Complaint Review: Washington County Sheriff's Office - Beaverton Oregon

USA Today, reported that 42% of police officers involved in fatal crashes were NOT wearing their seat belt. Here is a portion of the story.

At least 42% of police officers killed in vehicle crashes over the past three decades were not wearing seat belts or other safety restraints, according to a federal review.The study by the National Highway Traffic Safety Administration (NHTSA), which analyzed 733 crashes from 1980 through 2008, comes less than a week after a separate report found that fatal traffic incidents in 2010 were the leading cause of officer deaths for the 13th straight year.

Interesting, eh? ...it's supposed to be in the name of safety that the seat belt laws were made and that the police, often times the scoffers of this law, write tickets for to the general public. Let's see more seat belt use and if they don't wear one...let's see the tickets issued to the officers who violate this law. 

Ok, just so we all quit arguing...I'm a firm user of seat belts now in ANY vehicle I'm in, ok? Now....since this one particular deputy decided to get me involved in the whole seat belt issue, and bring to light that their department was not following the CALEA requirements (their accrediting agency), with their own deputies...suffice it to say, everyone should be a lot safer now, eh?

UPDATE: I heard back from CALEA and they quoted quite specifically that wearing seat belts while on patrol IS a requirement for accreditation. They sent a copy of the complaint to the Sheriff himself, whom I also heard back from via e-mail. 

If I witness any deputy of theirs not wearing a seat belt while they are on routine patrol, then I will record the unit number, day and time as well as try and obtain a photo of the violation. I have also volunteered to sign a complaint and appear as a witness for the State in a court of law should it be needed when the deputy receives a ticket for the $142.00 violation.

I might even try my hand at video taping violations...hmmm, maybe the next Youtube hit, eh?

So, the moral of the story is...NOBODY is above the law, especially those who enforce it. Let's all thank deputy J Wilson for bringing this issue to the public's attention. :)

   The subsection you're trying to claim as the excemption is actually a excemption from the excemption. 825.1 says privately owned commercial vehicles carrying passengers get the exception. The last line says the excemption is valid when: the vehicle is traveling interstate. This means that a privately owned commercial vehicle transported passengers interstate must comply. As you drive a tow truck your vehicle isn't even covered by the original excemption. You need to read the entire law not just a specific section or sub-section and try to claim you don't have to comply.    As far as the police giving out tickets when they're not complying: I agree they should follow all laws themselves. But even if they not wearing a seatbelt or their headlight is burned out or whatever else, any ticket they give you is still valid and must be taken care of.

If you sue, will you post the date/time/courtroom here so I can come and watch it?
Stuff like this is why attorneys get paid good money!

811.215 (1) says, Privately owned commercial vehicles that are being used for the transportation of persons for compensation or profit.

What the prosecution will say is "It's not a Limo, and it's not a Taxi.  It's a *#&@^#& Tow truck!!!! So it's OBVIOUSLY being used for the transportation of VEHICLES for compensation or profit.  You're guilty, a**hole!"

What you're going to say is "No &@^#%#$ sh**, it's a Tow Truck.  HOWEVER,  The Tow Truck is being used for the transportation of persons (*ME*), for compensation or profit. Therefore, the exemption applies and I am NOT GUILTY, a**hole!

I would so love to get this case.  I would argue that exact point.

For the person asking about the exemption I'm claiming. That would be ORS 811.215 (1)(a). As the vehicle is NOT used in interstate operation, but only INTRASTATE, or within the State of Oregon only. That is my argument about the exemption. HOWEVER, as I've noted here before, and other posters need to quit being childish and calling me names, I NOW WEAR a seat belt every time. I DON'T BELIEVE THERE SHOULD BE ANY EXEMPTIONS for ANYONE, including law enforcement. That's all I'm saying. Now my goal and target is to make sure that the police officers out there OBEY THE LAW as they are required to. If they can't, then they need a ticket just like the ones they dish out in the name of safety. 

I'm just saying....

   You say that commercial vehicles working intrastate are exempt. However, I don't find that exemption listed in the Oregon Revised Statutes.

811.215 Exemptions from safety belt requirements. ORS 811.210 does not apply to:

      (1) Privately owned commercial vehicles that are being used for the transportation of persons for compensation or profit. The exemption in this subsection does not apply to any of the following:

      (a) Motor carriers, as defined in ORS 825.005, when operating in interstate commerce.

      (b) Vehicles designed and used for the transportation of 15 or fewer persons,

including the driver, except that the operator of a vehicle described in this paragraph is not required to:

      (A) Be properly secured with a safety belt or safety harness as required by ORS 811.210

if the operator is a taxicab operator; or

      (B) Ensure that a passenger is properly secured with a child safety system as described in

ORS 811.210 (2)(a), (b) or (c).

      (2) Any vehicle not required to be equipped with safety belts or safety harnesses at the

time the vehicle was manufactured, unless safety belts or safety harnesses have been installed in the vehicle.

      (3) Any vehicle exempted by ORS 815.080 from requirements to be equipped upon sale with

safety belts or safety harnesses.

      (4) Any person for whom a certificate is issued by the Department of Transportation

under ORS 811.220.

      (5) Any person who is a passenger in a vehicle if all seating positions in the vehicle

are occupied by other persons.

      (6) Any person who is being transported while in the custody of a police officer or any

law enforcement agency.

      (7) Any person who is delivering newspapers or mail in the regular course of work.

      (8) Any person who is riding in an ambulance for the purpose of administering medical aid to another person in the ambulance, if being secured by a safety belt or safety harness would substantially inhibit the administration of medical aid.

      (9) Any person who is reading utility meters in the regular course of work.

      (10) Any person who is employed to operate a vehicle owned by a mass transit district while the vehicle is being used for the transportation of passengers in the public transportation system of the district.

      (11) Any person who is collecting solid waste or recyclable materials in the regular course of work. [1985 c.619 3; 1987 c.138 3; 1991 c.2 2; 1997 c.509 3; 1999 c.1057 4; 2003 c.589 5; 2005 c.244 1; 2005 c.770 8; 2007 c.200 1; 2007 c.601 3]



   Per your report, you were driving a tow truck. Sorry I don't see that they're allowed to ignore the seat belt law. Whoever gave you that information was wrong.

and I use the term loosely are an idiot!  Wearing a seat belt is not only the law but saves lives everyday.  I for one never leave my home in my 1 ton TRUCK without a seat belt on.  Don't like the laws of this country?? MOVE@!

Yes, ALL people should, including our police officers and elected officials (did ya get that?), should be held to the same standard when it comes to the law, including seat belt laws. 

As for myself, at the time I got the ticket, I was driving a commercial vehicle in intrastate (within state) operations. According to our Oregon Revised Statutes (our state laws), so long as I don't travel to another state, I'm exempt. However, after this issue and reasoning behind ALL people doing what the law says, regardless of whether we agree with or not (police, are you listening?), we should ALL wear our seat belts when driving. NOW I do, no matter what vehicle I drive. 

I'm just saying...

All the troopers here in Alabama follow the law,State, Local and City.

Doesn't make YOU exempt though.

I actually went in today and spoke with a Lieutenant from the Sheriff's Office about the fact that their deputies (several) are NOT wearing their seat belts when they are out on patrol. Naturally, if they are responding to an emergency call they might not have them on for that reason, but just out on NORMAL patrol, they are required by Oregon Law to follow the seat belt law as well. It's also a POLICY of the Sheriff's Dept, which is nationally "accredited" to keep up with the strict policies for their dept. Even though the Lieutenant didn't agree with me and had the notion that his deputies were wearing seat belts, he did state that NOW that he was aware of this that he might be looking more carefully at his deputies when they are out on patrol. 

(While we we standing outside talking), a deputy pulled into the lot from the street...and guess what, NO SEAT BELT. The Lieutenant kind of hemmed and hawed about that for a minute, but thanked me for bringing this to his attention. 

It's not right that the Sheriff's dept. hands out numerous seat belt violation tickets to the general public, but that they ignore and scoff at the very law they are enforcing. This sets a double-standard, which is illegal. Some people might not know this, but when a police officer is out on patrol, they are REQUIRED to obey the same traffic laws as any other citizen of their jurisdiction. Granted, if there are policies if they are RESPONDING to a call, but just driving around looking for people to pull over or just driving into their local coffee or restaurant hang out...they are REQUIRED to follow the law. 

After bringing this to their "attention," we'll see how this works out. I wonder if it might help them police themselves (yes, they legally deserve to be given a ticket if they are breaking the law),  if the next time you saw one driving next to you, if they don't have a seat belt on, take a picture! I might try this in the future as well, but will give them the benefit of the doubt and the courtesy to try and fix the situation themselves first. If they can't, then the citizens will step in and start documenting this traffic law violations and make sure that a complaint is filed, AND a ticket is issued since there would be photo or video evidence. Pretty bad when we have to do their job for them, eh?

Especially an a*****e like you.