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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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How does cvc 27315 apply to calif taxi drivers'

Customer Question

How does cvc 27315 apply to calif taxi drivers' responsibilites re passeger seat belts and child restraint.
What is required; what is exempted?
Submitted: 11 months ago.
Category: Legal
Expert:  Gerald, Esq replied 11 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Taxi cabs are exempt from the provisions of CVC27315 for passengers in the back seat. Passengers in the front seat are to wear the seat belt (unless they have a medical condition that precludes use of the restraint). Here is a link to the law:

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/vctop/vc/d12/c5/a3/27315

Note that subsection (d)(1) provides for the exemption:

"(d) (1) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. This paragraph does not apply to the operator of a taxicab, as defined in Section 27908, when the taxicab is driven on a city street and is engaged in the transportation of a fare-paying passenger. The safety belt requirement established by this paragraph is the minimum safety standard applicable to employees being transported in a motor vehicle. This paragraph does not preempt more stringent or restrictive standards imposed by the Labor Code or another state or federal regulation regarding the transportation of employees in a motor vehicle."

Section (3) provides for the front seat issue:

(3) The operator of a limousine for hire or the operator of an authorized emergency vehicle, as defined in subdivision (a) of Section 165, shall not operate the limousine for hire or authorized emergency vehicle unless the operator and any passengers eight years of age or over in the front seat, are properly restrained by a safety belt.

The operator of a taxicab shall not operate the taxicab unless any passengers eight years of age or over in the front seat, are properly restrained by a safety belt.

CVC 27315 does not change the law regarding child safety seats. Taxis are not exempt from the child safety seat requirement.

Here is that law:

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/vctop/vc/d12/c5/a3.3/27360

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 11 months ago.
What is the definition of "city streets" as one of the conditions of the exemption?
Does that exclude freeway driving for the exemption?
Expert:  Gerald, Esq replied 11 months ago.

Hello:

Happy New Year and Thank you for the follow up question.

City Streets do NOT include the Freeway. Here is the definition of City Street:

11005. "City street," as used with regard to streets located within a city or city and county, means any "street" located within the city or city and county, except a "freeway," "state highway," or "county highway" as defined in Sections 23.5, 24, and 25. "City street," as used with regard to streets located within a county, means any "street" located within the county, except a "freeway" or "state highway," as defined in Sections 23.5 and 24.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=11000-11011

So seat belts must be used by passengers when the Taxi is on the freeways.

I hope this additional information is helpful to you.

Kind regards,

Gerald

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