Seatbelt ticket in parking lot?

[newood2]

Can a person be given a ticket for not wearing a seatbelt in a parking lot. I saw a cop today issuing driving-without-seatbelt summonses in HD parking lot. Isn't that off the roadway? What about driving on your private property without seatbelt? In NYS the law does not stipulate where driving a vehicle reguires a seatbelt, so it would be assumed that it's anywhere.
Howie

[MilDoc]

Was the car moving? If not (parked), seems absurd.

[footprintsinconc]

did that person get pulled over from the road and he chose to stop in the hd parking lot?

[Copper]

I'd think it would be easier to pull someone over if they're moving slowly (going through a parking lot) than if they're on the highway. I'm sure they could ticket someone in the parking lot if they were intoxicated or if there was an accident. Not wearing a seatbelt is just another violation. I would think HD would complain since repeated visits might scare off some business.

[parnelli]

My mom got a ticket in Illinois last year for just that. She was sitting in a running car, that was *in* park, looking thru some paper when a cop pulled up behind her and wrote her a ticket for not wearing a seat belt.

[shoottx]

In Texas, I don't know about other states, seat belt tickets are a revenue generator for the jurisdiction issuing them. They are neat clean and virtually impossible to beat in court and don't count as a moving offense. The police use them as one method for a probable cause in stopping cars. The tickets run between $125-$200 depending on the jurisdiction. DAMHIK And a driver can be ticketed for a passenger in the front seat not wearing a seat belt.

[newood2]

I ask the lady who got the ticket. She said she moved her car from in front of Target -where she bought some stuff- closer to HD when the cop came up and told her she wasn't wearing her seat belt. She figured moving her car from one spot to another in a parking lot would not be an issue. Go figure! That was a $120 fine + surcharges.
Howie

[Black wallnut]

It would be a matter of State or Local law. So my guess would be that if the LEO wrote the ticket then he is enforcing an existing law. In my state they not only would not but they can not do this. They can not enforce driving laws on private property.

[footprintsinconc]

reading the above, if i can remember, i think we have the same money sucking law up in ontario, canada.

now, here is az, i dont know what the law is. but i move my car from in front of one store to another in the mall parking lot without wearing my seat belt. got to find out what the rule in az is. dont want them taking my ww fund

[Uncle Cracker]

It's even worse than that... Certain federal funds, including road construction subsidies, are tied to the enforcement of the seat belt (and other) laws. Evidence of enforcement levels must be submitted to maintain the funding.

[Ed62]

I think Indiana is just like Mark said it is in Washington. But they can issue tickets for parking in handicap spots without a handicap plate or tag. You just don't ever see them doing it.

Ed

[herb fellows]

Pardon my incredulity, but I'm from NY also. I would think that such a ticket could not be given if you are not on city streets.
Just because the cop gave her the ticket doesn't mean he's right. I was given a ticket for not having a right side rear view mirror on a 1987 Chevy Nova once.
Only problem is, the car never had one from the factory. Case dismissed.

Of course, once you get the ticket you lose even if you're right, because you have to take time off work to go through the process of fighting it.
What really ticks me off about this is that the cops or whoever give out these tickets are never taken to task for handing out frivolous tickets. There is a fire hydrant down the block from me where many stolen cars have been deposited over the years, because the space is open when they want to ditch the car in the middle of the night. After reporting it stolen, it will sit there and get 3-4 tickets a day for the next week or two until they finally remove it.
These meter maids/cops just use it as a way to get their quotas without ever thinking of the trouble they will cause the owner down the line.

[jonmulzer]

I think Indiana is just like Mark said it is in Washington. But they can issue tickets for parking in handicap spots without a handicap plate or tag. You just don't ever see them doing it.

Ed

You are correct. Speed limits can be roughly enforced. The signs you see have no merit and are only guidelines, but if you are doing 100mph through a crowded parking lot you can get wreckless driving and other such citations for endangering lives. It is like the whole yelling fire in a theater thing.

[Kristofor]

Just another reason to oppose allowing seatbelt enforcement to be a primary offense if it isn't already in your location...

[LinuxRandal]

It's even worse than that... Certain federal funds, including road construction subsidies, are tied to the enforcement of the seat belt (and other) laws. Evidence of enforcement levels must be submitted to maintain the funding.

According to a law enforcement relative, the government is making some of their funds, subject to PRIMARY enforcement of seat belt laws. AKA they will not need any other excuse to pull you over.
Now, after a bit (when they have determined how much the locals are making, on average from the tickets), those funds they were receiving (ticket amount), can be redirected.

As for budget shortfalls and such, one local PD is facing it. Positions were moved from official positions, to non police positions. Now the city is trying to cut those and the budget. Tickets are expected to go up, more tickets are going to be given, court fee's added to things they didn't use to be, etc.