A.  1.  Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle or a passenger vehicle operated in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R., Section 571.208.

2.  For the purposes of this section, "passenger vehicle" shall mean a Class D motor vehicle, but shall not include trucks, truck-tractors, recreational vehicles, motorcycles, or motorized bicycles, or a vehicle used primarily for farm use which is registered and licensed pursuant to the provisions of Section 1134 of this title.

B.  The Commissioner of Public Safety, upon application from a person who, for medical reasons, is unable to wear a safety seat belt system supported by written attestation of such fact from a physician licensed pursuant to Section 495 of Title 59 of the Oklahoma Statutes, may issue to the person an exemption from the provisions of this section. The exemption shall be in the form of a restriction appearing on the driver license of the person and shall remain in effect until the expiration date of the driver license.  Nothing in this subsection shall be construed to prevent the person from applying for another exemption as provided for in this section. The issuance of an attestation by a physician and the subsequent issuance of an exemption by the Commissioner, in good faith, shall not give rise to, nor shall the physician and the state thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of failure of the person to wear a safety seat belt system.

C.  This section shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. Postal Service.

D.  The Department of Public Safety shall not record or assess points for violations of this section on any license holder's traffic record maintained by Service Oklahoma.

E.  Fine and court costs for violating the provisions of this section shall not exceed Twenty Dollars ($20.00).

F.  Municipalities may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under provisions of this section, but the provisions of those ordinances shall be the same as provided for in this section, and the enforcement provisions under those ordinances shall not be more stringent than those of this section.

Historical Data

Laws 1985, HB 1328, c. 123, § 2, eff. February 1, 1987; Amended by Laws 1988, HB 1093, c. 271, § 2, eff. March 1, 1989; Amended by Laws 1997, HB 1443, c. 290, § 1, eff. November 1, 1997 (superseded document available); Amended by Laws 2000, SB 891, c. 99, § 4, eff. November 1, 2000 (superseded document available); Amended by Laws 2002, HB 1982, c. 35, § 1, eff. November 1, 2002 (superseded document available); Amended by Laws 2005, HB 1502, c. 190, § 10, eff. September 1, 2005 (superseded document available); Amended by Laws 2012, SB 448, c. 207, § 7, emerg. eff. May 8, 2012 (superseded document available); Amended by Laws 2022, HB 3419, c. 282, § 97, emerg. eff. May 19, 2022 (superseded document available).