MOST WANTED
TRANSPORTATION SAFETY
IMPROVEMENTS

State Issues
HIGHWAY
Enact Primary Seat Belt Enforcement Laws


Importance

The number of fatal injuries to occupants of highway vehicles has always been the highest of any mode of transportation.

In 2009, according to data released by NHTSA, more than 23,000 people died as occupants in auto crashes; and 55 percent of them were unrestrained. Using lap/shoulder belts reduces the risk of fatal injury to front seat passengers by 45 percent and the risk of moderate-to-critical injury by 50 percent.

In a 2006 study, it was shown that when adults were wearing their seat belts, 87 percent of children were also restrained; but when adults were not wearing their seat belts, only 58 percent of children were restrained. [1]

The use rates in states that have enacted primary seat belt enforcement laws are 10–15 percentage points higher than use rates than states that have only secondary enforcement.

NHTSA estimates that seat belts saved 13,250 lives in 2008 and 12,713 lives in 2009. Had all passenger vehicle occupants over age 5 used seat belts, an additional 4,152 lives would have been saved in 2008 and an additional 3,688 lives in 2009.

Safety Recommendation: This issue area currently includes one recommendation (H-97-2).

H-97-2 (to the states, the District of Columbia, and the territories)
Issued: July 1, 1997
Added to the Most Wanted List: 1998
Status: Varies

Enact legislation that provides for primary enforcement of mandatory seat belt use laws, including provisions such as the imposition of driver's license penalty points and appropriate fines. Existing legal provisions that insulate people from the financial consequences of not wearing a seat belt should be repealed.[2] (Source: Letter of recommendation dated July 1, 1997, as a result of the NTSB's 1997 Public Forum on Air Bags and Child Passenger Safety)

Summary of Action

Thirty-one states (AL, AK, AR, CA, CT, DE, FL, GA, HI, IL, IN, IA, KS, KY, LA, ME, MD, MI, MN, MS, NJ, NM, NY, NC, OK, OR, SC, TN, TX, WA, and WI), the five territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands), and the District of Columbia have enacted primary enforcement laws. However, the primary enforcement law applies to all seating positions in only 17 states (AK, CA, DE, IN, KS, KY, LA, ME, MN, NJ, NC, NM, OR, SC, TX, WA, and WI), the District of Columbia, and three territories (Guam, Northern Mariana Islands, and Puerto Rico).

Fines for noncompliance in the United States typically range from $10–$25. Ten states and the District of Columbia assess a fine (sometimes combined with special fees) of $50 or more. Only the District of Columbia, New Mexico, New York, and the U.S. Virgin Islands assess penalty points for seat belt violations.

In 2009, four states (AR, FL, MN, and WI) enacted primary enforcement laws; the laws in Arkansas and Florida apply only to the front seat, while the laws in Minnesota and Wisconsin apply to all seating positions. Two states (LA and TX) and Guam amended their primary seat belt enforcement laws to apply to all seating positions. In addition, at least 21 states (AL, CO, ID, IL, KS, MA, MO, MT, NE, NV, NJ, NY, ND, OH, OK, RI, SD, TN, VT, VA, and WY) considered legislation to authorize primary enforcement or to make other improvements to their existing seat belt laws.

In 2010, three states (GA, KS, and NJ) amended their seat belt laws. Kansas authorized primary enforcement of its front seat law and required rear seat occupants to use seat belts but only authorized secondary enforcement. New Jersey, which already authorized primary enforcement of its front seat belt law, amended its law to authorize secondary enforcement of a new provision requiring rear seat occupants to use seat belts. Georgia amended its seat belt law to remove its pickup truck exemption. In addition, at least seven states (AL, CO, NE, NY, PA, RI, and WI) considered legislation to authorize primary enforcement or to make other improvements to their existing seat belt laws.

Action(s) Remaining

Nineteen states should enact a primary seat belt enforcement law, 11 of which should also apply the law to all seating positions; and 14 primary enforcement states and 2 primary enforcement territories should enact seat belt laws that apply to all seating positions.

Footnotes

  1. United States Department of Transportation, National Highway Traffic Safety Administration, Child Restraint Use in 2006 - Overall Results, DOT HS 810 737 (Washington, DC: NHTSA, 2007) 1.
  2. This element concerns state laws that prohibit evidence of seat belt non-use in civil trials.