Point Pleasant Beach, NJ asked in Criminal Law, DUI / DWI, Car Accidents and Traffic Tickets for New Jersey

Q: is a seat belt ticket a moving violation? it was a $50 dollar fine, no points. It did not endanger a child.

4 Lawyer Answers
Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Criminal Law Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: If it was a moving violation, you would have received points from MVC on your license. That does not mean that the car insurance company can't and won't hit you with a surcharge.

Marcel Wurms agrees with this answer

1 user found this answer helpful

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: It will still appear on your drivers abstract so insurance companies will see it but it carries no points.

Marcel Wurms agrees with this answer

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Generally no.Moving violations have points assigned.

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
Answered
  • Criminal Law Lawyer
  • Edison, NJ
  • Licensed in New Jersey

A: 39:3-76.2 Seat belts Safety belts or restraining devices

No person shall sell or operate any passenger automobile manufactured after July 1, 1966, and registered in this State unless such passenger automobile is equipped with at least two sets of seat safety belts for the front seat of the passenger automobile and the anchorage units necessary for their attachment or other suitable restraining device. Such seat safety belts and anchorage units or such restraining device shall be of a type approved by the Director of the Division of Motor Vehicles in the Department of Law and Public Safety, and in making any such approval the director shall be guided by the specifications of the Society of Automotive Engineers and the standards of the Federal Department of Transportation.

L.1965, c. 107, s. 1. Amended by L.1973, c. 194, s. 1, eff. June 28, 1973.

39:3-76.2d Violations, fines.

4. Any person guilty of violating any of the provisions of this act shall be fined not less than $50 and not more than $75. No points

L.1983, c.128, s.4; amended 2015, c.50, s.3.

39:3-76.2a Child passenger restraint systems.

1. Every person operating a motor vehicle, other than a school bus, equipped with safety belts or a Lower Anchors and Tethers for Children system (LATCH) who is transporting a child on roadways, streets or highways of this State, shall secure the child in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat as follows:

a. A child under the age of two years and weighing less than 30 pounds shall be secured in a rear facing child passenger restraint system, which is equipped with a five-point harness.

b. A child under the age of four years and weighing less than 40 pounds shall be secured:

(1) in a rear facing child passenger restraint system, which is equipped with a five-point harness, until the child outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system, at which point the child shall be secured in a rear seat, in a forward facing child passenger restraint system which is equipped with a five-point harness; or

(2) in a forward facing child passenger restraint system which is equipped with a five-point harness.

c. A child under the age of eight years and less than 57 inches in height shall be secured:

(1) in a forward facing child passenger restraint system which is equipped with a five-point harness, until the child outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system, at which point the child shall be secured in a rear seat, in a booster seat; or

(2) in a booster seat.

d. If there are no rear seats, the child shall be secured in a child passenger restraint system or booster seat in a front seat of a motor vehicle except that no child shall be secured in a rear facing child passenger restraint system in a front seat of any motor vehicle which is equipped with a passenger-side airbag that is not disabled or turned off.

e. In no event shall failure to be secured in a child passenger restraint system or booster seat be considered as contributory negligence, nor shall the failure to be secured in the child passenger restraint system or booster seat be admissible as evidence in the trial of any civil action.

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39:3-76.2f Seat belt usage requirements; driver's responsibility.

39:3-76.2j Violations, fines.

6. A person who violates section 2 of this act shall be fined $20.00. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation of this act. A person who is fined under this section for a violation of this act shall not be subject to a surcharge under the New Jersey Merit Ra

1 user found this answer helpful

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