Idaho State Statutes - Idaho Attorney Directory

(1) Except as provided in section 49-672,
Idaho Code, and subsection (2) of this section, each occupant of a motor
vehicle which has a gross vehicle weight of not more than eight thousand
(8,000) pounds, and which was manufactured with safety restraints in
compliance with federal motor vehicle safety standard no. 208, shall have a
safety restraint properly fastened about his body at all times when the
vehicle is in motion.
(2) The provisions of this section shall not apply to:
(a) An occupant of a motor vehicle who possesses a written statement from
a licensed physician that he is unable for medical reasons to wear a
safety restraint;
(b) Occupants of motorcycles, implements of husbandry and emergency
vehicles;
(c) Occupants of seats of a motor vehicle in which all safety restraints
are then properly in use by other occupants of that vehicle; or
(d) Mail carriers.
(3) (a) A citation may be issued to:
(i) Any occupant of the motor vehicle aged eighteen (18) years or
older who fails to wear a safety restraint as required in this
section; and
(ii) The operator of the motor vehicle if the operator is aged
eighteen (18) years or older and any occupant under eighteen (18)
years of age fails to wear a safety restraint as required in this
section. For purposes of this paragraph (a)(ii), it shall be deemed a
single violation regardless of the number of occupants not properly
restrained.
(b) A person issued a citation pursuant to this subsection shall be
subject to a fine of ten dollars ($10.00), with five dollars ($5.00) of
such fine to be apportioned to the catastrophic health care cost fund, as
set forth in section 57-813, Idaho Code. A conviction under this
subsection shall not result in violation point counts as prescribed in
section 49-326, Idaho Code, nor shall such a conviction be deemed to be a
moving traffic violation for the purpose of establishing rates of motor
vehicle insurance charged by a casualty insurer.
(4) A citation may be issued to the operator of the motor vehicle if the
operator is under eighteen (18) years of age and the operator or any other
occupant who is under eighteen (18) years of age fails to wear a safety
restraint as required in this section. For purposes of this subsection, it
shall be deemed a single violation regardless of the number of occupants not
properly restrained. A person issued a citation pursuant to this subsection
shall be subject to a fine of ten dollars ($10.00), five dollars ($5.00) of
such fine to be apportioned to the catastrophic health care cost fund as set
forth in section 57-813, Idaho Code, plus court costs. A conviction under this
subsection shall not result in violation point counts as prescribed in section
49-326, Idaho Code. In addition, a conviction under this subsection shall not
be deemed to be a moving traffic violation for the purpose of establishing
rates of motor vehicle insurance charged by a casualty insurer.
(5) Enforcement of this section by law enforcement officers may be
accomplished only as a secondary action when the operator of the motor vehicle
has been detained for a suspected violation of another law.
(6) The department shall initiate and conduct an educational program, to
the extent sufficient private donations or federal funds for this specific
purpose are available to the department, to encourage compliance with the
provisions of this section and to publicize the effectiveness of use of safety
restraints and other restraint devices in reducing risk of harm to occupants
of motor vehicles.
(7) The department shall evaluate the effectiveness of the provisions of
this section and shall include a report of its findings in its annual
evaluation report on the Idaho highway safety plan which it submits to the
national highway traffic safety administration and federal highway
administration pursuant to 23 U.S.C. section 402.
(8) The failure to use a safety restraint shall not be considered under
any circumstances as evidence of contributory or comparative negligence, nor
shall such failure be admissible as evidence in any civil action with regard
to negligence.

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