(a) A person may not operate a passenger vehicle on a public street or highway of this state unless the person, any passenger in the back seat under 18 years of age, and any passenger in the front seat of the passenger vehicle is restrained by a safety belt meeting applicable federal motor vehicle safety standards. For the purposes of this section, the term "passenger vehicle" means a motor vehicle which is designed for transporting 15 passengers or less, including the driver, except that the term does not include a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a federal motor vehicle safety standard to be equipped with a belt system. The provisions of this section apply to all passenger vehicles manufactured after January 1, 1967, and being 1968 models and newer.
(b) The required use of safety belts as provided in this section does not apply to a duly appointed or contracted rural mail carrier of the United States Postal Service who is actually making mail deliveries or to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in the safety belt if the condition is duly certified by a physician who states the nature of the disability as well as the reason the restraint is inappropriate. The Division of Motor Vehicles shall adopt rules, in accordance with 29A-3-1 et seq. of this code, to establish a method to certify the physical disability and to require use of an alternative restraint system where feasible or to waive the requirement for the use of any restraint system.
(c) Any person who violates the provisions of this section shall be fined $25. No court costs or other fees may be assessed for a violation of this section.
(d) Notwithstanding any other provision of this code to the contrary, no points may be entered on any drivers record maintained by the Division of Motor Vehicles as a result of a violation of this section.
(e) The Governors Highway Safety Program, in cooperation with the West Virginia State Police and any other state departments or agencies and with county and municipal law-enforcement agencies, shall initiate and conduct an educational program designed to encourage compliance with safety belt usage laws. This program shall be focused on the effectiveness of safety belts, the monetary savings, and the other benefits to the public from usage of safety belts and the requirements and penalties specified in this law.
(f) This section does not abrogate or alter the provisions of 17C-15-46 of this code relating to the mandatory use of child passenger safety devices.
Structure West Virginia Code
Chapter 17C. Traffic Regulations and Laws of the Road
§17C-15-2. When Lighted Lamps Are Required
§17C-15-3. Visibility Distance and Mounted Height of Lamps
§17C-15-4. Head Lamps on Motor Vehicles
§17C-15-6. Penalty for Violations of the Provisions of This Article
§17C-15-8. Application of §§ 17c-15-9 to 17c-15-13
§17C-15-9. Additional Lighting and Reflector Equipment Required on Certain Vehicles
§17C-15-10. Color of Clearance Lamps, Side Marker Lamps and Reflectors
§17C-15-11. Mounting of Reflectors, Clearance Lamps and Side Marker Lamps
§17C-15-12. Visibility of Reflectors, Clearance Lamps and Marker Lamps
§17C-15-13. Obstructed Lights Not Required to Be Lighted
§17C-15-14. Lamp or Flag on Projecting Load
§17C-15-15. Lamps on Parked Vehicles
§17C-15-16. Lamps on Animal-Drawn and Other Vehicles and Equipment
§17C-15-17. Spot Lamps and Other Auxiliary Lamps
§17C-15-18. Signal Lamps and Signal Devices
§17C-15-19. Additional Lighting Equipment
§17C-15-20. Multiple-Beam Road-Lighting Equipment -- Requirements Generally
§17C-15-21. Same -- Use Of; Dimming Lights Upon Approaching or Overtaking
§17C-15-22. Single-Beam Road-Lighting Equipment
§17C-15-23. Lighting Equipment on Motorcycles, Motor-Driven Cycles and Mopeds
§17C-15-24. Alternate Road-Lighting Equipment
§17C-15-25. Number of Driving Lamps Required or Permitted
§17C-15-26. Special Restrictions on Lamps
§17C-15-27. Standards for Lights on Snow Removal Equipment
§17C-15-30. Revocation of Certificate of Approval on Lighting Devices
§17C-15-31. Brakes -- Generally
§17C-15-32. Brakes on Motorcycles, Motor-Driven Cycles and Mopeds
§17C-15-33. Horns and Warning Devices
§17C-15-34. Mufflers; Prevention of Noise, Fumes and Smoke
§17C-15-36. Windshields Must Be Unobstructed and Equipped With Wipers
§17C-15-36a. Sun-Screening Devices; Penalty
§17C-15-37. Tire Equipment Restrictions; Rules and Regulations as to Certain Tires
§17C-15-39. Flares and Other Warning Devices to Be Carried in Certain Vehicles
§17C-15-40. Display of Warning Devices When Vehicle Is Disabled
§17C-15-41. Vehicles Transporting Explosives
§17C-15-43. Vehicles to Be Equipped With Safety Belts
§17C-15-45. Certification Labels on Mopeds
§17C-15-46. Child Passenger Safety Devices Required; Child Safety Seats and Booster Seats
§17C-15-47. Commercial Towing Vehicles to Employ Safety Chains
§17C-15-49a. Admissibility of Use or Nonuse of Safety Belts in Civil Actions