSTANG=-]

Fight the ticket, when you go to court show them your car was made with lap belts only and that you were wearing them. Be sure to let the judge know you informed the officer of the situation. Not even the peoples republic of California can enforce a law written after the car was built. Just like emissions, you only have to have on there what covered 1968 emission laws, using this buttheads logic every car in america would have to be retrofitted with catalysts. You should be able to get out of that one.

This cop is an ass, instead of dealing with real crime he pulls you over for a seatbelt violation, real brave one there. Just goes to show you don't have to know the law to enforce it.

 

[cmacias24]

Well, I if you guys think I should fight it, then I will. I'll keep looking for info on the web about this. Thanks for the help.
As far as the parts in my car, well... I purchased my car through this board here and all the parts came with it. The only repro parts is the front and rear valance. Other than that, everything is what came with the car.

 

[rvrtrash]

I'd take good quality pictures of the interior of your car to show it didn't come with a shoulder harness to court also, as proof. Otherwise it's just your word against the
cops and the judge will probably go with him. My car has the shoulder belts, for the record, so someone may have redone your headliner and left them off. Check the actual wording of the law and print it out. It should be on-line and probably just says seatbelts must be worn. The better prepared you are, the better your chances.
Just my .02

 

[Drone]

Your car is not the only car of the period without shoulder harnesses. Other cars were made with only lapbelts such as my friends '69 bug. FIGHT THE DAMN TICKET. Go to court and dont cop an atitude, just be cool and the judge will be cool to you. I believe originally your car came with shoulder harnesses but I could be wrong.... I would take his advice and take good quality pictures of the interior, and if you have the time look up the law and bring a copy of it with you to court, it will impress them that you took the time to KNOW the law unlike the damn ass "police officer" that gave you the ticket. GOODLUCK!

 

[admin]

Maybe the cop knows more about Mustangs than you think.

I'm pretty sure that 1968 was the first year Mustang that had federally mandated shoulder belts, which means your GT/CS should have come with them from the factory. If so then the state of CA probably has a list showing this, which might not help you in court.

 

[cmacias24]

Thanks for all the advice guys. I was just on the DMV’s website and it said nothing about a shoulder belt. They never specified anything about a shoulder belt only a seat belt. Therefore, this might in fact help me. I searched and searched and I found nothing about shoulder belts. Also, my car might have came equipped with one but every junk yard I have been too the shoulder belts are all gone or the headliners don’t have the holes. I always thought that they came optional and usually came with the deluxe versions in 1968. I know that’s just a wild guess. Nevertheless, I think I will fight it and you’re right I should act cool and not like an ass. I’m just upset that in all the years that I have driven this car or any of my other mustangs I have never been stopped, and this cop really got me on something really “ticky tack”, as they say in basketball. Thanks again guys!!!

 

[Sarge]

There was a message floating around several months ago, with the subject of "Deluxe Seat Belts" (May?). I found the following in the "NHTSA" website then. I know this doesn't help, but good luck...

As of 1/1/1968, the National Highway Transportation Safety Administration added the following law to the Federal Motor Vehicle Safety Standards and Regulations: Passenger Cars (Effective 1-1-68)
Lap or lap and shoulder seat belt assemblies for each designated seating position. Except in convertibles, lap and shoulder seat belt assemblies are required in each front outboard seating position.

So, convertibles were the only cars exempt at that time. If you have a '68 or newer vehicle, it is required to have both lap belt and shoulder belt.

Robert

 

[-=MUSTANG=-]

Check the build date of you car, a late 1967 build is a 1968 model year vehicle, but cars built before the 1-1-1968 law would have to be exempt. The manufacturers follow the laws and would likely make a provision in the tooling to accomodate safety standards they know will affect a current model car. This is not always the case however, and may explain the missing shoulder belt in some "1968" mustangs.

 

[Jayscal]

Unfortunately, I have been pulled over by quite a few officers of the law, when I drove my GT/CS in Cali. If I remember correctly, you can not be pulled over for the fact of not wearing your seat belt. This is only written as a add on to another violation. Did he see you putting on the lap belt while you were pulled over? Did he let you go on another violation, and just write you up for the seat belt? Were there any notes written on the ticket, if not I would fight this ticket, you will win. Have pictures of your car, showing that there is no shoulder belt. There is no law requiring you to be fully knowlegeble about what a 35 year old car came with and what it didn't. If you were wearing your lap belt, you were trying to be a law abiding citizen, the judge should throw this ticket out quick.

 

[guest]

Mine is "only" a CS and not a (deluxe) GT. It has the original interior (off the road since '79) and I just checked and it does have shoulder belts.

 

[admin]

My HCS has shoulder belts, as did the 2 other '68 Mustangs I've owned. But they were all later build dates too.

 

[CJ]

Wearing seat belts is mandatory (27315 CVC). As a driver you can be stopped and cited if you and/or your passengers aren't wearing a seat belt. There doesn't have to be another violation associated with this for the officer to stop you (prior to 1993), there did have to be another violation, but this is now considered a "primary" violation).

 

[Jayscal]

I stand corrected, I moved out of Cali in 1992. Pardon my ignorance of the updated seat belt law. If he was wearing a lap belt, and there was no shoulder belt, how can this be a violation? Case dismissed.

 

[gtcsjcode]

Heres the California Vehicle Code for Safety Belts.

Mandatory Seat Belt Law


(Look at section (d)(1) )

27315. (a) The Legislature finds that a mandatory seatbelt law will contribute to reducing highway deaths and injuries by encouraging greater usage of existing manual seatbelts, that automatic crash protection systems which require no action by vehicle occupants offer the best hope of reducing deaths and injuries, and that encouraging the use of manual safety belts is only a partial remedy for addressing this major cause of death and injury. The Legislature declares that the enactment of this section is intended to be compatible with support for federal safety standards requiring automatic crash protection systems and should not be used in any manner to rescind federal requirements for installation of automatic restraints in new cars.

(b) This section shall be known and may be cited as the Motor Vehicle Safety Act.

(c) (1) As used in this section, "motor vehicle" means any passenger vehicle or any motortruck or truck tractor, but does not include a motorcycle.

(2) Until May 1, 2000, for purposes of this section, a "motor vehicle" also means any farm labor vehicle that was first issued an inspection certificate under Section 31401 on or after October 1, 1999.

(3) On and after May 1, 2000, for purposes of this section, a "motor vehicle" also means any farm labor vehicle, regardless of date of certification under Section 31401.

(d) (1) No person shall operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. This paragraph does not apply to the operator of a taxicab, as defined in Section 27908, when the taxicab is driven on a city street and is engaged in the transportation of a fare-paying passenger. The safety belt requirement established by this paragraph is the minimum safety standard applicable to employees being transported in a motor vehicle. This paragraph does not preempt any more stringent or restrictive standards imposed by the Labor Code or any other state or federal regulation regarding the transportation of employees in a motor vehicle.


Heres the Shoulder Belt Section:

Shoulder Harnesses and Lapbelts



1663. (a) The department shall, in the synopsis or summary of laws regulating the operation of vehicles and the use of the highways published under subdivision (b) of Section 1656, provide a warning which states that, in certain accidents, the lack of a shoulder harness may cause, or aggravate, serious and fatal injuries, especially to the head, spinal column, and abdominal organs.

(b) Nothing in this section limits or impairs the rights or remedies that are otherwise available to any person under existing law.



Used Passenger Vehicles


27314. (a) No dealer shall sell or offer for sale any used passenger vehicle that was manufactured on or after January 1, 1962, other than a motorcycle, unless it is equipped with at least two seatbelts which are installed for the use of persons in the front seat of the vehicle.

(b) No dealer shall sell or offer for sale any used passenger vehicle manufactured on or after January 1, 1968, other than a motorcycle, unless it is equipped with seatbelts for each seating position.

(c) Seatbelts required in subdivisions (a) and (b) shall comply with regulations established by the department.

(d) The requirements of this section shall not apply to sales to dealers, automobile dismantlers, or junk dealers.



Hope this helps. I believe the shoulder belt was a option, since my CS GT did not have them, but my buddies C code did. His CS is dated in March and mineis dated in April. I belive the code is stating that the shoulder belt is optional to wear and thats why theres a mandatory law for the warning labels. Also I believe the Law Enforcement cannot be in conflict with what the Vehicle Code states. As long as you were wearing your lap belt.

Question: do you have a reasonable arguement. (Yes)

As long as you were wearing your lap belt at the time of pull over, then I would say you were legally wearing your seat belt.

As I remember my first car was a 1968 Cougar and there were also no shoulder belts installed.

The other question arises? Was there another reason why the officer pulled you over, because if it is because of the wearing of the seat belt, how could he tell if it was just your lap belt, the officer needs probable cause and seeing your shoulder belt would not be enough probable cause (according to the vehicle code) If there was another violation then he would has probable cause, but not for your lap belt.

Hope that helps. Let us know what the outcome is, Im curiuos!

 

[cmacias24]

Thanks, that exactly what I read and all they state is seatbelt and not a lap/shoulder belt. That's so much for all your help. You guys are the best!!!! I go to court in oct 14. I'll post then.