Mandatory Seatbelt Laws
Since 1968, the United States government has required automobiles to contain seat belts in an effort to reduce traffic injuries and deaths. However, laws concerning the mandatory use of seat belts is enacted by each individual state. Today's mandatory seat belt laws differ in terms of who they apply to and how they are enforced.
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States with Laws
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Currently all states, along with the District of Colombia, have some sort of mandatory seat belt law with the lone exception of New Hampshire. New York was the first state to require seat belts for adult passengers in a 1984 piece of legislation, and other states soon followed. Maine was the most recent state to add a mandatory seat belt law, in 1995. Most states also have a unique law that deals with child safety seats, determining at what age or size a child may be considered an adult occupant for the purposes of seat belt laws.
Usage Requirements
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Mandatory seat belt laws generally take two things into consideration: the age of the passenger and the placement of the seat within the vehicle. States differ in whether they require seat belts to be used in all seats, or only in front seats. Likewise, some states, such as Kansas, New Jersey, and Texas, require teenagers in a certain age range to use seat belts in all seats, while older passengers are only required to use them in the front seat.
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Primary and Secondary Offenses
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Each state also has its own determination of whether a violation of a mandatory seat belt law is a primary or secondary offense. In 30 states, failure to wear a seat belt is a primary offense and the driver or adult passenger can be ticketed even if no other infractions occur. The remaining 19 states consider seat belt violations a secondary offense, meaning that a police officer cannot write a seat belt ticket unless it is in addition to a more serious traffic citation.
Fines
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All states with mandatory seat belt laws assess fines as a way of motivating drivers and passengers to comply. Washington state has the highest initial fine, with $124. Other states, such as Wisconsin, Pennsylvania and Idaho charge as little as $10 for the same violation. Some states also include provisions for an increased penalty for a second or third offense, such as Maine where a third seat belt citation carries a $310 fine. Additional fees and surcharges make seat belt tickets in some states with modest fees much higher.
School Buses
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In most states, different laws apply to the mandatory use of seat belts on school buses. While individual school districts may set their own school but seat belt policy, there was an intensive push toward greater seat belt use on school buses in the 1990s. As with mandatory seat belt laws for cars, the first step has been the requirement of seat belts to be installed on all new vehicles, with laws governing their use only effective once the belts themselves are available to all student passengers.
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