                                 CODE OF VIRGINIA

OCCUPANTS OF FRONT SEATS OF MOTOR VEHICLES REQUIRED TO USE SAFETY LAP BELTS AND
SHOULDER HARNESSES; PENALTY (§ 46.2-1094)

A. Any driver, and any other person at least 18 years of age and occupying a
seat, of a motor vehicle equipped or required by the provisions of this title to
be equipped with a safety belt system, consisting of lap belts, shoulder
harnesses, combinations thereof or similar devices, shall wear the appropriate
safety belt system at all times while the motor vehicle is in motion on any
public highway. A passenger under the age of 18 years, however, shall be
protected as required by the provisions of Article 13 (&#xA7; 46.2-1095 et seq.)
of this chapter.

B. This section shall not apply to:

   1. Any person for whom a licensed physician determines that the use of such
   safety belt system would be impractical by reason of such person&#8217;s
   physical condition or other medical reason, provided the person so exempted
   carries on his person or in the vehicle a signed written statement of the
   physician identifying the exempted person and stating the grounds for the
   exemption; or

   2. Any law-enforcement officer transporting persons in custody or traveling in
   circumstances which render the wearing of such safety belt system impractical;
   or

   3. Any person while driving a motor vehicle and performing the duties of a
   rural mail carrier for the United States Postal Service; or

   4. Any person driving a motor vehicle and performing the duties of a rural
   newspaper route carrier, newspaper bundle hauler or newspaper rack carrier; or

   5. Drivers of and passengers in taxicabs; or

   6. Personnel of commercial or municipal vehicles while actually engaged in the
   collection or delivery of goods or services, including but not limited to
   solid waste, where such collection or delivery requires the personnel to exit
   and enter the cab of the vehicle with such frequency and regularity so as to
   render the use of safety belt systems impractical and the safety benefits
   derived therefrom insignificant. Such personnel shall resume the use of safety
   belt systems when actual collection or delivery has ceased or when the vehicle
   is in transit to or from a point of final disposition or disposal, including
   but not limited to solid waste facilities, terminals, or other location where
   the vehicle may be principally garaged; or

   7. Any person driving a motor vehicle and performing the duties of a utility
   meter reader; or

   8. Law-enforcement agency personnel driving motor vehicles to enforce laws
   governing motor vehicle parking.

C. Any person who violates this section shall be subject to a civil penalty of
twenty-five dollars to be paid into the state treasury and credited to the
Literary Fund. No assignment of demerit points shall be made under Article 19 of
Chapter 3 (&#xA7; 46.2-489 et seq.) of this title and no court costs shall be
assessed for violations of this section.

D. A violation of this section shall not constitute negligence, be considered in
mitigation of damages of whatever nature, be admissible in evidence or be the
subject of comment by counsel in any action for the recovery of damages arising
out of the operation, ownership, or maintenance of a motor vehicle, nor shall
anything in this section change any existing law, rule, or procedure pertaining
to any such civil action.

E. A violation of this section may be charged on the uniform traffic summons
form.

F. No law-enforcement officer shall stop a motor vehicle for a violation of this
section. No evidence discovered or obtained as the result of a stop in violation
of this subsection, including evidence discovered or obtained with the
operator&#8217;s consent, shall be admissible in any trial, hearing, or other
proceeding.

G. The governing body of the City of Lynchburg may adopt an ordinance not
inconsistent with the provisions of this section, requiring the use of safety
belt systems. The penalty for violating any such ordinance shall not exceed a
fine or civil penalty of twenty-five dollars.

HISTORY: 1987, c. 538, § 46.1-309.2; 1988, cc. 326, 344; 1989, c. 727; 1993, c.
591; 1997, c. 793; 2007, c. 813; 2010, c. 661; 2020, Sp. Sess. I, cc. 45, 51;
2025, c. 414.