Policy Text
Policy
1015Fremont Police Department
Seat Belts
1015.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of seat belts and child restraints. This policy will
apply to all members operating or riding in department vehicles (Vehicle Code § 27315.5).
Guidance for transporting persons in custody may be found in the Transporting Persons in Custody
and Handcuffing and Restraints policies.
1015.1.1 DEFINITIONS
Definitions related to this policy include:
Child restraint system - An infant or child passenger restraint system that meets Federal Motor
Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213.
1015.2 POLICY
It is the policy of the Fremont Police Department that members use safety and child restraint
systems to reduce the possibility of death or injury in a motor vehicle collision.
1015.3 WEARING OF SAFETY RESTRAINTS
All members shall wear properly adjusted safety restraints when operating or riding in a seat
equipped with restraints, in any vehicle owned, leased or rented by this department while on- or
off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall
ensure that all other occupants, including non-members, are also properly restrained.
Exceptions to the requirement to wear safety restraints may be made in the following
circumstances:
(a)When arriving at a call for service, officers may remove the safety restraint just prior
to stopping, for quick exit and to prevent becoming entangled in the safety restraint.
(b)Officers may remove the safety restraint just prior to coming to a stop on a vehicle/
traffic stop. Caution should be exercised to ensure the violator is, in fact, going to stop.
This would prevent becoming involved in a pursuit without the use of a safety restraint.
(c)Members may remove the safety restraint while actively patrolling an off-street parking
facility at slow speed.
Any other exceptions to the requirement to wear safety restraints may be made only in exceptional
situations when, due to unusual circumstances, wearing a seat belt would endanger the member
or the public. Members must be prepared to justify any deviation from this requirement.
1015.4 TRANSPORTING CHILDREN
Children under the age of 8 shall be transported in compliance with California’s child restraint
system requirements (Vehicle Code § 27360; Vehicle Code § 27363).
Copyright Lexipol, LLC 2025/04/30, All Rights Reserved.
Published with permission by Fremont Police DepartmentSeat Belts - 1
Fremont Police Department
Seat Belts
Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires
careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by
law, children and any child restraint system may be secured in the front seat of such vehicles
provided this positioning meets federal safety standards and the vehicle and child restraint system
manufacturer’s design and use recommendations. In the event that a child is transported in the
front seat of a vehicle, the seat should be pushed back as far as possible and the passenger-
side airbag should be deactivated. If this is not possible, members should arrange alternate
transportation when feasible. A child shall not be transported in a rear-facing child restraint system
in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code
§ 27363).
1015.5 INOPERABLE SEAT BELTS
Department vehicles shall not be operated when the seat belt in the driver's position is inoperable.
Persons shall not be transported in a seat in which the seat belt is inoperable.
Department vehicle seat belts shall not be modified, removed, deactivated or altered in any
way, except by the vehicle maintenance and repair staff, who shall do so only with the express
authorization of the Chief of Police.
Members who discover an inoperable restraint system shall report the defect to the appropriate
supervisor. Prompt action will be taken to replace or repair the system.
1015.6 VEHICLES MANUFACTURED WITHOUT SEAT BELTS
Vehicles manufactured and certified for use without seat belts or other restraint systems are
subject to the manufacturer’s operator requirements for safe use.
1015.7 VEHICLE AIRBAGS
In all vehicles equipped with airbag restraint systems, the system will not be tampered with or
deactivated, except when transporting children as written elsewhere in this policy. All equipment
installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer
specifications to avoid the danger of interfering with the effective deployment of the airbag device.
Copyright Lexipol, LLC 2025/04/30, All Rights Reserved.
Published with permission by Fremont Police DepartmentSeat Belts - 2