Published: July 30, 2009 12:00 am      

Oneonta woman fights ticket for not wearing her seat belt

An Oneonta woman who was ticketed by a trooper for failing to wear a seat belt even though she had a medical exemption has requested a state police investigation.

Veronica Jones, 53, said she carries a medical exemption issued by her doctor because she had part of her shoulder removed after falling down a staircase. She said she will eventually lose the use of her arm, and said contact with the seat belt is extremely painful.

Jones said the note, dated August 2006, is written on Bassett Healthcare's letterhead and signed by her doctor.

Jones said Trooper Kay R. Sitterly stopped her near the Oneonta troopers barracks at 3:57 p.m. on Tuesday solely for not wearing her seat belt.

Jones said when she showed Sitterly the written medical exemption, Sitterly said, "Big deal. Does that mean if I get a chronic strep throat, I can get an excuse?"

According to Jones, Sitterly then stated that it is "at the discretion of the trooper to issue a ticket."

Jones contacted Lt. Stephen Farago at the Oneonta barracks and then called Capt. David Krause of the state police Department of Internal Affairs.

Farago said he told Jones that her exemption was too old and needed to be updated. He also told her that it had to specifically state the physical disability for which she was granted the exemption.

"Lt. Farago told me to get a photocopy of my current exemption and a new exemption from the doctor, and then go to court and the judge will decide," Jones said.

Jones said she doesn't feel that it is fair that she will have to pay for another appointment to get a new exemption, and will still have to appear in court.

Krause said he has made Jones' complaint the subject of a personnel investigation.

"This is something we want to look into and get all the facts," Krause said Wednesday. "I talked to the Troop C commander today."

The New York State Vehicle and Traffic Law (Section 1229-c) requires all front-seat occupants of a motor vehicle and all other occupants younger than 16 years old, regardless of where they are in the vehicle, be restrained by a safety belt. It also allows that this law "shall not apply to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety seat or safety belt provided, however, such condition is duly certified by a physician who shall state the nature of the handicap, as well as the reason such restraint is inappropriate."

The state Department of Motor Vehicles has a brochure titled "Guidelines: Granting Medical Exemptions for Safety Belt Use" that can be found at www.nydmv.state.ny.us/broch/c58.htm. According to the brochure, "Each case should be decided on its own merit. A medical exemption should be granted only for a valid medical reason.

"If medical exemption is granted, the physician should keep written record of the medical reason given by the patient for the exemption. This record should include the documentation of the basis for which the medical exemption was granted, the date it was granted, and the expiration date, if any.

"For temporary conditions, a physician should grant a medical exemption for periods of no more than six months and renewed as necessary. For permanent conditions, a medical exemption should be granted for no more than four years and renewed as necessary.

"Whether as a driver or a passenger, a patient who possesses a medical exemption should carry the physician's written exemption, as described in Legal Requirements,' whenever traveling in a motor vehicle. The patient should be prepared to present this written exemption to law enforcement authorities upon request."

According to the legal requirements, "Only a licensed physician can grant a medical exemption from safety-belt use. The physician must issue the medical exemption on the physician's prescription pad or letterhead. The physician's certification of exemption must include the patient's name, date of birth and address, the date of issuance, a clear statement of medical exemption from belt use and the doctor's signature."

Farago said that the language in the law should be the same as the DMV requirements. The law requires that the nature of the handicap be listed. The DMV only requires a clear statement of medical exemption, not necessarily an identification of the handicap.