N.J.S.A. 39:3-76.2f · Moving Violations & Driving Offenses
What the law says
The section requires specified passengers and drivers in passenger automobiles operated on a street or highway in New Jersey to wear a properly adjusted and fastened safety seat belt system. It also requires the driver to secure or cause to be secured passengers who are at least eight years of age but less than 18 years of age.
Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.
What the statute covers
Key rules in N.J.S.A. 39:3-76.2f that the State relies on:
- The requirements for children under eight years of age and less than 57 inches in height are subject to P.L.1983, c.128 (C.39:3-76.2a et al.).
- For purposes of the Passenger Automobile Seat Belt Usage Act, “passenger automobile” includes vans, pick-up trucks, and utility vehicles.
- Radar and lidar calibration and operator training records
- Officer observation and the officer's vantage point
- Negotiating to a lower-point or no-point offense
- Protecting CDL holders and drivers close to suspension
- Don't pay the ticket online. Paying is a guilty plea.
- Check your driver history abstract so you know your current points.
- Keep the summons and write down what happened at the stop.
- Tell your lawyer if you hold a CDL or already have points or suspensions.
- Call before your court date. Many tickets can be resolved without you missing work.
- Reckless Driving →
- Careless Driving →
- Unsafe Operation of a Motor Vehicle →
- Speeding →
- Racing on Highways →
- Leaving the Scene of an Accident →
- Failure to Report an Accident →
- Using a Handheld Cell Phone While Driving →
- N.J.S.A. 39:3-76.2f on Justia (2024 New Jersey Revised Statutes)
- NJ MVC points schedule
- NJ MVC surcharges
Other rules that can matter
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
What to do right now
How we help
Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Seat Belt Violation charge.
Related charges
Sources
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.