Seat belt legislation in the United States

From Wikipedia, the free encyclopedia

Most Seat belt legislation in the United States is left to the states. However, the first seat belt law was a federal law which took effect on January 1, 1968 and required all vehicles (except buses) to be fitted with seatbelts in all designated seating positions. Since then this law was modified to require 3-point seatbelts in outboard seating positions, and finally 3-point seatbelts in all seating positions. Seatbelt use was not compulsory. New York was the first state to pass a law which required vehicle occupants to wear seatbelts with effect from December 1, 1984.

U.S. seatbelt legislation may be subject to Primary enforcement or Secondary enforcement. Primary enforcement allows a police officer to stop and ticket a driver if he observes a violation. Secondary enforcement means that a police officer may only stop a driver for a seatbelt violation if the driver committed another, primary, violation (such as speeding, running a stop sign, etc.) at the same time. As of January 2007, 25 states and the District of Columbia have primary laws, 24 states have secondary laws, and one state (New Hampshire) has no law requiring seat belt use for adults.

1 The laws by state
2 Secondary enforcement
3 Damages reduction
4 See also
5 References

[edit] The laws by state

This table contains a brief summary of all seatbelt laws in the United States^[1]. This list includes only seatbelt laws, which often do not themselves apply to children; however, all 50 states and the District of Columbia have separate child restraint laws, including a law in Massachusetts requiring anyone sitting in the front seat to be 5 feet and 100 pounds. Keep in mind these fines are the base fines only before in many cases considerable extra fees for such as the head injury fund, court security fees can mark up the fine to almost 5 times as much in some cases. These are also "first offense" fines. A subsequent offense may be much higher.

State	Type of Law	Original effective date	Who is covered	Base Fine Before fees
Alabama	Primary Enforcement	July 18, 1991	Age 15+ in front seats	$25
Alaska	Primary Enforcement	September 12, 1990	Age 16+ in all seats	$15
Arizona	Secondary Enforcement	January 1, 1991	Age 5+ in front seats; Age 5-15 in all seats	$10
Arkansas	Secondary Enforcement	July 15, 1991	Age 15+ in front seats	$25
California	Primary Enforcement	January 1, 1986	Age 16+ in all seats	$20 ($88 actual) $50 second offense ($190 actual)^[2]
Colorado	Secondary Enforcement; Primary for children	July 1, 1987	All front seats; under 16 all seats	$18.60
Connecticut	Primary Enforcement	January 1, 1986	Age 7+ in front seats	$15
Delaware	Primary Enforcement	January 1, 1992	Age 16+ in all seats	$25
District of Columbia	Primary Enforcement	December 12, 1985	Age 16+ in all seats	$50²
Florida	Secondary Enforcement	July 1, 1986	Age 6+ in front seats; Age 6-17 in all seats	$30
Georgia	Primary Enforcement	September 1, 1988	Age 6-17 in all seats; Age 18+ in front seats	$15
Hawaii	Primary Enforcement	December 16, 1985	Age 8-17 in all seats; Age 18+ in front seat	$45
Idaho	Secondary Enforcement	July 1, 1986	Age 7+ in all seats	$25
Illinois	Primary Enforcement	January 1, 1988	Age 16+ in front seats	$25
Indiana	Primary Enforcement	July 1, 1987	Age 16+ in all seats	$25
Iowa	Primary Enforcement	July 1, 1986	Age 11+ in front seats	$25
Kansas	Secondary Enforcement	July 1, 1986	Age 14-17 in all seats; age 18+ in front seat	$30
Kentucky	Primary Enforcement	July 15, 1994	More than 40 in. tall in all seats	$25
Louisiana	Primary Enforcement	July 1, 1986	Age 13+ in front seats	$25
Maine	Secondary Enforcement	December 26, 1995	Age 18+ in all seats	$50
Maryland	Primary Enforcement	July 1, 1986	Age 16+ in front seats	$25
Massachusetts	Secondary Enforcement	February 1, 1994	Age 12+ in all seats	$25
Michigan	Primary Enforcement	July 1, 1985	Age 4+ in front seats; Age 4-15 in all seats	$25
Minnesota	Secondary Enforcement	August 1, 1986	All in front seats; Age 3-10 in all seats	$25
Mississippi	Primary Enforcement	July 1, 1994	Age 4-7 in all seats; Age 8+ in front seat	$25
Missouri	Secondary Enforcement	September 28, 1985	Age 16+ in front seats	$10
Montana	Secondary Enforcement	October 1, 1987	Age 6+ in all seats	$20
Nebraska	Secondary Enforcement	January 1, 1993	Age 18+ in all seats	$25
Nevada	Secondary Enforcement	July 1, 1987	Age 6+ in all seats	$25
New Hampshire	No law	No law	None	None
New Jersey	Primary Enforcement	March 1, 1985	Age 18+ in front seat; age 8-17 in all seats	$50 per person
New Mexico	Primary Enforcement	January 1, 1986	Age 18+ in all seats	$25²
New York	Primary Enforcement	December 1, 1984	Age 16+ in front seats	$50 ($105 Actual after sucharges)^[3]
North Carolina	Primary Enforcement¹	October 1, 1985	Age 16+ in all seats	$25
North Dakota	Secondary Enfocement	July 14, 1994	Age 18+ in front seats	$20
Ohio	Secondary Enforcement	May 6, 1986	Age 15+ in front seat; 4-14 in all seats	$30
Oklahoma	Primary Enforcement	February 1, 1987	Age 13+ in front seats	$20
Oregon	Primary Enforcement	December 7, 1990	Age 16+ in all seats	$90
Pennsylvania	Secondary Enforcement	November 23, 1987	Age 8+ in front seats	$10
Rhode Island	Secondary Enforcement	June 18, 1991	Age 13+ in all seats	$57
South Carolina	Primary Enforcement	July 1, 1989	Age 6+ in all seats	$25
South Dakota	Secondary Enforcement	January 1, 1995	Age 18+ in front seats	$20
Tennessee	Primary Enforcement	April 21, 1986	Age 16+ in front seats	$50
Texas	Primary Enforcement	September 1, 1985	Age 5-16 in all seats; 17+ in front seat	$200
Utah	Secondary Enforcement	April 28, 1986	Age 16+ in all seats	$45
Vermont	Secondary Enforcement	January 1, 1994	Age 16+ in all seats	$25
Virginia	Secondary Enforcement ⁴	January 1, 1988	Age 16+ in front seats^[4]	$25
Washington	Primary Enforcement	June 11, 1986	Age 16+ in all seats	$37($101 actual)
West Virginia	Secondary Enforcement	September 1, 1993	Age 8+ in front seats; 8-17 in all seats	$25
Wisconsin	Secondary Enforcement	December 1, 1987	Age 8+ in all seats	$10
Wyoming	Secondary Enforcement	June 8, 1989	Age 9+ in all seats	$25

¹North Carolina's law is Secondary Enforcement for rear seat occupants.
²These states assess points on one's driving record for the seat belt violation.
³In 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:

• State penalty required by PC 1464 $10, • County penalty required by GC 76000(e), $ 7 • Court facilities construction penalty required by GC 70372(a),$ 3 • DNA Identification Fund penalty required by GC 76104.6 and 76104.7,$ 2 • Emergency medical services penalty required by GC 76000.5,$ 2

Penal Code § 1465.8 requires imposition of an additional fee of twenty dollars ($20) for court security on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in Penal Code § 1463,$20
⁴ Virginia's Law is Secondary for adults but Primary for under the age of 16.

[edit] Secondary enforcement

In 24 out of the 50 states, the seat belt law is considered a secondary offense, which means that a police officer cannot stop and ticket a driver for the sole offence of not wearing a seatbelt. (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) he may additionally be charged for not wearing a seatbelt. 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 do this, in 1993. Of the 26 states with primary seat belt laws, all but 8, Connecticut, Hawaii, Iowa, New Mexico, New York, North Carolina, Oregon, and Texas, originally had only secondary enforcement laws.

[edit] Damages reduction

A person involved in a car accident who was not using a seatbelt may be liable for damages far greater than if they had been using a seatbelt. However, when in court, most states protect motorists from having their damages reduced in a lawsuit due to the nonuse of a seatbelt, even if they were acting in violation of the law by not wearing the seatbelt. Currently, damages may only be reduced for the nonuse of a seatbelt in 14 states^[5]: Alaska, Arizona, Colorado, Florida, Iowa, Michigan, Missouri, Nebraska, New Jersey, New York, Ohio, Oregon, West Virginia, and Wisconsin.