Man Ticketed For Wearing Seatbelt

Friday, September 14th 2007, 5:00 pm

By: News On 6

A Green Country man is disgusted after getting a ticket for not wearing his seatbelt, because he had it on and buckled when he got the ticket. News On 6 crime reporter Lori Fullbright reports many people think as long as you have on your belt, you're complying with the law, but just having it clicked is not enough.

Duane Boynton of Collinsville leads a busy life. In addition to his garden he loves to bird hunt and plays guitar in a country band. He's not your typical law breaker, and that's why he was surprised when he recently got a ticket while he and a buddy were headed to a dove hunt in Kansas.

"We were almost to Pawhuska when we saw a trooper coming. My partner and I always wave at officers of the law, always do, they need a little respect because it's a tough job they do,â€ said Duane Boynton of Collinsville. â€œThey slowed down and turned around and start towards us."

Boynton and his buddy knew they weren't speeding, so they were surprised to be pulled over. The troopers said the reason was because Duane, who was in the passenger seat, did not have his seatbelt on, but Duane did have his seatbelt on, he just had the strap under his arm.

"I said I've had this seatbelt on the whole time, and he said well, you don't have it on properly. I said the reason I have it under my arm is because it's hurting my shoulder," said Boynton.

Duane says the trooper told him he'd need a note from his doctor to wear the seatbelt under his arm and wrote him a $20 ticket. Police say not wearing a seatbelt under the arm is also for safety, because if you have it under your arm and you're in a wreck it could break your ribs and even puncture a lung.

Duane paid the ticket rather than spend the time and money fighting it, although it left a sour taste in his mouth.

"Just kinda disgusted,â€ he said. â€œIn fact, I told my buddy I'm never going to wave at an officer of the law anymore, nah, I still will."

Oklahoma's seatbelt law says a properly adjusted safety restraint system must be worn. A police officer we spoke to says their interpretation of a properly adjusted seatbelt is one that is clicked and across your shoulder.

Watch the video: Troopers Ticket Man For Wearing Seatbelt

Oklahomaâ€™s seatbelt law reads as followsâ€¦

SECTION 740. MANDATORY SEAT BELT USE

A. Every operator and front seat passenger of a passenger car operated in the City shall wear a properly adjusted and fastened safety seat belt system, installed in any motor vehicle manufactured after January 1, 1972, or required to be installed in the motor vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208, 49 Code of Federal Regulations, Â§ 571.208. For the purposes of this section, "passenger car" shall mean "vehicle" as defined in 47 O.S.Supp.1996, Â§ 1102, except that "passenger car" shall not include trucks, truck-tractors, recreational vehicles, motorcycles, motorized bicycles, or vehicles used primarily for farm use and licensed pursuant to the provisions of 47 O.S.Supp.1996, Â§ 1134.

B. This section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in this state that he is unable to wear a safety seat belt system for medical reasons; provided, however, that the issuance of such verification by a physician, in good faith, shall not give rise to nor shall such physician thereby incur any liability whatsoever in damages or otherwise to any person injured by reason of such failure to wear a safety seat belt system.

C. This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service.

D. Any person violating this section shall be guilty of an offense and upon conviction thereof shall be punished by a fine not exceeding TWENTY DOLLARS ($20.00), including court costs.

Ord. Nos. 17006, 18454, 19116