Arizona Laws 28-909. Vehicle restraints required; exceptions; civil penalty
A. Each front seat occupant of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 C.F.R. § 571.208 shall either:
Terms Used In Arizona Laws 28-909
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Automated driving system: means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain. See Arizona Laws 28-101
- Autonomous vehicle: means a motor vehicle that is equipped with an automated driving system. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles. See Arizona Laws 28-601
- Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-601
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.
2. If only a lap belt is installed where the occupant is sitting, have the lap belt properly adjusted and fastened while the vehicle is in motion.
B. The operator of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 C.F.R. § 571.208 shall require each passenger under sixteen years of age to either:
1. Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.
2. If only a lap belt is installed where the passenger is sitting, have the lap belt properly adjusted and fastened while the vehicle is in motion.
C. A peace officer shall not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of this section unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.
D. If a person is found responsible for a civil traffic violation under this section, a department or agency of this state shall not consider the violation for the purpose of determining whether the person’s driver license should be suspended or revoked. A court shall not transmit abstracts of records of violations of this section to the department.
E. An insurer shall not consider a civil traffic violation under this section as a traffic violation against the person for the purposes of establishing rates for motor vehicle liability insurance or determining the insurability of the person. An insurer shall not cancel or refuse to renew any policy of insurance because of the violation.
F. This section does not apply to:
1. A child subject to the requirements of section 28-907.
2. A person possessing a written statement from a physician or a registered nurse practitioner that the person is unable for medical or psychological reasons to wear a lap and shoulder belt or a lap belt.
3. A letter carrier of the United States postal service while the letter carrier is performing the letter carrier’s duties.
G. If a person is found responsible for a civil traffic violation under this section, the person is subject to a maximum civil penalty of $10 for each violation.
H. The parent or guardian of a passenger under sixteen years of age or other adult accompanying the passenger under sixteen years of age may be issued a citation for a violation of subsection B of this section that occurs in a fully autonomous vehicle operating with the automated driving system engaged.