(A) A person shall not operate a passenger vehicle on a public street or highway unless the person, any passenger in the back seat under 18 years of age, and any passenger in the front seat of such passenger vehicle is restrained by a safety belt meeting applicable federal motor vehicle safety standards. For the purposes of this section, PASSENGER VEHICLE means a motor vehicle which is designed for transporting ten passengers or less, including the driver, except that such 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 shall 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 herein 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 such safety belt if the condition is duly certified by a physician who shall state the nature of the disability as well as the reason such restraint is inappropriate.
(C) A person may not operate a passenger vehicle on a public street or highway of the 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 division (C), 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 division (C) apply to all passenger vehicles manufactured after January 1, 1967, and being 1968 models and newer.
(W. Va. Code § 17C-15-49a)
(D) Notwithstanding any other provision of this code to the contrary, no points may be entered on any driver’s record maintained by the Division of Motor Vehicles as a result of a violation of this section.
(E) Nothing contained in this section shall be construed to abrogate or alter the provisions of § 73.31 relating to the mandatory use of child passenger safety devices.
(W. Va. Code § 17C-15-49)
(F) Any person who violates the provisions of this section shall be fined not more than $25. No court costs or other fees shall be assessed for a violation of this section.
(Res. passed 6-3-2019)