OCGA 40-6-76: Safety belts required as equipment; safety
restraints for children
(a)No new private passenger automobile manufactured after January 1, 1964, shall be sold
to the general public in this state unless such automobile shall be equipped with two sets of
safety belts for the front seat thereof. The safety belts may be installed by the manufacturer
prior to delivery to the dealer, or they may be installed by the dealer.
(b)(1) Every driver who transports a child under eight years of age in a passenger
automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1
or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle
is in motion and operated on a public road, street, or highway of thisstate, provide for the
proper restraint of such child in a child passenger restraining system appropriate for such
child's height and weight and approved by the United States Department of Transportation
under provisions of Federal Motor Vehicle Safety Standard 213 ineffect on January 1, 1983,
or at the time of manufacture, subject to the following specific requirements and exceptions:
(A)Any such child weighing at least 40 pounds may be secured by a lap belt when:
(i)The vehicle is not equipped with both lap and shoulder belts; or
(ii)Not including the driver's seat, the vehicle is equipped with one or more lap and
shoulder belts that are all being used to properly restrain other children;
(B)Any such child shall be properly restrained in a rear seat of the motor vehicle consistent
with the requirements of this paragraph. Ifthe vehicle has no rear seating position
appropriate for correctly restraining a child orall appropriate rear seating positions are
occupied by other children, any such child may be properly restrained in a front seat
consistent with the requirements of this paragraph;
(C)A driver shall not be deemed to be complying with the provisions of this paragraph
unless any child passenger restraining system required by this paragraph is installed and
being used in accordance with the manufacturer's directions for such system; and
(D)The provisions of this paragraph shall not apply when the child's parent or guardian
either obtains a physician's written statement that a physical or medical condition of the child
prevents placing or restraining him or her in the manner required by this paragraph. If the
parent or guardian can show the child's height is over 4 feet and 9 inches, such child shall be
restrained in a safety belt as required in Code Section 40-8-76.1.
(2)Upon a first conviction of an offense under this subsection, the defendant shall be
punished by a fine of not more than $50.00, except in the case of a child who is six or seven
years of age, if the defendant shows to the court having jurisdiction ofthe case that a child
passenger restraining system meeting the applicable requirements of this subsection has
been purchased by him or her after the time of the offense and prior to the court
appearance, the court may waive or suspend the fine for such first conviction. This exception
shall apply until January 1, 2012. Upon a second or subsequent conviction of an offense
under this subsection, the defendant shall be punished by a fine of not more than $100.00.
No court shall impose any additional fees or surcharges to a fine for such a violation. The
court imposing a fine for any violation of this Code section shall forward a record of the
disposition of the cases to the Department of Driver Services for the sole purpose of data
collection on a county by county basis.
(c)Violation of this Code section shall not constitute negligence per se nor contributory
negligence per se. Violation of subsection (b) ofthis Code section shall not be the basis for
cancellation of coverage or increase in insurance rates.
(d)The provisions of this Code section shall not apply to buses, as defined in paragraph (7)
of Code Section 40-1-1, used in the transport of children over four years of age until July 1,
2012, provided that the bus is operated by a licensed or commissioned child care facility, has
a current annual transportation safety inspection certificate as required by the appropriate
licensing body, and has evidence of being inspected for use by a child care facility. If the bus
is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction
school activities bus, as defined in 49 C.F.R. 571.3(B), each child over four years of age and
under eight years of age shall be properly restrained by a child passenger restraining system.
Multifunction school activities buses, as defined in 49C.F.R. 571.3(B), shall not be required
to transport children five years of age or older in a child passenger restraining system.
OCGA 40-6-76.1: Use of safety belts in passenger vehicles
(a)As used in this Code section, the term "passenger vehicle" means every motor vehicle,
including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry
15 passengers or fewer and used for the transportation of persons; provided, however, that
such term shall not include motorcycles; motor driven cycles; or off-roadvehicles or pickup
trucks being used by an owner, driver, or occupant 18 years of age orolder in connection
with agricultural pursuits thatare usual and normal to the user's farming operation; and
provided, further, that such term shall not include motor vehicles designed to carry 11 to 15
passengers which were manufactured prior to July 1, 2015, and which, as of such date, did
not have manufacturer installed seat safety belts.
(b)Each occupant of the front seat of a passenger vehicle shall, while such passenger
vehicle is being operated on a public road, street, or highway of this state, be restrained by a
seat safety belt approved under Federal Motor Vehicle Safety Standard 208.
(c)The requirement of subsection (b) ofthis Code section shall not apply to:
(1)A driver or passenger frequently stopping and leaving the vehicle or delivering property
from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per
(2)A driver or passenger possessing a written statement from a physician that such person
is unable, for medical or physical reasons, to wear a seat safety belt;
(3)A driver or passenger possessing an official certificate or license endorsement issued by
the appropriate agency in another state or country indicating that the driver is unable for
medical, physical, or other valid reasons to wear a seat safety belt;
(4)A driver operating a passenger vehicle in reverse;
(5)A passenger vehicle with a model year prior to 1965;
(6)A passenger vehicle which is not required to be equipped with seat safety belts under
(7)A passenger vehicle operated by a rural lettercarrier of the United States Postal Service
while performing duties as a rural letter carrier;
(8)A passenger vehicle from which a person is delivering newspapers; or
(9)A passenger vehicle performing an emergency service.
(d)The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a
motor vehicle which has a seat safety belt or belts shall not be considered evidence of
negligence or causation, shall not otherwise beconsidered by the finder of fact on any
question of liability of any person, corporation, or insurer, shall not be any basis for
cancellation of coverage or increase in insurance rates, and shall not be evidence used to
diminish any recovery for damages arising out ofthe ownership, maintenance, occupancy, or
operation of a motor vehicle.
(e)(1)Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person
failing to comply with the requirements of subsection (b) of this Code section shall not be
guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this
Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57.
(2)A person failing to comply with the requirements of subsection (b) of this Code section
shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction
thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17
and any other provision of law to the contrary notwithstanding, the costs of such prosecution
shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such
offense be assessed against a person for conviction thereof. The court imposing such fine
shall forward a record of the disposition of the caseof failure to wear a seat safety belt to the
Department of Driver Services.
(3)Each minor eight years of age or older who is an occupant of a passenger vehicle shall,
while such passenger vehicle is being operated on a public road, street, or highway of this
state, be restrained by a seat safety beltapproved under Federal Motor Vehicle Safety
Standard 208. In any case where a minor passenger eight years of age or older fails to
comply with the requirements of this paragraph, the driver of the passenger vehicle shall be
guilty of the offense of failure to secure a seat safety belt ona minor and, upon conviction
thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a
record of the court disposition of the case of failure to secure a seat safety belt on a minor to
the Department of Driver Services.
(f)Probable cause for violation of this Codesection shall be based solely upon a law
enforcement officer's clear and unobstructed viewof a person not restrained as required by
this Code section. Noncompliance with the restraint requirements of this Code section shall
not constitute probable cause for violation of any other Code section.