7.754 — FAILURE TO SECURE MULTIPLE PASSENGERS

Violations of "Statute 7.754" results in a Class E Misdemeanor with receiving an additional license point(s) of 4.

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(a) Definitions

Failure to secure multiple passengers refers to the act of a driver failing to properly secure all passengers in a motor vehicle with the appropriate restraints, such as seatbelts or child safety seats, as required by law. This offense applies when the driver fails to ensure that each passenger is properly restrained, which can include failure to use seatbelts, improper use of child safety seats, or allowing passengers to ride in an unsecured position.

(b) Elements

To establish the offense of failure to secure multiple passengers, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was the driver of a motor vehicle.

• The vehicle contained multiple passengers who were not properly secured.

• The driver failed to ensure that all passengers were properly restrained in accordance with applicable seatbelt and child restraint laws.

• The driver knew or should have known that they were required to secure all passengers.

(c) Defenses

Defenses against a charge of failure to secure multiple passengers may include:

• The driver had an exemption for one or more passengers, such as for a passenger with a medical condition or disability that exempts them from using a seatbelt.

• The driver was unaware of a specific passenger’s failure to secure themselves, such as a passenger who unbuckled their seatbelt after the vehicle was in motion.

• The vehicle was not required to secure certain types of passengers due to its design (e.g., commercial vehicles or older vehicles that may not have proper seatbelt mechanisms).

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The failure to secure passengers contributed to serious injury or death during a crash.

• The passengers were children who were not in the required child safety seats or booster seats.

• The driver has a history of violations related to seatbelt or passenger safety laws.

• The driver allowed passengers to ride in positions or areas of the vehicle where safety restraints were not available or effective (e.g., the cargo area of a truck).