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  • Some of you georgia people help.

    What does the State of Georgia require for seat belts in old
    Studebakers ? I don't wanna get in trouble. How do they
    enforce the law ? Thanks

  • #2
    I would suggest putting them in.
    They can save lives.
    The legal question means nothing to an injured passenger or driver.

    http://www.gohs.state.ga.us/seatbeltlaw.html

    (Copy)
    Ga. L. 2000, pg. 763, Code 40-8-76, item 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.

    Ga. L. 2000, pg. 763, Code 40-8-76, item B

    (b)(1) Every driver who transports a child under six 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 this state, 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 in effect 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. If the vehicle has no rear seating position appropriate for correctly restraining a child or all 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 the 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 five years of age, if the defendant shows to the court having jurisdiction of the 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, 2005 . 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 annually to the Department of Public Safety 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) of this 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, 2007, 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 CFR 571.3(B), each child over four years of age and under six years of age shall be properly restrained by a safety belt. Multifunction school activities buses, as defined in 49 CFR 571.3(B), shall not be required to transport children five years of age in a child passenger restraining system.

    "
    Ga. L. 2000, pg. 763, Code 40-8-76.1, item 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 the Federal Motor Vehicle Safety Standard 208.

    Ga. L. 2000, pg. 763-764, Code 40-8-76.1, item C

    The requirement of (item B) of this Code shall not apply to:

    1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;

    2) A driver or passenger possessing a written statement from a physician that such a 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 federal law;

    7) A passenger vehicle operated by a rural letter carrier 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.


    Ga. L. 2000, pg. 764, Code 40-8-76.1, item 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 be considered 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 of the ownership, maintenance, occupancy, or operation of a motor vehicle.

    Ga. L. 2000, pg. 764, Code 40-8-76.1, item E


    1) Except in otherwise provided in paragraphs 2 & 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 violation for purposes of Code Section 40-5-57.

    2) (Effective July 1, 2000) 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 provisions 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 case of failure to wear a seat safety belt to the Department of Motor Vehicle Safety.

    3) (Effective July 1, 2004) (3) Each minor over six 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 belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger six 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 on a minor and, upon conviction thereof, may be fined not more than $ 1 5.00. 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 Motor Vehicle Safety.


    Ga. L. 2000, pg. 764, Code 40-8-76.1, item E

    Probable cause for violation of this Code section shall be based solely upon the law enforcement officer's clear and unobstructed view of a person not restrained as required by this Code section. Non-compliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any Code section.


    More GOHS Links


    Law Enforcement Services
    Child Safety Seat Fitting
    Georgia Traffic Injury Prevention Institute
    Strategic Highway Safety Plan
    Students Against Destructive Decisions
    Georgia Young Adult Program
    Georgia HEAT
    Distracted Driving/Cell Phone/Texting
    Super Speeder Law
    Move Over Law
    Motorcycle Safety
    Bicycle/Pedestrian Safety






    Originally posted by Flashback View Post
    What does the State of Georgia require for seat belts in old
    Studebakers ? I don't wanna get in trouble. How do they
    enforce the law ? Thanks
    Last edited by DEEPNHOCK; 02-23-2011, 01:52 PM. Reason: To correct an error
    HTIH (Hope The Info Helps)

    Jeff


    Get your facts first, and then you can distort them as much as you please. Mark Twain



    Note: SDC# 070190 (and earlier...)

    Comment


    • #3
      I've always been told that "If the car wasn't built with them, they aren't required by law".

      Still a good idea to have them.

      Comment


      • #4
        Good idea to have 'em, anyway. I put a pair in my 55, but they're just lap belts. I beat a charge once in Ontario. Found an exemption for a commercial vehicle doing less than 40 kph / 20 mph. I was in a car, but argued I was on the job and doing frequent stops. Worked for me, once, but I wouldn't try it again. Often the seatbelt charge is just a reason to stop you and look for something more substantial. I say leave the seatbelt issue alone and go after texters.
        Dave Warren (Perry Mason by day, Perry Como by night)

        Comment


        • #5
          We have this discussion pop up many times and the split is always the same.

          For me the passengers I carry (Grandkids) are way to precious to not have belts. Three point in the front of the 54K and Avanti and heavy lap belts in the back.

          Couldn't comprehend my thoughts if they got hurt without them in the car.

          Bob
          , ,

          Comment


          • #6
            Thanks guys. I found the Georgia state law after posting. I plan to install seat belts.
            However, I may not get them in before the Tifton S.E. zone meet. I will probably
            be the only one riding. I certainly would not ride any of my seven GRANDchillen
            without them.

            Comment


            • #7
              One of the modifications to be done on my Cruiser is 3 point seat belts front and rear. I can't imagine taking anybody for a ride and not having seat belts.
              Joe Roberts
              '61 R1 Champ
              '65 Cruiser
              Eastern North Carolina Chapter

              Comment


              • #8
                Has anybody here ever installed shoulder belts in a Hawk? I have lap belts, but that windshield is awful close.

                Comment


                • #9
                  This 57 Hawk on ebay has them...
                  Click image for larger version

Name:	Studebaker shoulder belt.jpg
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ID:	1667359

                  Comment


                  • #10
                    C-Body Hawks, you might be able to "make" an attachment point on the post just below the headliner. K-Bodies.....headliner will need to be dropped. UCK! Hope this helps

                    Dan Miller
                    Auburn, GA

                    Comment

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