Level I 2022-2023 Traffic Law • 8-35
Passenger Safety Seat Systems and Safety Belts
Age
Person
Responsible
Type of
Restraint
Location
in vehicle
Cited for
Penalty
Eligible for
Special DSC
(until June 1,
2023) (emphasizes
seatbelts & child
safety seat systems)
Eligible
for DSC
Eligible for
Deferred
Disposition
Child under age
8, unless over
4’9” tall
driver
child
passenger
safety seat
front and
back seats
child not in
passenger
safety seat
minimum $25
maximum $250
yes no yes
Child at least
age 8 and under
age 17*
driver safety belt
front and
back seats
child not in
safety belt
maximum $200
if in passenger vehicle
minimum $1
maximum $200
yes no yes
At least age 15
passenger safety belt
front and
back seats
passenger not
wearing safety
minimum $25
maximum $50
no no yes
At least age 15
driver safety belt
front and
back seats
driver not
wearing safety
minimum $25
maximum $50
no yes yes
*Children under age 8 that are taller than 4’9” must wear a safety belt.
Definitions
• Child passenger safety seat system means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems
as set by the National Highway Traffic Safety Administration.
• Passenger vehicle means a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the
driver, truck, or truck tractor. (Passenger car means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate
10 or fewer passengers, including the operator. Light truck means a truck, including a pickup truck, panel delivery truck, or carryall truck, that has a
manufacturer’s carrying capacity of 2,000 pounds or less. Since sport utility vehicle is not specifically defined, look to the definition of passenger
vehicle. Truck means a motor vehicle designed, used, or maintained primarily to transport property. Truck tractor means a motor vehicle designed and
used primarily to draw another vehicle but not constructed to carry a load other than a part of the weight of the other vehicle and its load. Motor vehicle
means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. Section 541.201, T.C.)
• Safety belt means a lap belt and any shoulder straps included as original equipment on or added to a vehicle.
• Secured in connection with use of a safety belt means using the lap belt and any shoulder straps according to the manufacturer of the vehicle, if the
safety belt is original equipment, or the manufacturer of the safety belt, if the safety belt has been added to the vehicle.
Section 545.412, T.C., does not apply to:
• A person operating a vehicle transporting passengers for hire, excluding third-party transport service providers when transporting clients pursuant to a
contract to provide nonemergency Medicaid transportation; or
• A person transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied.
Defenses to prosecution under Section 545.412, T.C.:
• The person was operating the vehicle in an emergency;
• The person was operating the vehicle for a law enforcement purpose; or
• The person provides satisfactory evidence to the court that, at the time of the offense:
o (1) the person was not arrested or issued a citation for violation of any other offense,
o (2) the vehicle the person was driving was not involved in a crash,
o (3) the person did not possess a child passenger safety seat system in the vehicle, and
o (4) subsequent to the time of the offense, the defendant obtained an appropriate child passenger safety seat system for each child required
to be secured in such a system. [Section 545.4121, T.,C.,]
Defenses to prosecution under Section 545.413, T.C.:
• The person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;
• The person presents to the court, not later than the 10
th
day after the date of the offense, a statement from a licensed physician stating that for a medical
reason the person should not wear a safety belt;
• The person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes
from a vehicle or that requires frequent entry into and exit from a vehicle;
• The person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into
and exit from a vehicle;
• The person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty for that company
requiring the operator to frequently enter into and exit from a vehicle;
• The person is operating a commercial vehicle registered as a farm vehicle under the provisions of Section 502.433, T.C., that does not have a gross
weight, registered weight, or gross weight rating of 48,000 pounds or more; or
• The person is the operator of or a passenger in a vehicle used exclusively to transport solid waste and performing duties that require frequent entry into
and exit from the vehicle.
Amount Due to the State
• Fifty percent of the fines for convictions for not securing a child in a child passenger safety seat system (under Section 545.412, T.C.) or a safety belt
(under Section 545.413(b), T.C.) must be remitted to the State Comptroller at the end of the city’s fiscal year.
.