When a person under the age of 18 is not restrained by a safety belt or a child restraint device, a seat belt violation will be charged to:
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The driver.
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There is no violation.
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Both.
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The passenger under 18.
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Explanation
If you are stopped by an officer while traveling with a passenger under the age of 18 who is not wearing a seat belt or properly secured in a federally approved child safety seat or booster seat, you, as the driver, will be charged with a seat belt/child restraint violation. However, if the unrestrained occupant is a front-seat passenger over 18, they will be charged with the violation instead of the driver.
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Other questions in the same category: Safety Belts and Child Passenger Safety
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This question appears in the following DMV practice tests: