What States Don't Use the Primary Seat Belt Laws?

There are two types of seat belt laws: primary and secondary. Primary seat belt laws allow law enforcement officers within a state that honors them to ticket a driver for not wearing a seat belt without the driver committing any other traffic offense. Secondary seat belt laws only allow the law enforcement officer to issue a ticket to the driver for not wearing a seat belt if the driver has committed another citable traffic offense.

Primary Seat Belt Law Basics

According to the Governors Highway Safety Association, 30 states and the District of Columbia have primary seat belt laws, 19 states have secondary laws and New Hampshire does not have primary or secondary seat belt laws for adults, but has enacted primary seat belt laws for children 18 and under. Primary seat belt laws depending on the state apply to the front seat, back seat or all seats. The driver can be ticketed and fined for primary seat belt law violations in any amount ranging from $15 to $250, depending on the state.

States without Primary Seat Belt Laws

There are only 19 states that do not have primary seat belt laws. These states are: Arizona, Colorado, Idaho, Kansas, Massachusetts, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, West Virginia and Wyoming.

Enforcement

Even if your state is one of the 19 states that do not have primary seat belt laws, you should be aware of the consequences. If you are driving in another state that has primary seat belt laws, you are subject to be fined and ticketed if you and/or your passengers are not wearing a safety belt. You should also be aware that more states are adapting primary seat belt laws, so just because your state has not adopted a primary seat belt law does not mean it will not do so in the future.

Secondary Seat Belt Law Basics

Secondary seat belt laws are not as strict as primary seat belt laws. Since they are not as strict, the number of adults that wear their seat belts in these states can be more limited. Secondary seat belt laws apply to either the front seat or all seats. The driver can be ticketed and fined for secondary seat belt violations in any amount from $10 to $75, depending on the state.

Seat Belt Laws and Child Safety

Primary seat belt laws and secondary seat belt laws are in place for adults. According to Governors Highway Association, all 50 states and the District of Columbia require young children that meet certain criteria have child safety seats. 47 states and the District of Columbia require children who have outgrown their safety seats to be secure in booster seats or other appropriate devices if they are too small to use an adult seat belt properly and safely. There are only three states without booster seat laws: Arizona, Florida and South Dakota. The child is supposed to meet certain safety belt, car seat and booster seat requirements based on age, weight and height. If the child is not properly secured according to these requirements, the driver will be ticketed and fined. First offense fines range from $10 to $200 depending on the state.

References

• Governors Highway Safety Association
• The Boston Globe
• Almanac of Policy Issues

Resources

• The Governors Highway Safety Association