(A) A person may not operate a passenger vehicle on a public street or highway of the town 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 ten 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 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 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.
(C) (1) A violation of this section is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages, and it is not admissible in mitigation of damages. Provided, the court may, upon motion of the defendant, conduct an in camera hearing to determine whether an injured party’s failure to wear a safety belt was a proximate cause of the injuries complained of.
(2) Upon a finding by the court, the court may then, in a jury trial by special interrogatory to the jury, determine:
(a) That the injured party failed to wear a safety belt; and
(b) That the failure to wear the safety belt constituted a failure to mitigate damages.
(3) The trier of fact may reduce the injured party’s recovery for medical damages by an amount not to exceed 5% thereof. In the event the plaintiff stipulates to the reduction of 5% of medical damages, the court shall make the calculations and the issue of mitigation of damages for failure to wear a safety belt may not be presented to the jury. In all cases, the actual computation of the dollar amount reduction shall be determined by the court.
(D) Notwithstanding any other provision of this Traffic 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) The Governor’s Highway Safety Program, in cooperation with the 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) Nothing contained in this section abrogates or alters the provisions of § 72.190 of this code relating to the mandatory use of child passenger safety devices.
(Prior Code, § 345.35) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, 2-28-2020) Penalty, see § 72.999
Statutory reference:
Generally, see W. Va. Code § 17C-15-49