Seatbelts

Why is there a driving safety class just for people who received a citation for not wearing a seat belt or not properly using a child passenger safety seat?
It is a Texas law.  The course was mandated for a violation of certain laws involving the restraint of a child in a motor vehicle by House Bill 1739, 77th Texas Legislature, which amended Section 545.412 and Section 545.413 of the Texas Transportation Code.  Additionally, House Bill 183 was passed during the 79th legislative session to require that all children younger than 5 years of age (the old requirement was 4 years old) and less than 36 inches tall to be in a child safety seat system during the operation of the vehicle.

HB183 also added Section 708.052(f) which states that an offense under Section 545.412 of the Transportation Code is a moving violation of a traffic law, and it changed the law to allow an offender of a "child safety seat" violation to dismiss that citation by completing a specialized driving safety course even if another traffic citation had been removed within the previous 12 months through completion of a regular driving safety class.

Who can require a person to attend one of these "Seat Belt" classes?
The Texas Transportation Code, Sections 545.412 and 545.413, identifies child passenger safety seat systems offenses as well as safety belt offenses, and both of those laws have subsections that state: "A judge, acting under Section 45.0511, Criminal Procedure Code, who elects to defer further proceedings and to place a defendant accused of a violation of this section [i.e., an offense involving a child passenger safety seat system or a safety belt offense by a person younger than 17 who is not required to be secured in a child passenger safety system] on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfuly completed a specialized [i.e., Seat Belt] driving safety course approved by the Texas Education Agency..." (underlining and bracketed comments added for emphasis and clarity).

If the safety belt offense involves only a person older than 17, and the case is being adjudicated under Section 45.051 ("Deferral of Final Disposition") of the Criminal Procedure Code, the judge has discretion to require that the defendant attend a regular driving safety course, or attend a Seat Belt course, or comply with any other reasonable condition.

If you have other questions involving this matter or any interpretation of Texas law, it is advisable that you consult with an attorney or with the court that has jurisdiction of the case.

What's covered during the class?
This specialized driving safety course includes four hours of information on child passenger safety seat systems and the wearing of seat belts, the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles, and the requirements of the law and the penalty for noncompliance.  Related driving safety information is also included in the course, thus making it a 6-hour specialized driving safety course.  For more information about the Specialized driving safety curriculum, see Section 176.1109 of the driver training rules that became effective on April 21, 2005.

How much does a Seat Belt class cost?
By law, the cost of this class must be at least $25.00.

How long is the Seat Belt class?
It is a 6-hour class.

Where are the Seat Belt classes held?
You'll need to contact a school to determine when and where classes are being conducted.  In addition, the Seat Belt course has also been approved to be delivered online.

Are these classes also delivered by an alternative method such as the Internet or a DVD takehome?
Yes.  Texas Education Agency has approved the Seat Belt course to be delivered via the Internet at IDriveSafely.com.  There are no Texas-approved Seat Belt classes delivered by Videotape or DVD takehome.

Is the graduation certificate for the "Seat Belt" class the same as the certificate issued for a normal driving safety (a.k.a. defensive driving or ticket dismissal) class?
No.  Although there are some similarities, the Seat Belt certificate is tan-colored, has a picture of a seat belt in the lower right corner, and has a unique number beginning with the letter "S".

Will I receive my certificate from the instructor at the end of the class?
No.  By law, the certificate must be mailed to you by the course provider.

May I have the course provider mail the certificate directly to the court?
No, the course provider is not permitted to mail the certificate to the court.

How long will it take for me to receive the certificate?
You should receive it within one to three weeks after the class is completed unless you request (and pay for) an expedited delivery.

If I don't receive the certificate, who should I contact?
If you don't receive your certificate within three weeks (21 calendar days) from the date you completed the class, call your course provider; that is, the telephone number that was given to you by your instructor.  If you don't have the course name or a telephone number for the course provider, you may have to return to the school where you took the course and ask the instructor for that information.  By a law that was effective on September 1, 2005, only the course provider is allowed to issue a duplicate certificate to replace one that is lost, incorrect, or damaged.  Driver training rules allow a course provider to charge a fee of $10 for a duplicate certificate.

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