811.210
Failure to properly use safety belts; penalty. (1)(a) Except as provided in ORS
811.215, a person commits the offense of failure to properly use safety belts
if the person:
(A) Operates a
motor vehicle on the highways of this state and is not properly secured with a
safety belt or safety harness as required by subsection (2) of this section.
(B) Is the
parent, legal guardian or person with legal responsibility for the safety and
welfare of a child who is under 16 years of age and the child, while operating
on public lands a Class I, Class II or Class IV all-terrain vehicle that is not
registered under ORS 803.420, is not properly secured with a safety belt or
safety harness.
(C) Is the
parent, legal guardian or person with legal responsibility for the safety and
welfare of a child who is under 16 years of age and the child, while operating
on public lands a Class II all-terrain vehicle registered under ORS 803.420, is
not properly secured with a safety belt or safety harness as required by
subsection (2) of this section.
(D) Operates a
motor vehicle on the highways of this state with a passenger who is under 16
years of age and the passenger is not properly secured with a child safety
system, safety belt or safety harness as required by subsection (2) of this
section.
(E) Is the
parent, legal guardian or person with legal responsibility for the safety and
welfare of a child who is under 16 years of age and the child, while riding on
public lands in or on a Class I, Class II or Class IV all-terrain vehicle that
is not registered under ORS 803.420, is not properly secured with a safety belt
or safety harness.
(F) Is the
parent, legal guardian or person with legal responsibility for the safety and
welfare of a child who is under 16 years of age and the child, while riding on
public lands in or on a Class II all-terrain vehicle registered under ORS
803.420, is not properly secured with a safety belt or safety harness as
required by subsection (2) of this section.
(G) Is a
passenger in a privately owned commercial vehicle, as defined in ORS 801.210,
that is designed and used for the transportation of 15 or fewer persons,
including the driver, and the person is 16 years of age or older and is
responsible for another passenger who is not properly secured with a child
safety system as required under subsection (2)(a), (b) or (c) of this section.
(H) Is a
passenger in a motor vehicle being operated on the highways of this state who
is 16 years of age or older and who is not properly secured with a safety belt
or safety harness as required by subsection (2) of this section.
(b) As used in
this subsection, “public lands” includes privately owned land that is open to
the general public for the use of all-terrain vehicles as the result of funding
from the All-Terrain Vehicle Account under ORS 390.560.
(2) To comply
with this section:
(a) A person who
is under two years of age must be properly secured with a child safety system
in a rear-facing position.
(b) A person who
weighs 40 pounds or less must be properly secured with a child safety system
that meets the minimum standards and specifications established by the
Department of Transportation under ORS 815.055 for child safety systems
designed for children weighing 40 pounds or less.
(c) Except as
provided in subsection (3) of this section, a person who weighs more than 40
pounds and who is four feet nine inches or shorter must be properly secured
with a child safety system that elevates the person so that a safety belt or
safety harness properly fits the person. As used in this paragraph, “properly
fits” means the lap belt of the safety belt or safety harness is positioned low
across the thighs and the shoulder belt is positioned over the collarbone and
away from the neck. The child safety system shall meet the minimum standards
and specifications established by the department under ORS 815.055 for child
safety systems designed for children who are four feet nine inches or shorter.
(d) A person who
is taller than four feet nine inches must be properly secured with a safety
belt or safety harness that meets requirements under ORS 815.055.
(e)
Notwithstanding paragraphs (b) and (c) of this subsection, a person who is
eight years of age or older need not be secured with a child safety system but
must be properly secured with a safety belt or safety harness that meets
requirements under ORS 815.055.
(3) The
requirements of subsection (2)(c) of this section do not apply:
(a) If the rear
seat of a vehicle is not equipped with shoulder belts, provided the person is
secured by a lap belt; or
(b) If the child
is properly secured with a child safety system that meets the minimum standards
and specifications established by the department under ORS 815.055 for child
safety systems designed for children weighing more than 40 pounds.
(4) The offense
described in this section, failure to properly use safety belts, is a Class D
traffic violation. [1985 c.16 §309; 1985 c.619 §1; 1991 c.2 §1; 1993 c.153 §1;
1993 c.751 §112; 2001 c.679 §1; 2003 c.159 §1; 2005 c.244 §2; 2007 c.601 §2;
2009 c.498 §1; 2010 c.30 §10; 2011 c.300 §1; 2011 c.360 §17; 2017 c.177 §1]
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1986–2022 · leading case:
State v. Aguilar, 478 P.3d 558 (Or. Ct. App. 2020).
State v. Aguilar, 478 P.3d 558 (Or. Ct. App. 2020).
· cites it 3× “She raises two assign- ments of error. First, she argues that her conviction is void under Article VII (Amended), section 5, of the Oregon Constitution because she was not indicted, there was no preliminary hearing, and she did not knowingly waive her right to an indictment or a…”
State v. Bourget-Goddard, 993 P.2d 814 (Or. Ct. App. 1999).
· cites it 5× “ORS 811.210 provides, in part: “(1) A person commits the offense of failure to use safety belts if the person: “(a) Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this…”
State v. Delong, 350 P.3d 433 (Or. 2015).
· cites it 2× “See ORS 811.210 (requiring that drivers wear seat belts).”
State v. Foster, 252 P.3d 292 (Or. 2011).
“ORS 811.210(4). Ray, and another officer with him, then stopped defendant for that violation.”
State v. Terhear, 923 P.2d 641 (Or. Ct. App. 1996).
· cites it 2× “Andrew saw defendant Goemmel ride by in the front passenger seat of a two-door car and noticed that Goemmel was not wearing a safety belt, in violation of ORS 811.210(1)(c). 1 A few minutes later, Andrew and his partner, Marshall, saw the same car parked in a truck loading zone…”
State v. Rivera, 855 P.2d 188 (Or. Ct. App. 1993).
· cites it 5× “]” ORS 811.210 does not apply to all vehicles in Oregon.”
State v. Martin, 477 P.3d 452 (Or. Ct. App. 2020).
“In a sepa- rate bench trial, defendant was also found to have violated the vehicle code for failure to properly use a safety belt, ORS 811.210(1)(g), but does not assign error to that aspect of the trial court’s decision.”
State v. Meyers, 958 P.2d 187 (Or. Ct. App. 1998).
“Chinn followed, and when he saw that defendant and Carpenter were not wearing safety belts, a violation of ORS 811.210(l)(a) and (c), he stopped defendant for that traffic infraction.”
State v. Morton, 951 P.2d 179 (Or. Ct. App. 1997).
“Because defendant was stopped pursuant to ORS 811.210 for failing to wear his safety belt, ORS 810.”
Madaris v. State of Oregon High. Div., 723 P.2d 1054 (Or. Ct. App. 1986).
· cites it 2× “2; ORS 811.210; Pa Stat Ann tit 75, § 4585; RI Gen Laws § 31-22-22; SC Code Ann § 56-5-6460; SD Codified Laws Ann 32-27-4.”
State v. K. R. S., 464 P.3d 481 (Or. Ct. App. 2020).
“720 (“A police officer who has probable cause to believe that a person * * * has com- mitted an offense described in this subsection may, without prior notice, order the vehicle impounded[.”
— Or. Rev. Stat. § 811.210(1)(H) — 1 case
State v. Aguilar, 478 P.3d 558 (Or. Ct. App. 2020).
“She raises two assign- ments of error. First, she argues that her conviction is void under Article VII (Amended), section 5, of the Oregon Constitution because she was not indicted, there was no preliminary hearing, and she did not knowingly waive her right to an indictment or a…”
— Or. Rev. Stat. § 811.210(1)(a)(H) — 1 case
State v. Aguilar, 478 P.3d 558 (Or. Ct. App. 2020).
“She raises two assign- ments of error. First, she argues that her conviction is void under Article VII (Amended), section 5, of the Oregon Constitution because she was not indicted, there was no preliminary hearing, and she did not knowingly waive her right to an indictment or a…”
— Or. Rev. Stat. § 811.210(1)(c) — 1 case
State v. Terhear, 923 P.2d 641 (Or. Ct. App. 1996).
“Andrew saw defendant Goemmel ride by in the front passenger seat of a two-door car and noticed that Goemmel was not wearing a safety belt, in violation of ORS 811.210(1)(c). 1 A few minutes later, Andrew and his partner, Marshall, saw the same car parked in a truck loading zone…”
— Or. Rev. Stat. § 811.210(1)(g) — 1 case
State v. Martin, 477 P.3d 452 (Or. Ct. App. 2020).
“In a sepa- rate bench trial, defendant was also found to have violated the vehicle code for failure to properly use a safety belt, ORS 811.210(1)(g), but does not assign error to that aspect of the trial court’s decision.”
— Or. Rev. Stat. § 811.210(3) — 2 cases
— Or. Rev. Stat. § 811.210(4) — 1 case
State v. Foster, 252 P.3d 292 (Or. 2011).
“ORS 811.210(4). Ray, and another officer with him, then stopped defendant for that violation.”
— Or. Rev. Stat. § 811.210(l)(a) — 1 case
State v. Meyers, 958 P.2d 187 (Or. Ct. App. 1998).
“Chinn followed, and when he saw that defendant and Carpenter were not wearing safety belts, a violation of ORS 811.210(l)(a) and (c), he stopped defendant for that traffic infraction.”
— Or. Rev. Stat. § 811.210(l)(b) — 1 case
State v. Rivera, 855 P.2d 188 (Or. Ct. App. 1993).
“]” ORS 811.210 does not apply to all vehicles in Oregon.”
— Or. Rev. Stat. § 811.210(l)(c) — 2 cases
State v. Terhear, 923 P.2d 641 (Or. Ct. App. 1996).
“Andrew saw defendant Goemmel ride by in the front passenger seat of a two-door car and noticed that Goemmel was not wearing a safety belt, in violation of ORS 811.210(1)(c). 1 A few minutes later, Andrew and his partner, Marshall, saw the same car parked in a truck loading zone…”
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