Seat belt laws in the United States

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Seat belt laws for front seat passengers in the 50 U.S. states, the District of Columbia, and the 5 inhabited U.S. territories.
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No enforcement for adults (primary enforcement for minors)
Secondary enforcement
Secondary enforcement; primary under certain ages
Primary enforcement US seat belt laws.svg
Seat belt laws for front seat passengers in the 50 U.S. states, the District of Columbia, and the 5 inhabited U.S. territories.
  No enforcement for adults (primary enforcement for minors)
  Secondary enforcement
  Secondary enforcement; primary under certain ages
  Primary enforcement

Most seat belt laws in the United States are left to state law. However, the recommended age for a child to sit in the front passenger seat is 13. The first seat belt law was a federal law, Title 49 of the United States Code, Chapter 301, Motor Safety Standard, which took effect on January 1, 1968, that required all vehicles (except buses) to be fitted with seat belts in all designated seating positions. [1] This law has since been modified to require three-point seat belts in outboard-seating positions, and finally three-point seat belts in all seating positions. [1] Seat belt use was voluntary until New York became the first state to require vehicle occupants to wear seat belts, as of December 1,1984. New Hampshire is the only state with no law requiring adults to wear seat belts in a vehicle. [2]

Contents

Primary and secondary enforcement

U.S. seat belt use laws may be subject to primary enforcement or secondary enforcement. Primary enforcement allows a law enforcement officer to stop and ticket a driver if they observe a violation. Secondary enforcement means that a peace officer may only stop or cite a driver for a seat belt violation if the driver committed another primary violation (such as speeding, running a stop sign, etc.) at the same time. New Hampshire is the only U.S. state that does not by law require adult drivers to wear safety belts while operating a motor vehicle.

In 15 of the 50 states, non-use of seat belts is considered a secondary offense, which means that a police officer cannot stop and ticket a driver for the sole offense of not wearing a seat belt. (One exception to this is Colorado, where children not properly restrained is a primary offense and brings a much larger fine.) If a driver commits a primary violation (e.g., for speeding) they may additionally be charged for not wearing a seat belt. In most states, seat belt non-use was originally a secondary offense. Many states later changed it to a primary offense, the first being California in 1993. Of the 34 states with primary seat belt use laws, all but California, Connecticut, Hawaii, Iowa, New Mexico, New York, North Carolina, Oregon, and Washington originally had only secondary enforcement laws.

Thirty-four states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands have primary enforcement laws for front seats. [2] [3]

Laws and rules by state and territory

This table summarizes seat belt use laws in the United States. [2] [4]

Seat belt use laws often do not themselves apply to children. Even so, all 50 U.S. states, the District of Columbia, and all five inhabited U.S. territories have separate child restraint laws. [note 1] The table shows only the base fine, but not applicable add-on fees in many areas, such as the head injury fund and court security fees, which can increase the total assessed fine by up to a factor of five. These are also "first offense" fines, and subsequent offenses may be much higher.[ citation needed ]

Twenty-three states, the District of Columbia, Guam, and the Northern Mariana Islands had seat belt usage of 90% or higher in 2017. [6]

State,
federal district,
or territory
Type of lawDate of first lawWho is coveredBase fine before feesSeat Belt
Usage
(2017)
[6] [note 2]
Flag of Alabama.svg  Alabama Primary EnforcementJuly 18, 1991All ages in all seats [7] $2592.9%
Flag of Alaska.svg  Alaska Primary EnforcementSeptember 12, 1990All ages in all seats$15 ($25 actual)90.1%
Flag of American Samoa.svg  American Samoa Primary Enforcement [3] All ages in front seats [8] $25 [8] 84.9%
Flag of Arizona.svg  Arizona Secondary Enforcement1January 1, 1991All ages in front seats; Under age 16 in all seats$10 ($37.20 actual)86.1%
Flag of Arkansas.svg  Arkansas Primary EnforcementJuly 15, 1991All ages in front seats; Under age 16 in all seats$2581.0%
Flag of California.svg  California Primary EnforcementJanuary 1, 1986All ages in all seats [9] [10] $20 ($162 actual); $50 second offense ($190 actual)696.2%
Flag of Colorado.svg  Colorado Secondary Enforcement2
Exception Mountain View where it is a primary violation [11]
July 1, 1987All ages in front seats; Under age 18 in all seats$7183.8%
Flag of Connecticut.svg  Connecticut Primary EnforcementJanuary 1, 1986All ages in all seats$9290.3%
Flag of Delaware.svg  Delaware Primary EnforcementJanuary 1, 1992All ages in all seats$2591.4%
Flag of Washington, D.C.svg  District of Columbia Primary EnforcementDecember 12, 1985All ages in all seats$50493.6%
Flag of Florida.svg  Florida Primary EnforcementJuly 1, 1986All ages in front seats; Under age 18 in all seats$30 ($116 actual)90.2%
Flag of Georgia (U.S. state).svg Georgia Primary EnforcementJuly 1, 1996 [12] All ages in front seats; Under age 18 in all seats$1597.1%
Flag of Guam.svg  Guam Primary EnforcementAll ages in all seats$10091.0%
Flag of Hawaii.svg  Hawaii Primary EnforcementDecember 16, 1985All ages in all seats$45 ($112 actual)96.9%
Flag of Idaho.svg  Idaho Secondary Enforcement3July 1, 1986All ages in all seats$10 ($51.50 actual)81.2%
Flag of Illinois.svg  Illinois Primary EnforcementJanuary 1, 1988All ages in all seats$164 minimum fine93.8%
Flag of Indiana.svg  Indiana Primary EnforcementJuly 1, 1987All ages in all seats$2593.0%
Flag of Iowa.svg  Iowa Primary EnforcementJuly 1, 1986All ages in front seats; Under 18 in rear seats [13] $25 ($127.50 actual)91.4%
Flag of Kansas.svg  Kansas Primary Enforcement4July 1, 1986Age 14+ in all seats$60 for age 14-17; $10 for 18+82.0%
Flag of Kentucky.svg  Kentucky Primary EnforcementJuly 15, 1994Age 7 and younger and over 57 in (140 cm) in all seats; 8+ in all seats$2586.8%
Flag of Louisiana.svg  Louisiana Primary EnforcementJuly 1, 1986Age 13+ in front seats$2587.1%
Flag of Maine.svg  Maine Primary EnforcementDecember 26, 1995Age 18+ in all seats$5088.9%
Flag of Maryland.svg  Maryland Primary Enforcement4July 1, 1986Age 16+ in all seats$8392.1%
Flag of Massachusetts.svg  Massachusetts Secondary EnforcementFebruary 1, 1994Age 13+ in all seats [14] [15] $2573.7%
Flag of Michigan.svg  Michigan Primary EnforcementJuly 1, 1985Age 16+ in front seats, under 16 in rear seats$25 ($65 actual)94.1%
Flag of Minnesota.svg  Minnesota Primary EnforcementAugust 1, 19867 and younger and over 57 in (140 cm) in all seats; 8+ in all seats$25 +$75 fee92.0%
Flag of Mississippi.svg  Mississippi Primary EnforcementJuly 1, 1994Age 7+ in all seats$2578.8%
Flag of Missouri.svg  Missouri Secondary Enforcement2September 28, 1985Age 16+ in front seats;

Age 8-15 in all seats

$10 for age 16+; $50 for age 8-1584.0%
Flag of Montana.svg  Montana Secondary EnforcementOctober 1, 1987Age 6+ in all seats$2078.0%
Flag of Nebraska.svg  Nebraska Secondary EnforcementJanuary 1, 1993Age 18+ in front seats$2585.9%
Flag of Nevada.svg  Nevada Secondary EnforcementJuly 1, 1987Age 6+ in all seats$2590.6%
Flag of New Hampshire.svg  New Hampshire None for adults, primary for minors onlyAugust 18, 1997 [16] Age 17 and under in all seats$5067.6%
Flag of New Jersey.svg  New Jersey Primary Enforcement4March 1, 1985Age 8+ in all seats$46 per person94.1%
Flag of New Mexico.svg  New Mexico Primary EnforcementJanuary 1, 1986Age 18+ in all seats$25491.5%
Flag of New York.svg  New York Primary EnforcementDecember 1, 1984All ages in all seats$50 ($135 actual after surcharges) [17] 93.4%
Flag of North Carolina.svg  North Carolina Primary Enforcement, Secondary for back seat [18] October 1, 1985All ages in all seats$180 for front seat; $10 for rear seat; $266 for the driver if a passenger is under 16 [19] 91.4%
Flag of North Dakota.svg  North Dakota Secondary Enforcement3July 14, 1994Age 18+ in front seats; Age under 18 in all seats$20 for age 18+; $25 + 1 point on license for under 18479.3%
Flag of the Northern Mariana Islands.svg  Northern Mariana Islands Primary EnforcementRiders 6+ in age, in all seats$2592.2%
Flag of Ohio.svg  Ohio Secondary EnforcementMay 6, 1986Age 15+ in front seat;

Age 8–14 in all seats

$30 for driver; $20 for passenger82.8%
Flag of Oklahoma.svg  Oklahoma Primary EnforcementFebruary 1, 1987Age 13+ in front seats$2086.9%
Flag of Oregon.svg  Oregon Primary EnforcementDecember 7, 1990All ages in all seats$13096.8%
Flag of Pennsylvania.svg  Pennsylvania Secondary Enforcement3November 23, 1987Age 18+ in front seats;

Age 8-17 in all seats

$1085.6%
Flag of Puerto Rico.svg  Puerto Rico Primary EnforcementAge 9+ or 57 inches and over; Seating unspecified$5087.9%
Flag of Rhode Island.svg  Rhode Island Primary EnforcementJune 18, 1991Age 8+ in all seats$7588.3%
Flag of South Carolina.svg  South Carolina Primary EnforcementJuly 1, 1989Age 6+ in all seats$2592.3%
Flag of South Dakota.svg  South Dakota Secondary EnforcementJanuary 1, 1995Age 18+ in front seats$2574.8%
Flag of Tennessee.svg  Tennessee Primary EnforcementApril 21, 1986Age 16+ in front seats$2588.5%
Flag of Texas.svg  Texas Primary EnforcementSeptember 1, 1985Age 7 years and younger and 57 inches or taller in all seats; Age 8+ years in all seats$200 if under 17 (driver); $50 if 15+ (driver or passenger)91.9%
Flag of Utah.svg  Utah Primary EnforcementApril 28, 1986All ages in all seats$4588.8%
Flag of Vermont.svg  Vermont Secondary Enforcement3January 1, 1994All ages in all seats$2584.5%
Flag of the United States Virgin Islands.svg Virgin Islands (U.S.) Primary EnforcementAll ages in front seats$25 – $25079.1%
Flag of Virginia.svg  Virginia Secondary Enforcement3January 1, 1988All drivers; age 18+ in front seats; under 18 in all seats$2585.3%
Flag of Wake Island.svg Wake Island Primary Enforcement [5] April 10, 2002 [5] All ages [5]  ?No data
Flag of Washington.svg Washington Primary EnforcementJune 11, 1986Age 8+ in all seats$12494.8%
Flag of West Virginia.svg  West Virginia Primary EnforcementSeptember 1, 1993All ages in front seats; 8–17 in rear seats$2589.7%
Flag of Wisconsin.svg  Wisconsin Primary EnforcementDecember 1, 1987Age 8+ in all seats$1089.4%
Flag of Wyoming.svg  Wyoming Secondary EnforcementJune 8, 1989Age 9+ in all seats$25 for driver;

$10 for passenger

84.8%

Note: As of 2017, aggregate seat belt usage in road vehicles in the entire United States is 89.7%. [6]

1 Arizona's law is Primary for under the age of 5.

2 Colorado and Missouri's law is Secondary for adults but Primary for those under the age of 16.

3 Idaho, North Dakota, Pennsylvania, Vermont and Virginia's law is Secondary for adults but Primary for under 18.

4 Kansas, Maryland, and New Jersey, law is Secondary Enforcement for rear seat occupants (18+ in Kansas).
5 These states assess points on one's driving record for the seat belt violation.
6 In California, an additional penalty of $29 shall be levied upon every $10 or fraction thereof, of every fine, penalty, or forfeiture imposed by and collected by the court for criminal offenses, including all traffic offenses, except parking offenses as defined in subdivision (i) of Penal Code § 1463. The additional penalty is calculated as follows: $10 state penalty required by PC 1464, $7 county penalty required by GC 76000(e), $5 court facilities construction penalty required by GC 70372(a), $5 DNA Identification Fund penalty required by GC 76104.6 and 76104.7, $2 emergency medical services penalty required by GC 76000.5. Separately, Penal Code § 1465.8 requires an imposition of an additional fee of $40 for court security on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in Penal Code § 1463. Additionally, GC 70373 requires a $35 criminal facilities conviction assessment.

Damages reduction

A person involved in a car accident who was not using a seat belt may be liable for damages far greater than if they had been using a seat belt. However, when in court, most states protect motorists from having their damages reduced in a lawsuit due to the non-use of a seat belt, even if they were acting in violation of the law by not wearing the seat belt.[ clarification needed ] Currently, damages may be reduced for the non-use of a seat belt in 16 states: Alaska, Arizona, California, Colorado, Florida (See F.S.A. 316.614(10)), Iowa, Michigan, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oregon, West Virginia, and Wisconsin. [20]

Effectiveness

Seat belt laws are effective in reducing car crash deaths. [21] One study found that mandatory-seatbelt laws reduced traffic fatalities in youths by 8% and serious traffic-related injuries by 9%, respectively. [22] Primary-seatbelt laws seem to be more effective at reducing crash deaths than secondary laws. [23] [24]

See also

Notes

  1. One territory in the U.S. Minor Outlying Islands (Wake Island) requires all occupants of vehicles to wear seat belts. [5]
  2. 2016 rate for the Virgin Islands.

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References

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