Not sure where to post this so here goes.I was pulled over in NY state for a traffic violation -- coasted down a hill and was stopped for speeding. The officer came up to the side window and after asking for the necessary documentation asked if there was anyone else in the motor home. I said yes and pointed to my partner who was sitting in the bucket seat behind the passenger seat.She had recently undergone major foot surgery and had turned the passenger seat around so she could rest her foot on it. She had on her factory seat belt but the officer said it was illegal. No explanation from him.Does this mean that you cannot have passengers belted in on the 2nd passenger seat and/or sofa or dinette where seat belts are provided?He made sure she moved up to the front seat before he allowed me to move.The speeding violation was not out of reach but this county added a $93 surcharge on the fine. That upset me. And with the Canadian dollar at $.75 US it sure added up.

Did you ask him why it is illegal? I would contact him or his department and inquire.I don't know why it matters where you sit as long as you're wearing the seat belt.Maybe a member familiar with NY laws will respond with an answer.

It used to be the law in New York State that only front seat adults had to be wearing a seat belt. Adults in the back seat did not have to buckle up. NY seat belts

This is one I want an answer to also. If said passenger was in a seat installed by the manufacturer and using the seatbelt (or other passenger restraint system) also installed by the manufacturer, it has to be legal unless New York has recently adopted new laws that make no sense what so ever. (But then, this is NY we are talking about.) Matt - a refugee of the east coast

rgatijnet1 wrote:It used to be the law in New York State that only front seat adults had to be wearing a seat belt. Adults in the back seat did not have to buckle up. NY seat beltsIt says, 'every occupant regardless of age or seating position must be restrained.' It does not dictate where you must sit in the vehicle.Interesting. Hopefully someone has the answer. Or maybe the LEO was wrong?

Sorry to hear of your troubles and hope you get clarification. Not being from NY, I can't help with that. But I can tell you that you need to be especially careful to be a good boy should you travel through Virginia, which outdid the $93 surcharge thing a couple years ago. Get a ticket HERE, and expect that surcharge to run several HUNDRED dollars. I think it is like $300 or so now, but I might be off on that. Clearly we have legislators trying to raise the maximum amount of revenue from folks who can't vote 'em out of office, although those charges do apply to residents as well as travelers passing through.

Traffic violation in a Class A | Good Sam Community

chuckftboy
Explorer
Nov 20, 2015
This entire post goes on the assumption that all LEO's know the law. You were busted for speeding, so the fine is all on you. The cop was making an assumption on what was legal for the rear passenger and was simply wrong. He probably thought if he made a big deal out of the seat belt, you would gladly pay the speeding fine, thinking he was giving you a brake on the seat belt.

We all know what the say about ASSUME.
dons2346
Explorer
Nov 20, 2015
So....a speeding ticket. No big deal, just think of all the times you were speeding and didn't get caught.

Now days there is the fine for the violation $$xx.00 and then there are the "court" costs which are $xxx.00

Only thing you can do is grin and bare it.
Wishbone51
Explorer
Nov 20, 2015
coolmom42 wrote:
mayble wrote:
My guess is that the officer was objecting to the rotated front (cockpit) passenger seat.
It's my impression that the front passenger seat has to be facing forward while in motion, whether occupied or not. Airbags and what not. (Although since many of us are driving dinosaurs built before airbags were invented, you'd think the rules wouldn't apply to those vehicles.)
Of course I could be way off base.

I think this may be correct.

The passenger was not sitting in a seat that was turned around. The empty seat was turned around.

Also, what about all those old station wagons with the rear-facing seats? It's also legal in most places to have a rear-facing seat in the bed of a truck if there are restraints.
Matt_Colie
Explorer II
Nov 20, 2015
Dream_Chaser,

I just got off the phone with a nephew that was NYSP, and he cannot explain this except that it was a "safe catch". Safe Catch means he is pretty sure that you won't come back to fight the charge, just "Nolo Contendere" and give them the money.

So, please post the jurisdiction that this occurred so we can all avoid the area. I would ask for the officers name and badge, but that might get dicey.

Matt
jwmII
Explorer
Nov 20, 2015
Sorry to hear you are mailing in payment today. I recommend fighting every ticket regardless what it is for. Others on here are right when they say the cop was on a fishing expedition to gather revenue for the jurisdiction. This is just as wrong as you supposedly speeding. We have learned about 2 states to avoid tho. New York and Ohio. There are probably others as well.
OH48Lt
Explorer
Nov 20, 2015
Sounds like the LEO gave you a break. Cited you for the speeding, warning on the *maybe* seat belt violation. You should be glad he didn't take you in for bond or lock you up on the speeding charge until the judge decided to see you. Here in Ohio in many court jurisdictions, the LEO takes your drivers license as bond, and you can drive on the ticket until the indicated court date on the ticket. Makes it a bit rough when you want to drive back into Canada with no DL on your person.

And it isn't just a Canadian thing, it often happens to Michigan residents because Michigan isn't a party to the Interstate Compact.

It would be nice to clarify the seat belt issue though, for your next jaunt through New York state.
Kidoo
Explorer
Nov 20, 2015
Or a Canadian plate, you never know, trying to pull a rabbit from the hat.
Dream_Chaser_
Explorer
Nov 20, 2015
The LEO only told me it was illegal for the passenger to be in the 2nd passenger seat but did not give an explanation. The passenger was belted in and the officer stated that it did not matter. I did not want to get into a pi--ing match with him and go to jail until the matter was resolved.

He did say, when he gave me the speeding ticket, that he was giving me a warning on the seat violation.

The cheque goes in the mail today and I am going to include a letter asking for and explanation.

Here is another stupid -- the form asking for the fee says I am to include a self-addressed and stamped envelope. How I am supposed to purchase a US stamp in Canada?

I'll keep everyone posted.
coolmom42
Explorer II
Nov 20, 2015
mayble wrote:
My guess is that the officer was objecting to the rotated front (cockpit) passenger seat.
It's my impression that the front passenger seat has to be facing forward while in motion, whether occupied or not. Airbags and what not. (Although since many of us are driving dinosaurs built before airbags were invented, you'd think the rules wouldn't apply to those vehicles.)
Of course I could be way off base.

I think this may be correct.

The passenger was not sitting in a seat that was turned around. The empty seat was turned around.
creeper
Explorer
Nov 20, 2015
Steeljag wrote:
J-Rooster wrote:
Anytime that you get pulled over by a LEO your subjecting yourself to what LEO's call a fishing trip! They look for anything that they can find that's unlawful to them!

Good! Let's keep the criminals on guard all the time! Haven't been stopped in 30 years, and probably should have a few times...lol. When and if I do get stopped and the LEO wants to check my rig....have at it!

In my 21 years of Law enforcement I've never heard any of my co workers call it a "fishing trip". If you're stopped and see other violations then they are addressed.

It sounds like a misunderstanding between the operator and officer. Which is common as people are usually nervous when pulled over and may not have expressed clearly that the passenger was belted in or the officer misunderstood that the passenger was belted in. If they were even belted in. It's amazing how a story changes when people tell their friends what happened.

Being in the back belted in is not different then being in the back seat.

Forum Discussion

Traffic violation in a Class A

About Motorhome Group

Related Content

Louisville traffic

Glenwood Springs Traffic Mess

traffic lights meltring

peak traffic times in cities

Mex 57 traffic