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https://en.wikipedia.org/wiki/Seat_belt_laws_in_the_United_States
Seat belt laws in the United States
Most seat belt laws in the United States are left to the states and territories. However, 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.[2] Initially, seat belt use was voluntary. New York was the first state to pass a law which required vehicle occupants to wear seat belts, a law that came into effect on December 1, 1984. New Hampshire is the only state that has no enforceable laws for the wearing of seat belts in a vehicle.[3]
Primary and secondary enforcement[edit]
U.S. seat belt laws may be subject to primary enforcement or secondary enforcement. Primary enforcement allowing a peace 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, the seat belt law is considered a secondary offense, which means that a peace 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 the seat belt law was originally a secondary offense; in many it was later changed to a primary offense: California was the first state to make this change, in 1993. Of the 30 states with primary seat belt laws, all but California, Connecticut, Hawaii, Iowa, New Mexico, New York, North Carolina, and Oregon, 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.[3][4]
Laws by state and territory[edit]
This table contains a brief summary of all seat belt laws in the United States.[3][5]
This list includes only seat belt laws, which often do not themselves apply to children. Even so, all 50 U.S. states, the District of Columbia, and all 5 inhabited U.S. territories have separate child restraint laws.[note 1] Note that these fines are the base fines only. In many cases, significant add-on fees, such as the head injury fund and court security fees, can increase the total assessed fine often by up to a factor of five times as much. These are also for a "first offense", and fines for subsequent offenses are often much higher.[citation needed]
Twenty-three states, the District of Columbia, Guam, and the Northern Mariana Islands had seat belt usage rates of 90% or higher in 2017.[7]
| State, federal district, or territory | Type of law | Date of first law | Who is covered | Base fine before fees | Seat Belt Usage (2017) [7][note 2] |
|---|---|---|---|---|---|
 Alabama | Primary Enforcement | July 18, 1991 | All ages in all seats[8] | $25 | 92.9% |
 Alaska | Primary Enforcement | September 12, 1990 | Age 16+ in all seats | $15 ($25 actual) | 90.1% |
 American Samoa | Primary Enforcement[4] | — | All ages in front seats[9] | $25[9] | 84.9% |
 Arizona | Secondary Enforcement | January 1, 1991 | Age 8+ in front seats; Age 8–15 in all seats | $10 ($37.20 actual) | 86.1% |
 Arkansas | Primary Enforcement | July 15, 1991 | Age 15+ in front seats | $25 | 81.0% |
 California | Primary Enforcement | January 1, 1986 | All ages in all seats[10][11] | $20 ($162 actual) $50 second offense ($190 actual)5 | 96.2% |
 Colorado | Secondary Enforcement1 Exception Mountain View where it is a primary violation[12] | July 1, 1987 | Age 16+ in front seats | $71 | 83.8% |
 Connecticut | Primary Enforcement | January 1, 1986 | Age 7+ in front seats | $92 | 90.3% |
 Delaware | Primary Enforcement | January 1, 1992 | Age 16+ in all seats | $25 | 91.4% |
 District of Columbia | Primary Enforcement | December 12, 1985 | Age 16+ in all seats | $504 | 93.6% |
 Florida | Primary Enforcement | July 1, 1986 | 6+ years in front seat; 6 through 17 years in all seats | $30 ($116 actual) | 90.2% |
 Georgia | Primary Enforcement | September 1, 1988 | Age 8–17 in all seats; Age 18+ in front seats | $15 | 97.1% |
 Guam | Primary Enforcement | — | All ages in all seats | $100 | 91.0% |
 Hawaii | Primary Enforcement | December 16, 1985 | Age 8+ in all seats | $45 ($112 actual) | 96.9% |
 Idaho | Secondary Enforcement2 | July 1, 1986 | Age 7+ in all seats | $10 ($51.50 actual) | 81.2% |
 Illinois | Primary Enforcement | January 1, 1988 | Age 16+ in all seats | $164 minimum fine | 93.8% |
 Indiana | Primary Enforcement | July 1, 1987 | Age 16+ 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 Enforcement3 | 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 more than 57 inches 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 Enforcement3 | 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 | $25 ($65 actual) | 94.1% |
 Minnesota | Primary Enforcement | August 1, 1986 | 7 and younger and more than 57 inches 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 Enforcement1 | 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 Enforcement3 | 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 | Age 16+ in front seats; under 16 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 | $179 for front seat; $10 for rear seat | 91.4% |
 North Dakota | Secondary Enforcement2 | 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; 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 Enforcement2 | 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 over 15 (driver or passenger) | 91.9% |
 Utah | Primary Enforcement | April 28, 1986 | All ages in all seats | $45 | 88.8% |
 Vermont | Secondary Enforcement2 | January 1, 1994 | All ages in all seats | $25 | 84.5% |
 Virgin Islands (U.S.) | Primary Enforcement | — | All ages in front seats | $25 to $250 | 79.1% |
 Virginia | Secondary Enforcement2 | January 1, 1988 | All drivers; age 18+ in front seats; under 18 in all seats | $25 | 85.3% |
 Wake Island | Primary Enforcement[6] | April 10, 2002[6] | All ages[6] | ? | 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% |
1 Colorado and Missouri's law is Secondary for adults but Primary for under the age of 16.
2 Idaho, North Dakota, Pennsylvania, Vermont and Virginia's law is Secondary for adults but Primary for under 18.
3 Kansas, Maryland, and New Jersey, law is Secondary Enforcement for rear seat occupants (18+ in Kansas).
4 These states assess points on one's driving record for the seat belt violation.
5 In California- An additional penalty of $24 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:
Note: As of 2017, seat belt usage rate in the entire United States is 89.7%.[7]
Damages reduction[edit]
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. 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.[19]
Effectiveness[edit]
Seat belt laws are effective in reducing car crash deaths.[20] One study found that mandatory-seatbelt laws reduced traffic fatalities by 8% and serious traffic-related injuries by 9%, respectively.[21] Primary-seatbelt laws seem to be more effective at reducing crash deaths than secondary laws.[22][23]
See also[edit]
- Seat belt legislation
- Seat belt use rates in the United States
- Transportation safety in the United States
Notes[edit]
- ^ One territory in the U.S. Minor Outlying Islands (Wake Island) requires all occupants of vehicles to wear seat belts.[6]
- ^ 2016 rate for the Virgin Islands.
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