(A) (1) No person shall operate a passenger motor vehicle on any highway, as defined in Tenn. Code Ann. § 55-8-101(22), in the city unless such person and all passengers four years of age or older are restrained by a safety belt at all times the vehicle is in forward motion.
(2) No person four years of age or older shall be a passenger in a passenger motor vehicle on any highway, as defined in Tenn. Code Ann. § 55-8-101(22), in the city unless such person is restrained by a safety belt at all times the vehicle is in forward motion.
(B) (1) The provisions of this section shall apply only to the operator and all passengers occupying the front seat of a passenger motor vehicle.
(2) If the vehicle is equipped with a rear seat which is capable of folding, the provisions of this section shall only apply to front seat passengers and the operator if the back seat is in the fold down position.
(C) As used in this section, unless specified otherwise, PASSENGER CAR or PASSENGER MOTOR VEHICLE means any motor vehicle with a manufacturer’s gross vehicle weight rating of 8,500 pounds or less, that is not used as a public or livery conveyance for passengers. “Passenger car” or “passenger motor vehicle” does not apply to motor vehicles which are not required by federal law to be equipped with safety belts.
(D) This section does not apply to:
(1) A passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety seat or safety belt; provided that, such condition is duly certified in writing by a physician who shall state the nature of the handicap, as well as the reason such restraint is inappropriate;
(2) A passenger motor vehicle operated by a rural letter carrier of the United States postal service while performing the duties of a rural letter carrier;
(3) Salespersons or mechanics employed by an automobile dealer who, in the course of their employment, test-drive a motor vehicle, if such dealership customarily test-drives 50 or more motor vehicles a day, and if such test-drives occur within one mile of the location of the dealership;
(4) Utility workers, water, gas and electric meter readers in the course of their employment;
(5) A newspaper delivery motor carrier service while performing the duties of a newspaper delivery motor carrier service; provided that, this exemption shall only apply from the time of the actual first delivery to the customer until the last actual delivery to the customer;
(6) A vehicle in use in a parade if operated at less than 15 mph;
(7) A vehicle in use in a hayride if operated at less than 15 mph; or
(8) A vehicle crossing a highway from one field to another if operated at less than 15 mph.
(E) (1) Notwithstanding any provision of this section to the contrary, no person between 16 years of age and up to and through the age of 17 years of age, shall operate a passenger motor vehicle, or be a passenger therein, unless such person is restrained by a safety belt at all times the vehicle is in forward motion.
(2) Notwithstanding division (B)(1) above, the provisions of this division (E) shall apply to all occupants between 16 years of age and 18 years of age occupying any seat in a passenger motor vehicle.
(3) Notwithstanding § 71.99(C)(5)(a) of this chapter, a law enforcement officer observing a violation of this division (E) shall issue a citation to the violator, but shall not arrest or take into custody any person solely for a violation of this division (E).
(F) Notwithstanding the provisions of division (B) above, no person with a learner’s permit or an intermediate driver’s license shall operate a passenger motor vehicle in the city unless such person and all passengers between the ages of four and 17 years of age are restrained by a safety belt at all times the vehicle is in forward motion.
(G) There shall be a $5 fee from all seatbelt citation(s) fines for violators age 16 and above retained by the office of the Court Clerk for the city as set forth in Tenn. Code Ann. §§ 55-9-602 and 55-9-603
(1994 Code, § 15-126) (Ord. 674, passed 6-26-2007; Ord. 845, passed 9-23-2019) Penalty, see § 71.99