Legal Question in Traffic Law in Oregon

Re: Denied Seat Belt Wavier

If what your doctor says is true, I think that someone from the State of Oregon was out of line. I suspect a non-lawyer clerk took it upon himself or herself to give legal advice, which may or may not be accurate. In any event, it's not up to the state; there IS a legitimate statutory medical exemption, which you can find at ORS 811.220. It says NOTHING about the liability of the physician who signs such a statement.

My suggestion is that you contact the person at the state who supposedly told this to your doctor. Ask if indeed that was what was said. If so, I'd suggest you respond in writing asking for what legal authority the state has for the proposition that your doctor becomes liable for injuries incurred because you didn't have a seatbelt on due to the medical exemption, and secondly, even if that were true -- which I doubt very much --under what authority the state has to SAY that to your doctor, interfering with your doctor-patient relationship.

My guess is that your DOCTOR may be the one who is worried about his liability, and that the business about the state is secondary, or was just something in passing. IF so, then you have a different problem. If it's important to be able to drive without a seatbelt, then you might consider offering to sign some sort of release or waiver of the doctor's liability in this regard, or go to another doctor. Although I haven't researched the matter, my "off the cuff" opinion is that if there is a legitimate medical exemption that falls within the statute, then your doctor is probably protected anyway. If it IS the state interfering as you've described, again, I think they have no business doing so, and there may be a legal remedy to that.

Good luck to you,

-- Sam