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Old 04-30-2010, 01:55 PM   #15
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As I said. the written law.. That is a fine and perhaps a point or two on your license.

The "Unwritten" law.... The penalty can be Death, or WORSE!

Wear your seat belts.

Pigman.. Thanks for the support on that

I have 25 years as a police dispatcher sending out officers and ME's to mop up after folks who did not think a seat belt was needed.. In some cases had they been belted there would not have even BEEN an accident. let alone a fatal one.
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Old 04-30-2010, 02:26 PM   #16
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OK just for kicks I called a friend who's brother is a police officer in a suburb city of San Diego, not CHP. He called his brother and this is what he said; RV seat belt laws are very gray. It is mandatory if you are sitting in either the drivers seat or the front passengers seat. Those are considered vehicle seats and you will be sited if not wearing a seat belt. Also children need to be restrained up to age 16. But once behind the drivers compartment those seats are actually in the house section of the vehicle and laws are different, and this is where the gray area is. He said he does not know of an officer that has written a ticket for someone who is in the house compartment of the RV for not having a seat belt. If the owner of the RV fought the ticket they would probably win, because you are legally able to move about the coach. He also said searching a RV is different then searching a car too. Because an RV is considered a personal living space (House) they could need a search warrant to be able to search this area. Also it would be to dangerous for an officer to ever enter a RV as someone could be hiding and ambush the officer. So unless the officer feels they need to enter they wont, and if they did they would have several back up unit on the scene.

Also he said because of the size of RV's many officers wont stop one unless they are blatantly braking the law. Because officers have to approach from the passenger side and the office cant see the driver from there. Also the officer cant see what or who is in the back part of the RV.

So bottom line is wear a seat belt if possible as they save lives and dont do anything stupid and you should be just fine. I you are walking in a RV or if your in a location that does not have a seat belt, be cautious, but you should not be ticketed in California.
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Old 05-03-2010, 08:47 PM   #17
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California law requires all occupants of a motor vehicle to wear seatbelts except for specific exceptions of which a motorhome is not one.
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Old 05-03-2010, 10:12 PM   #18
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Quote:
Originally Posted by Forest Grump View Post
California law requires all occupants of a motor vehicle to wear seatbelts except for specific exceptions of which a motorhome is not one.
As has been said, the "vehicle" ends just behind the front 2 seats. The area behind it is not covered by Federal Motor Vehicle Safety Standards, and in many states is seen as living space, in other words a house. In other states, the law just doesn't adequately address the area. Cops and Judges don't want to go there because they know the case will be a waste of time.

Wear the belts and use some common safety sense, but don't expect the law to drive this one. It does not now, and probably won't for a number of years to come.

John
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Old 05-03-2010, 10:26 PM   #19
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In CA it is covered by the law, as I said. All passengers must buckle up, it is the law.
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Old 05-03-2010, 10:53 PM   #20
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California vehicle code.

27315.
(d) (1) ) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt.

Note: Choldren thpse under 16 are covered by the child safety laws of CA.

362. A "house car" is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car except that, for the purposes of Division 11 (commencing with Section 21000) and Division 12 (commencing with Section 24000), a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration.

So in CA to be in conformance with State law everyone must buckle up.
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Old 05-04-2010, 11:47 AM   #21
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Originally Posted by Forest Grump View Post
California vehicle code.

27315.
(d) (1) ) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt.

Note: Choldren thpse under 16 are covered by the child safety laws of CA.

362. A "house car" is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car except that, for the purposes of Division 11 (commencing with Section 21000) and Division 12 (commencing with Section 24000), a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration.

So in CA to be in conformance with State law everyone must buckle up.
False! False! False!

OK Even though I spoke to my friends brother who is a local city police officer, I just called the El Cajon CHP office and spoke with CHP Officer Koney. Here is what he said regarding seat belts in RV's.

In California, in a Motorhome, Only the Driver and Passenger in the Drivers Area MUST wear seat belts. Period! Even if your RV has seat belts in the house section of the Motorhome you are not by state law, required to wear them. Because of this even a child is not required by law to be seat belted in, unless they are sitting in the drivers area passengers seat. Even though Federal Law has required RV manufactures to add extra seat belts there is no standard as to where they are placed. Some RV's will have seat belts in the couch and some will not. Some have them at the kitchen table and some do not. It is also legal to walk about in a moving RV, children included.

A camper on the back of a pick-up truck follows the same rules as a motorhome. Only the driver compartment is required to wear seat belts. Same with a Fifth wheel travel trailer. You may be in a fifth wheel trailer while traveling down the road.

Now a bumper hitch tow behind trailer, it is illegal to occupy the trailer while traveling.

If you do not believe what I have posted or question this please call your local CHP office and ask to speak to an officer. They can tell you what I was told today by CHP Officer Koney. And Officer Koney stated like we have all been saying if you have seat belts you mine as well use them as they do save life's. But you will not be ticketed if your passengers are not belted in.


BTW my 2003 Fleetwood Southwind sleeps 6, yet the factory only installed 5 seat belts. 2 in the drivers compartment, 2 on the couch and 1 at the kitchen table.
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Old 05-04-2010, 03:03 PM   #22
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He is only telling you what they enforce, hence the word must. The laws are as written above.

BTW many CHP's and for that matter many lawyers don't know the law. That is why in every cause one side is wrong and the other is right.
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Old 05-04-2010, 09:28 PM   #23
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You can't teach someone who doesn't want to learn, Dezertcamper. I think most folks looking at the thread understand.

John
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Old 05-04-2010, 10:27 PM   #24
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[QUOTE=Pigman;636313]You can't teach someone who doesn't want to learn, Dezertcamper. I think most folks looking at the thread understand.

No sense in learning something that isn't correct. The two laws above are pretty clear. If you are in California and do not want to risk a citation buckle up. If you would like to test the law put a sign on your RV saying your passengers are not buckled up and see what happens.

Citations are an officers prerogative. Officers often have to look up the code and then decide if a violation exists and then if it merits a citation. The officer the above person spoke to doesn't believe it is. He probably was the one who passed me going code three in the wrong lane on 38 passing miles of stopped cars and asked what the problem was. Problem was he was not where he was supposed to be, directing traffic up ahead.

California law says a DP Placard must be hung on the mirror or placed on the dash when parking in a DP spot. Some won't write this ticket. Some do.
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Old 05-05-2010, 01:01 AM   #25
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Forest Grump, What I dont understand is why two different police officers in different jurisdictions in different departments both stated the same thing too me. The only seats in an RV that the CHP and local PD state you must wear a seat belt are in the drivers area/compartment. The California Recreational Vehicle Handbook stated due to Federal Law RV's dont all have seat belts and the state law cant supersede Federal law, so the California DMV "Suggests" that if your have seat belts to wear them as they could save a life.

In a state that is hurting for money and would love nothing more then to ticket you and me to make more revenue, why would they say you are not required to wear a seat belt in the coach part of a Motorhome? Maybe its a conspiracy and they are tricking me so they can ticket me? Yeah I dont think so!

Also Forest Grump you stated that many Police officers and Lawyers both dont know the laws, so what makes you more knowledgeable then them? Also you only quoted part of the seat belt vehicle code VS27315 and you also posted section 362, but nowhere in 362 does it say that all occupants must wear a seat belt. All section 362 is a description of what a housecar is. The California DMV has a specific RV handbook which I have posted and stated several times. In that handbook under seat belts nowhere does it say it is mandatory to wear seat belts in the coach. It talks about Federal law and how it is "suggested" to wear a seat belt if available.

I guess we will both agree to disagree. But since you are in Big Bear Lake why dont you call the San Bernardino CHP office and ask them? If you chose too, please post the officers name and what he tells you.
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Old 05-05-2010, 11:36 AM   #26
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OK today I called the San Bernadino CHP office and spoke with Officer Fonzy. I asked him in a class A or Class C motorhome what passengers are required by law to wear a seat belt?

Officer Fonzy said ONLY the driver and front passenger are required by California State law to wear a seat belt. Anyone seated behind the drivers area is NOT required by California State law to wear a seat belt.

So now I have checked with 3 different Police Departments in 3 different jurisdictions and all three have said the same thing. Only the driver and front passenger are required by law to wear a seat belt in a RV.

I guess it is possible that all three Police departments are wrong and they dont know the California State laws, but I think it is pretty safe to think they are correct and I will go with what they say vs. what a non Police Officer / Lawyer has stated above.
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Old 05-05-2010, 12:02 PM   #27
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In Ohio only the two front seat passengers are required to wear seat belts - that being said it's really a common sense issue - wear the belts when provided.
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Old 05-06-2010, 07:13 AM   #28
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I still don't know how EFFECTIVE the seat belts behind the cab area are.....nor what the specific laws are from one state to another - nor do I care.........I would wear a seat belt ANYWHERE I am seated in the MH. I also don't walk around inside when it is moving down the road no matter HOW smooth the ride. I want to be around to enjoy the destination.......
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