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Seat belt laws in the United States

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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]

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

Primary and secondary enforcement

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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 by state and territory

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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 law Date of first law Who is covered Base fine before fees Seat Belt
Usage
(2017)
[6][note 2]
  Alabama Primary Enforcement July 18, 1991 All ages in all seats[7] $25 92.9%
  Alaska Primary Enforcement September 12, 1990 All ages in all seats $15 ($25 actual) 90.1%
  American Samoa Primary Enforcement[3] — All ages in front seats[8] $25[8] 84.9%
  Arizona Secondary Enforcement1 January 1, 1991 All ages in front seats; Under age 16 in all seats $10 ($37.20 actual) 86.1%
  Arkansas Primary Enforcement July 15, 1991 All ages in front seats; Under age 16 in all seats $25 81.0%
  California Primary Enforcement January 1, 1986 All ages in all seats[9][10] $20 ($162 actual); $50 second offense ($190 actual)6 96.2%
  Colorado Secondary Enforcement2
Exception Mountain View where it is a primary violation[11]		 July 1, 1987 All ages in front seats; Under age 18 in all seats $71 83.8%
  Connecticut Primary Enforcement January 1, 1986 All ages in all seats $92 90.3%
  Delaware Primary Enforcement January 1, 1992 All ages in all seats $25 91.4%
  District of Columbia Primary Enforcement December 12, 1985 All ages in all seats $504 93.6%
  Florida Primary Enforcement July 1, 1986 All ages in front seats; Under age 18 in all seats $30 ($116 actual) 90.2%
  Georgia Primary Enforcement July 1, 1996[12] All ages in front seats; Under age 18 in all seats $15 97.1%
  Guam Primary Enforcement — All ages in all seats $100 91.0%
  Hawaii Primary Enforcement December 16, 1985 All ages in all seats $45 ($112 actual) 96.9%
  Idaho Secondary Enforcement3 July 1, 1986 All ages in all seats $10 ($51.50 actual) 81.2%
  Illinois Primary Enforcement January 1, 1988 All ages in all seats $164 minimum fine 93.8%
  Indiana Primary Enforcement July 1, 1987 All ages in all seats $25 93.0%
  Iowa Primary Enforcement July 1, 1986 All ages in front seats; Under 18 in rear seats[13] $25 ($127.50 actual) 91.4%
  Kansas Primary Enforcement4 July 1, 1986 Age 14+ in all seats $60 for age 14-17; $10 for 18+ 82.0%
  Kentucky Primary Enforcement July 15, 1994 Age 7 and younger and over 57 in (140 cm) in all seats; 8+ in all seats $25 86.8%
  Louisiana Primary Enforcement July 1, 1986 Age 13+ in front seats $25 87.1%
  Maine Primary Enforcement December 26, 1995 Age 18+ in all seats $50 88.9%
  Maryland Primary Enforcement4 July 1, 1986 Age 16+ in all seats $83 92.1%
  Massachusetts Secondary Enforcement February 1, 1994 Age 13+ in all seats[14][15] $25 73.7%
  Michigan Primary Enforcement July 1, 1985 Age 16+ in front seats, under 16 in rear seats $25 ($65 actual) 94.1%
  Minnesota Primary Enforcement August 1, 1986 7 and younger and over 57 in (140 cm) in all seats; 8+ in all seats $25 +$75 fee 92.0%
  Mississippi Primary Enforcement July 1, 1994 Age 7+ in all seats $25 78.8%
  Missouri Secondary Enforcement2 September 28, 1985 Age 16+ in front seats;

Age 8-15 in all seats

$10 for age 16+; $50 for age 8-15 84.0%
  Montana Secondary Enforcement October 1, 1987 Age 6+ in all seats $20 78.0%
  Nebraska Secondary Enforcement January 1, 1993 Age 18+ in front seats $25 85.9%
  Nevada Secondary Enforcement July 1, 1987 Age 6+ in all seats $25 90.6%
  New Hampshire None for adults, primary for minors only August 18, 1997[16] Age 17 and under in all seats $50 67.6%
  New Jersey Primary Enforcement4 March 1, 1985 Age 8+ in all seats $46 per person 94.1%
  New Mexico Primary Enforcement January 1, 1986 Age 18+ in all seats $254 91.5%
  New York Primary Enforcement December 1, 1984 All ages in all seats $50 ($135 actual after surcharges)[17] 93.4%
  North Carolina Primary Enforcement, Secondary for back seat[18] October 1, 1985 All 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%
  North Dakota Secondary Enforcement3 July 14, 1994 Age 18+ in front seats; Age under 18 in all seats $20 for age 18+; $25 + 1 point on license for under 184 79.3%
  Northern Mariana Islands Primary Enforcement — Riders 6+ in age, in all seats $25 92.2%
  Ohio Secondary Enforcement May 6, 1986 Age 15+ in front seat;

Age 8–14 in all seats

$30 for driver; $20 for passenger 82.8%
  Oklahoma Primary Enforcement February 1, 1987 Age 13+ in front seats $20 86.9%
  Oregon Primary Enforcement December 7, 1990 All ages in all seats $130 96.8%
  Pennsylvania Secondary Enforcement3 November 23, 1987 Age 18+ in front seats;

Age 8-17 in all seats

$10 85.6%
  Puerto Rico Primary Enforcement — Age 9+ or 57 inches and over; Seating unspecified $50 87.9%
  Rhode Island Primary Enforcement June 18, 1991 Age 8+ in all seats $75 88.3%
  South Carolina Primary Enforcement July 1, 1989 Age 6+ in all seats $25 92.3%
  South Dakota Secondary Enforcement January 1, 1995 Age 18+ in front seats $25 74.8%
  Tennessee Primary Enforcement April 21, 1986 Age 16+ in front seats $25 88.5%
  Texas Primary Enforcement September 1, 1985 Age 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%
  Utah Primary Enforcement April 28, 1986 All ages in all seats $45 88.8%
  Vermont Secondary Enforcement3 January 1, 1994 All ages in all seats $25 84.5%
  Virgin Islands (U.S.) Primary Enforcement — All ages in front seats $25 – $250 79.1%
  Virginia Secondary Enforcement3 January 1, 1988 All drivers; age 18+ in front seats; under 18 in all seats $25 85.3%
  Wake Island Primary Enforcement[5] April 10, 2002[5] All ages[5] ? No data
  Washington Primary Enforcement June 11, 1986 Age 8+ in all seats $124 94.8%
  West Virginia Primary Enforcement September 1, 1993 All ages in front seats; 8–17 in rear seats $25 89.7%
  Wisconsin Primary Enforcement December 1, 1987 Age 8+ in all seats $10 89.4%
  Wyoming Secondary Enforcement June 8, 1989 Age 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

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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

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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

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Notes

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  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.

References

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  1. ^ a b US Department of Transportation National Highway Traffic Safety Administration (January 1, 1968). "Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety Standard No. 208 - Occupant Crash Protection Passenger Cars". Archived from the original on May 29, 2014. Retrieved May 7, 2014.
  2. ^ a b c "State laws by Issue: Seat Belts". Governors highway safety association. 2019. Retrieved 2019-07-03.
  3. ^ a b "A Guide to Seat Belt Laws in the United States". Car laws. 5 April 2015. Retrieved July 3, 2019.
  4. ^ "Safety belt use laws". Insurance Institute for Highway Safety. October 2009. Retrieved 2009-10-30.
  5. ^ a b c d "Wake Island Code, 32 CFR Part 935". Federal Register. April 9, 2002. Retrieved 2019-07-03.
  6. ^ a b c "Traffic Safety Facts: Seat Belt Use in 2017 – Use Rates in the States and Territories (DOT HS 812 546)". U.S. Department of Transportation, National Highway Traffic Safety Administration. June 2018. Retrieved 2019-07-25.
  7. ^ "Alabama changes seat belt law". 27 August 2019.
  8. ^ a b "Title 22 Highways and Motor Vehicles — Chapter 03 Rules of the Road — Section 22.0333 Mandatory use of seat belts". American Samoa Bar Association. 2011. Retrieved July 3, 2019.
  9. ^ "California Driver Handbook - Occupant Protection". Retrieved 2018-12-20.
  10. ^ "California Highway Patrol Child Passenger Safety Laws and Guidelines" (PDF). Retrieved 2018-12-20.
  11. ^ 9News Jeremy Jojola on Denver Metro Speed Traps. 9News. 8 June 2015. Archived from the original on 2021-12-21.
  12. ^ Cosgrove, L.; Preusser, D.; Preusser, C.; Ulmer, R. (1998). "Evaluation of Primary Safety Belt Laws in California, Louisiana, and Georgia". Annual Proceedings / Association for the Advancement of Automotive Medicine. 42: 261–275. PMC 3400197.
  13. ^ "Iowa Department of Public Safety | Iowa Department of Public Safety" (PDF). dps.iowa.gov. Retrieved 25 July 2022.
  14. ^ "PartI Title XIV Chapter90 Section 13a". Massachusetts General Laws. 2019. Retrieved September 4, 2019.
  15. ^ "Child passenger restraint law". Massachusetts General Laws. 2019. Retrieved September 4, 2019.
  16. ^ HB 273-FN Final Version, Chapter 244, 1997 Session, New Hampshire. "244:2 New Paragraph; Safety Belt Required for Drivers Under 18. Amend RSA 265:107-a by inserting after paragraph I the following new paragraph: I-a. No person who is less than 18 years of age shall drive a motor vehicle on any way unless such person is wearing a seat or safety belt which is properly adjusted and fastened." Retrieved on 2020-01-25 from http://www.gencourt.state.nh.us/legislation/1997/HB0273.html.
  17. ^ "vehicle and traffic state mandated surcharges $85 for seat belt". Horseheads.org. Retrieved 2011-07-16.
  18. ^ "Court costs and fees chart" (PDF). NCCourts.gov. Retrieved 2018-11-24.
  19. ^ "NCDOT: Click It or Ticket".
  20. ^ "Child restraint/belt use laws". Iihs.org. Retrieved 2011-07-16.
  21. ^ Cohen, Alma; Einav, Liran (November 2003). "The Effects of Mandatory Seat Belt Laws on Driving Behavior and Traffic Fatalities" (PDF). Review of Economics and Statistics. 85 (4): 828–843. doi:10.1162/003465303772815754. S2CID 7309959.
  22. ^ Carpenter, Christopher S.; Stehr, Mark (May 2008). "The effects of mandatory seatbelt laws on seatbelt use, motor vehicle fatalities, and crash-related injuries among youths" (PDF). Journal of Health Economics. 27 (3): 642–662. doi:10.1016/j.jhealeco.2007.09.010. PMID 18242744.
  23. ^ Lee, Lois K.; Monuteaux, Michael C.; Burghardt, Lindsey C.; Fleegler, Eric W.; Nigrovic, Lise E.; Meehan, William P.; Schutzman, Sara A.; Mannix, Rebekah (4 August 2015). "Motor Vehicle Crash Fatalities in States With Primary Versus Secondary Seat Belt Laws". Annals of Internal Medicine. 163 (3): 184–90. doi:10.7326/M14-2368. PMID 26098590. S2CID 25055702.
  24. ^ Rivara, FrederickP.; Thompson, DianeC.; Cummings, Peter (January 1999). "Effectiveness of primary and secondary enforced seat belt laws". American Journal of Preventive Medicine. 16 (1): 30–39. doi:10.1016/S0749-3797(98)00113-5. PMID 9921384.
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