Seatbelt Laws

27315(d)(1)CVC - Applies to drivers, who would receive the citation for the violation. A person may 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.

27315(e)CVC - Applies to passengers, who would receive the citation for the violation. A person 16 years of age or over may not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt.

Child Passenger Restraint System: Requirements for Children 8 Years of Age or Younger

27360(a)CVC - Except as provided in Section 27363 a parent, legal guardian, or driver shall not transport on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (3) of Section 27315, a child or ward who is under eight years of age, without properly securing that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.

27360.5(a)CVC - A parent, legal guardian, or driver shall not transport on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, a child or ward who is eight years of age or older, but less than 16 years of age, without properly securing that child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.
– (b) Subdivision (a) does not apply to a driver if the parent or legal guardian of the child is also present in the motor vehicle and is not the driver.

Child Safety Seat Check Information

To receive assistance on the proper installation of your Child Safety Seat, refer to one of the below agencies:

• San Jose CHP Car seat checks available by appointment only Tuesday and Thursday after 3 p.m. To schedule an appointment call 408-467-5400 .

• Hollister-Gilroy CHP Car seat checks available twice a month by appointment only. To schedule call Public Affairs at 408-848-2324

• The San Jose Police Department NO LONGER PROVIDES THIS SERVICE.

For additional information on Child Safety Seats visit www.carseat.org (Español is available).

The Traffic Enforcement Unit also utilizes speed display trailers to assist with traffic calming efforts. These trailers display the speed of approaching vehicles and are effective tools for increasing driver awareness. Although they are not used for enforcement, the trailers effectively reduce speeds in residential neighborhoods. The trailers are utilized by the Unit’s enforcement teams to augment their efforts in the School and Neighborhood Enforcement (SNE) zones.

If you have a concern regarding traffic and you'd like to request enforcement, please complete and submit a Traffic Enforcement Request Form.

The San José Police Department’s Traffic Enforcement Unit (TEU) addresses chronic problems in neighborhoods – specifically those that involve streets that are used as “cut-throughs” (streets that commuters use to avoid major arterials), and those that have an excessive traffic flow based on the location of schools within neighborhoods. These chronic problems affect our citizens and students that live and attend school on these streets and are seeking some relief from the heavy flow of traffic and excessive speed.

The city of San José has approximately one million residents. The city of San Jose has nearly 2,300 miles of roadways and over 16,000 intersections; additionally, we have approximately 225 schools within our jurisdiction. We currently have 21 officers devoted to enforcing traffic complaints for bay area's largest city.

Due to the shortage of staffing resources, the TEU handles as many of these requests for enforcement as permissible by time and resources. It is a complaint, priority-based effort. The TEU conducts rotating enforcement in these zones.

Due to the aforementioned staffing issues, we must balance our enforcement efforts by focusing on the highest crash locations and base enforcement priorities on collision data and chronic neighborhood and school nuisances.

Some of the issues with schools can be dealt with through our tri-annual Operation Safe Passage program, while others need more immediate attention. These operations are meant to give service to those areas where traffic flow is causing a severe impact on the quality of life and safety of our citizens.

Submit a request for traffic enforcement in your neighborhood or school area.

Following is an abbreviated summary of selected new laws. A more comprehensive list appears on the DMV Web site at www.dmv.ca.gov.

Hand-Held Wireless Telephone: Prohibited Use

23123. (a) - A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

23123.5. (a) - A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based ( )1 communication, unless the electronic wireless communications device is specifically designed and configured to allow voice operated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving. (b) As used in this section “write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. (c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text–based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call or if a person otherwise activates or deactivates a feature or function on an electronic wireless communications device.

Wireless Telephone Use: Prohibition - Persons Under 18

23124. (a) - This section applies to a person under the age of 18 years. (b) Notwithstanding Section 23123, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device.

Child Passenger Restraint System: Requirements for Children 8 Years of Age or Younger

27360. (a) - Except as provided in Section 27363 a parent, legal guardian, or driver shall not transport on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (3) of Section 27315, a child or ward who is under eight years of age, without properly securing that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.
– (b) Subdivision (a) does not apply to a driver if the parent or legal guardian of the child is also present in the motor vehicle and is not the driver.