In Virginia, Who gets a ticket if the passenger isn't wearing a seat belt?

Question

The driver or the passenger?

Answer 1

According to Section 46.2-1094 of the Code of Virginia (1950) as amended:

EACH PERSON at least sixteen years of age and occupying the front seat of a motor vehicle equipped... with a safety belt system... shall wear the appropriate safety belt system at all times while the motor vehicle is in motion on any public highway. A child under the age of sixteen years, however, shall be protected as required by the provisions of this chapter.

It also states that "No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the DRIVER of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute."

Since the Code provision makes a distinction between PERSON in the front seat of a motor vehicle and the DRIVER of such motor vehicle, the individual not wearing the safety belt (if a passenger) would receive the citation.  If the person not wearing the safety belt is under 16, then the driver/adult would most likely receive the citation, as he/she is responsible for the welfare of the minor.

Answer 2

Drivers are responsible for themselves and for all children less than age 16 in the front or back seat.

All passengers ages 16 and older are responsible for themselves and would get the ticket rather than the driver.

Answer 3

The driver.  It is your responsibility to make sure people are buckled up.  

Answer 4

I thought it was the driver too, but we're speaking of over 16.

Does anyone know of a web sites that has this answer to this question for sure?

Seems to be mixed answers here

Answer 5

THE DRIVER  

Answer 6

depends on how old the passenger is

Answer 7

it'd be stupid to ticket the driver?

Answer 8

in my state (new mexico) if the passenger is 14 r older they get the ticket

Answer 9

the driver. you are looked at as the person in charge <

Answer 10

The Driver

Answer 11

the driver gets the ticket because it is always the driver's responsibility to make sure everyone in the car has their seat belts buckled.  

Answer 12

well in canada if the passanger is 16 or older they get a ticket