Table 9
Key Provisions of Occupant Restraint Laws and 2005 Belt Use Rates

State
Enforcement
Belt Fine
Child Restraint Required1
Safety Belt Required2
Vehicles Exempted and Other Information4
2005 Safety Belt Use Rate
Seats
Ages3
AL Primary $25 4 years and under and <40 lb5 Front Under 15, all seats Designed for >10 passengers, model year <1965, rural mail carriers, newspaper delivery, vehicles normally ­operating in reverse.
81.8%
AK Primary6 $15 3 years and under All All School bus, emergency vehicles, mail or newspaper delivery, non-highway vehicles generally.
78.4%
AZ Secondary $10 4 years and under Front 15 and under, all seats Designed for >10 passengers, model year <1972, rural mail carriers.
94.2%
AR Secondary7 $25 5 years and under and <60 lb8 Front 14 and under, all seats School, church, or public bus; model year <1968.
68.3%
CA Primary $20 5 years and under or <60 lb; <60 lb in rear seat if available All All Emergency vehicles, postal service vehicles, newspaper delivery vehicles.
92.5%
CO Secondary9 $17 5 years and under and <55 inches tall10 Front All Passenger bus, school bus, ambulance, postal service vehicles, delivery and pickup services.
79.2%
CT Primary $15 1-6 years and <60 lb in child restraint system11 Front Under 16, all seats Truck or bus >15,000 lb; public, emergency, and delivery vehicles; postal service vehicles; newspaper delivery vehicles.
81.6%
DE Primary $25 6 years and under and <60 lb All All Postal service vehicles, tractors, off-highway vehicles.
83.8%
DC Primary $5012 7 years and under All All Seating for >8 people.
88.8%
FL Secondary $30 3 years and under Front Under 17, all seats School bus purchased before 1/1/2001; farm tractors, trash trucks, newspaper delivery, living space of RVs, public bus, truck >5,000 lb. Number of passengers in pickup truck required to wear seat belt shall not exceed number of installed front seat belts (extra passengers exempted).
73.9%
GA Primary $15-$25 5 years and under and 57 inches tall or less13 Front 17 and under, all seats14 Designed for >10 passengers, pickups, off-road vehicles, vehicles used for frequent stops. Exemption for pickups applies to passengers 18 years and over.
89.9%
HI Primary $5515 7 years and under and <57 inches tall16 Front 17 and under, all seats Bus or school bus >10,000 lb, emergency vehicles, taxicabs. Exempts persons unable to use seat belt when all available seat belt assemblies are in use (in this case, unsecured children must sit in the back seat).
95.3%
ID Secondary $10 6 years and under All All >8,000 lb, mail carriers, implements of husbandry.
76.0%
IL Primary $25 7 years and under Front 15 and under, all seats Emergency vehicles, vehicles making frequent stops. If driver is under 18, all passengers under 19 must be restrained. Children >40 lb may use lap belt in rear seat if no combination belt is available.
86.0%
IN Primary $25 7 years and under17 Front 15 and under, all seats18 Truck, tractor, RV, pickup truck, SUV if registered as pickup truck, postal vehicles, delivery vehicles, taxi, bus, emergency vehicles, antique cars.
81.2%
IA Primary $25 5 years and under19 Front 10 and under, all seats Delivery vehicles that do not exceed 25 mph between stops, emergency vehicles, postal vehicles.
87.1%
KS Secondary $10 7 years and under, <80 lb, and <67 inches tall20 Front Under 14, all seats Designed for >10 people, truck >12,000 lb, off-road vehicles, postal vehicles, newspaper delivery vehicles.
69.0%
KY Primary21 $25 <40 inches tall All All Designed for >10 people, trucks >12,000 lb, farm trucks 2,000 lb or more, postal vehicles. Safety belt roadblocks prohibited. No points on driving record for belt violations.
66.7%
LA Primary $25 5 years and under22 Front 12 and under, all seats Designed for >10 people, utility vehicles traveling <20 mph, model year <1981, postal vehicles, farm vehicles, persons delivering newspapers.
77.7%
ME Secondary $25-$50 <40 lb in child restraint; 7 years and under and <80 lb in booster seat All All Manufactured without safety belts, postal vehicles. Everyone in school bus equipped with safety belts must use them.
75.8%
MD Primary $25 5 years and under or 40 lb or less Outboard front 15 and under, all seats “Historical” vehicles, for-hire vehicles, farm vehicles within 10 miles of farm, vanpool vehicles, ambulances, funeral limousines, modified vehicles 25+ years old.
91.1%
MA Secondary $25 4 years and under and 40 lb or less All All Trucks >18,000 lb, buses and taxis, emergency vehicles, postal vehicles.
64.8%
MI Primary $25 3 years and under Front 15 and under, all seats23 Taxi, bus, school bus, postal service vehicles, commercial vehicles making frequent stops.
92.9%
MN Secondary $25 3 years and under Front 10 and under, all seats24 Farm pickup trucks, postal vehicles, commercial vehicles making frequent stops if not exceeding 25 mph between stops.
83.9%
MS Primary $25 3 years and under Front Under 16, all seats Farm vehicles, buses, postal vehicles, utility meter readers’ vehicles, all-terrain vehicles, vehicles designed for >15 people.
60.8%
MO Secondary25 $10 Under 4 years and <40 lb in child restraint; 4-7 years, <80 lb, and <57 inches tall in booster seat Front Under 16, all seats Designed for >10 people, truck >12,000 lb, postal service vehicles, vehicles being used for agriculture.
77.4%
MT Secondary26 $20 5 years and under and <60 lb All All Vehicles making frequent stops if exemption obtained from state; construction vehicles.
80.0%
NE Secondary $25 5 years and under Front 15 and under, all seats Model year <1973, farm tractors and other agricultural equipment, buses, postal vehicles, ambulance or rescue service vehicles.
79.2%
NV Secondary $25 5 years and under and 60 lb or less All All Taxi, bus, school bus, postal service vehicles, ­emergency vehicles, delivery vehicles not exceeding 15 mph, any ­vehicle or seating position if the state determines ­compliance is impractical.
94.8%
NH No adult law $25 5 years and under if <55 inches tall All Under 18 only (primary law) School bus, vehicle for hire, model year <1968, antique cars, vehicles in parade traveling at 10 mph or less.
NA
NC Primary $2527 7 years and under and <80 lb28 Front; all seats as of 7/1/07 15 and under, all seats; all ages as of 7/1/07 Designed for >11 people, farm vehicles, postal vehicles, designated commercial vehicles, emergency vehicles. If no lap and shoulder belt, children 40-80 lb may be in lap belt.
86.7%
ND Secondary29 $20 6 years and under and <57 inches tall or <80 lb30 Front 17 and under Designed for >10 people, farm vehicles, rural mail ­carriers. When all seats or all front seat safety belts are used by other occupants.
76.3%
NJ Primary $20 7 years and under and <80 lb31 Front 17 and under, all seats Manufactured before 1966, rural letter carriers.
86.0%
NM Primary $2532 6 years and ­under or <60 lb33 All All Vehicles >10,000 lb, rural letter carriers.
89.5%
NY Primary $50-$10034 6 years and under Front Under 16, all seats Bus, school bus,36 taxi, emergency or delivery vehicle, rural letter carriers.
85.0%
OH Secondary $3036 3 years and under or <40 lb Front — Postal service vehicles, vehicles delivering newspapers.
78.7%
OK Primary $20 5 years and under37 Front 12 and under, all seats Farm vehicles, truck, truck tractor, RV, postal service vehicles, school buses, taxicabs, emergency vehicles.
83.1%
OR Primary $75 or less 5 years and under and 60 lb or less38 All All Newspaper, mail, meter, and transit vehicles; for-hire vehicles; trash trucks, emergency vehicles, taxicab ­operators.
93.3%
PA Secondary $1039 7 years and under40 Front 17 and under, all seats Truck >7,000 lb, rural letter carriers, delivery vehicles traveling at 15 mph or less.
83.3%
RI Secondary41 $75 6 years and under,42 <54 inches tall, and <80 lb All All Postal service vehicles.
74.7%
SC Primary43 $25 1-6 years and 40-80 lb44 All All Emergency vehicles, buses, postal service vehicles, delivery vehicles, vehicles carrying >10 passengers, parade vehicles; vehicles in which all seating positions with safety belts are already occupied; persons occupying rear seat, unless the vehicle is equipped with a shoulder harness.
69.7%
SD Secondary45 $20 4 years and under and <40 lb Front 17 and under, all seats Passenger bus, school bus, rural mail carriers, newspaper or periodical deliveries.
68.8%
TN Primary $1046 8 years and under and <57 inches tall47 Front Under 16, all seats48 >8,500 lb, rural letter carriers, utility workers, newspaper delivery; vehicles in parades, hayrides, or crossing a highway from one field to another if operated at <15 mph.
74.4%
TX Primary $25-$50 4 years and under and <36 inches tall Front 16 and under, all seats49 Designed for >10 people, truck >15,000 lb, farm vehicles, postal service vehicles, meter readers.
89.9%
UT Secondary50 $45 or less51 4 years and under All All Passengers exempted if all seats occupied or if riding in seating positions not equipped with safety belts.
86.9%
VT Secondary $25 6 years and under in child seat52 All All Bus, taxi, rural mail carriers, delivery vehicles traveling at 15 mph or less, emergency vehicles, farm tractors.
84.7%
VA Secondary $25 5 years and under53 Front Under 16, all seats Designed for >10 people, taxi, police vehicles, rural mail carriers, newspaper delivery, utility meter readers, ­commercial vehicles making frequent stops.
80.4%
WA Primary $35 7 years and under and <57 inches All All Designed for >10 people; when all designated seating positions are occupied; vehicles exempted by state regulation, including farm, construction, or commercial vehicles making frequent stops.
95.2%
WV Secondary $2554 7 years and under and <57 inches55 Front Under 17, all seats Designed for >10 people, rural mail carriers.
84.9%
WI Secondary $10 7 years and under, 80 lb or less, <57 inches56 Front All57 Taxis, farm trucks engaged in farming, emergency ­vehicles required to make more than 10 stops per mile, rural mail carriers, land surveyors.
73.3%
WY Secondary58 $2559 8 years and under in rear seat, 80 lb or less in rear seat if available60 All All Postal vehicles, emergency vehicles, buses. Excess ­passengers exempted if all seats are occupied.
NA
USA            
82%
PR            
92.5%

1May include rear-facing child restraint seats, forward-facing child restraint seats, and booster seats.

2Virtually every State exempts persons who for medical reasons cannot use a safety belt and vehicles not originally required to be equipped with safety belts.

3The word “all” used in this category means that everyone in the vehicle must be restrained. For children, that may be in a child restraint.

4Exemptions for emergency vehicles and buses generally do not apply to the driver.

5Children 1 year of age and under or <20 lb must be in rear-facing child restraint; under 5 years or <40 lb in forward-facing child restraint; booster seat until age 6.

6To enforce the safety belt law, the officer must personally observe the violation or have another reason to stop the vehicle.

7If a motorist is wearing a safety belt when stopped for another violation, the fine for that violation is reduced by $10.

8Children 6 years of age or at least 60 lb may be in a safety belt.

9Primary enforcement if the driver is under 17 years of age.

10Children under 1 year of age and <20 lb must be in rear-facing infant seat; 1-3 years and 20-40 lb in forward-facing child seat; 4-5 years and <55 inches in booster seat. Secondary enforcement for children 4-5 years required to be in booster seats.

11Children under 1 year of age or <20 lb must be in rear-facing restraint system; 4 years and older in “student transportation” (not a school bus) in child seat or safety belt. Booster seats may be used only in seating positions with lap and shoulder belts.

12Plus 2 points on license record.

13Child restraint requirement is satisfied for children 3 or 4 years old if restrained in a safety belt; 5 years and under must be in rear seat if available.

14Drivers may be fined up to $100 and seat passengers $50 for each passenger under 16 years old not wearing a safety belt.

15Includes $45 fine and $10 surcharge for neuro-trauma special fund.

16Effective January 1, 2007.

17Children >40 pounds may be restrained by a lap safety belt if: (1) the vehicle is not equipped with lap and shoulder safety belts; or (2) all lap and shoulder safety belts are being used to properly restrain other children <16 years of age (not including the operator’s seat and the front passenger seat).

18The requirement for drivers to assure that children 15 years and under in all seats are belted does not apply to holders of an Indiana driver’s license.

19Children <1 year of age and <20 lb must be in rear-facing child seat; 3 years or older but <6 years may be secured in child restraint, safety belt, or safety harness.

20If the number of children subject to these requirements exceeds the number of passenger securing locations available for use by children, and all securing locations are in use by children, the requirement is waived for the additional children.

21Primary enforcement begins 1/1/07; until then, “courtesy notices” will be given as part of educational phase.

22Children <1 year of age or <20 lb must be in rear-facing child seat; 1 to 4 years and 20 to 40 lb in forward-facing child seat; 4 to 6 years and 40 to 60 lb in booster seat.

23A driver does not have to comply with this requirement if the number of children to be secured exceeds the number of safety belts available. Unsecured children must be seated in other than the front seat, and all front seat passengers must be secured. For pickup trucks, if all safety belts are being used and the vehicle does not have an extended cab or jump seats, unsecured children may be in front seat without a safety belt.

24The safety belt requirement does not apply to persons riding in a vehicle with all available seat belt positions occupied.

25Primary for children <16 years of age.

26Exemption for persons who cannot use a seat belt because all available seat belts are in use.

27On July 1, 2007, the fine for a rear seat passenger will be $10 and no court costs, with secondary enforcement of violations occurring in the rear seat.

28In vehicles with front side passenger air bags, a child <5 years of age and <40 lb shall be properly secured in the rear seat unless the child restraint system is designed for use with air bags.

29Primary enforcement for all positions if occupant is <18 years of age.

30The requirement to use either a child restraint system or a safety belt does not apply either (1) to a child if all available safety belts in the vehicle are in use by other family members or (2) to a child being transported in an emergency situation.

31Seated in rear seat if available.

32Plus 2 points on driving record.

33Children <1 year in a of age in rear-facing infant seat, in rear seat if available; 1-4 years or <40 lb in child safety seat; 5-6 years or <60 lb in booster seat.

34Plus 3 points on license record if the violation involves a child under 16 years of age. Front seat passengers 16 years and older can be fined up to $50 and drivers can be fined up to $100 for each passenger <16 years not wearing a safety belt.

35School buses sold in the State must be equipped with seat belts. Board of Education, via regulations, may provide that on school buses under its jurisdiction, safety belts be used when vehicle is in operation.

36$30 driver, $20 passenger.

37Children >40 lb may be belted in rear seat by a lap belt if vehicle is not equipped with lap and shoulder belts or when the lap and shoulder belts are being used by other children.

38Children 3 years of age or younger and <40 lb in child restraint seat; 4-5 years or 40-60 lb in booster seat.

39Fine is $10, but with court, EMS, judicial, and computer costs the ticket total is $51.50.

40Secondary enforcement for children 4-7 years of age, who must be in booster seats.

42Children 6 years of age and under must be in rear seat if available.

43Safety belt law may not be enforced by checkpoints designed for that purpose. Law does not apply to an occupant if all belts in the vehicle are used by other occupants.

44Children <1 year of age or <20 lb must be in rear-facing infant seat; 5 years and under in rear seat if available; 1-5 years and up to 80 lb in child safety seat unless the knees bend over the seat edge when sitting up straight against the seat back (in this case, use of safety belt is permitted); up to $150 fine, which may be waived with acquisition of child restraint.

45Primary enforcement for all seating positions if occupant is <18 years of age.

46Drivers 18 years of age and older pay $10 if they do not contest the citation; drivers 16-17 years pay $20; $50 if unsuccessfully contested in court.

47Under 1 year of age and <20 lb in rear-facing child seat; 1-3 years and 20 lb or more in forward-facing child seat.

48Drivers 16 or 17 years of age must wear a safety belt. Driver cannot be fined for failure of a passenger >16 years to wear a safety belt.

49Safety belt requirement does not apply to passengers occupying seating positions without safety belts.

50Primary enforcement for all seating positions if occupant is 18 years of age or under.

51Reduced to $15 upon completion of class; standard enforcement for children 18 years of age and under.

53Children at least 4 years of age may be belted if the weight or size of the child makes use of a child restraint device impractical.

54The fine for drivers is $25; the fine for passengers >12 years of age is $10.

55If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver may not be considered in violation.

56Less than 1 year of age or <20 lb in rear-facing child seat; 1-3 years and 20 to 40 lb in forward-facing child seat; 4-7 years, <80 lb, and <57 inches tall in booster seat.

57Rear seat occupants must wear safety belt at any position where a shoulder harness is installed.

58If motorist is wearing safety belt when stopped for another violation, the fine for that violation is reduced by $10.

59Passengers violating the safety belt requirements are subject to a fine of $10.

60Children exempted from booster seat requirement if lap and shoulder belt fits properly across collarbone, chest, and hips and does not pose a danger to neck, face, or abdominal area in the event of a crash or sudden stop.

Source: NHTSA, Regional Office. Updated as of July 1, 2006.

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