§ 11:287.1. Safety belt required.

(a)

Definitions. When used in this section, the following words and phrases have the meaning ascribed to them, unless the context clearly indicates a different meaning:

Passenger car means any passenger car required to be equipped with safety belts by Federal Motor Vehicle Standard No. 208 (49CFR 571.208).

Seat belt means the manual restraint system installed by the manufacturer as required by Federal Motor Vehicle Standard No. 208, which became effective January 1, 1968.

(b)

Safety belt required for driver. Each driver of a passenger car in this city and parish shall have a safety belt properly fastened about his or her body at all times when the vehicle is in forward motion.

(c)

Safety belt for front seat occupant. Except as otherwise provided by law, each front seat occupant of a passenger car in this city and parish shall have a safety belt properly fastened about his or her body at all times when the vehicle is in forward motion, if a belt for his seating space has been provided by the manufacturer.

(d)

Exception for rural postal carriers. This section shall not apply to a motor vehicle operated by a rural letter carrier of the United States Postal Service while performing his or her duties as a rural letter carrier.

(e)

Exception for disabled persons. This section shall not apply to an occupant of a passenger car or operator with a physically or mentally disabling condition whose physical or mental disability would prevent appropriate restraint in the safety belt; however, the condition shall be duly certified by a physician who shall state the nature of the handicap, as the reason such restraint is inappropriate.

(f)

Negligence. In any action to recover damages arising out of the ownership, common maintenance or operation of a motor vehicle, failure to wear a safety belt in violation of this section shall not be considered evidence of comparative negligence. Failure to wear a safety belt in violation of this section may be admitted to mitigate damages, but only when the party offering such evidence proves that:

(1)

There was a functioning safety belt available to the injured party.

(2)

The injured party failed to use the safety belt;

(3)

The failure to use a safety belt contributed to the party's injuries;

(4)

The use of a safety belt would have reduced the injured party's damages in an amount equal to or in excess of the amount of mitigation sought. In no event shall the award of damages be reduced by more than two (2) percent for the nonuse of a safety belt.

(g)

Restrictions on search. No vehicle, driver or passenger in a vehicle shall be inspected or searched solely because of a violation of or to determine compliance with this section.

(h)

Penalty.

(1)

Any person who violates this section shall be subject to the following penalties:

a.

Upon conviction of a first offense, the fine shall be twenty-five dollars ($25.00), which shall include all costs of court.

b.

Upon conviction of a second offense, the fine shall be fifty dollars ($50.00), which shall include all costs of court.

c.

Upon conviction of a third offense and any subsequent offense, the fine shall be fifty dollars ($50.00) plus all costs of court.

(2)

Notwithstanding any contrary provision of law, no other cost or fee shall be assessed against any person for a violation of this section.

(Ord. No. 8117, § 1, 3-12-86; Ord. No. 10744, § 1, 10-23-96; Ord. No. 15094, § 1, 2-23-11)

State law reference

Similar provisions, R.S. 32:1(96), (97), 32:295.1.