Law & Legal & Attorney Government & administrative Law

National Seat Belt Laws

    Code of Federal Regulations

    • The Code of Federal Regulations (CFR) for motor vehicles goes into great detail regarding seat belt specifications. CFR does not mandate who needs to use seat belts; rather, it sets code pertaining to seat belt construction and design. CFR defines lap belts as a type 1 seat belt assembly. Lap belts provide pelvic restraint. A type 2 seat belt assembly combines a lap belt with a shoulder belt, providing additional upper-body protection. CFR details everything from seat belt dimensions to materials and installation. For example, seat belt components that come into contact with a person must be "free from burrs and sharp edges," according to CFR. Seat belt assemblies must also come with complete instructions regarding their use and installation.

    State Law Summary

    • As of March 2010, the Governors Highway Safety Association (GHSA) notes that 30 states and the District of Columbia have primary seat belt laws. Under a primary law, law enforcement can stop a motor vehicle strictly for a seat belt offense. Secondary laws, in force in 19 states, require a motorist to be stopped for some other traffic offense before receiving a seat belt citation. New Hampshire, as of March 2010, is the only state without a primary or secondary seat belt law. Advocates point out that seat belt usage rates are higher in states with primary laws.

    Seat Belt Usage Rates

    • The nationwide seat belt usage rate stood at 83 percent in 2008, a 1 percent improvement over 2007, according to the National Highway Traffic Safety Administration (NHTSA). Seat belt use is higher in primary enforcement states. For instance, NHTSA reports that Maine's seat belt usage rate rose from 79.8 percent in 2007 to 83.0 percent in 2008. This increase accompanied transition from a secondary to primary seat belt law. Michigan boasts the highest seat belt use rate in 2008 at 97.2 percent. A review of GHSA data listing seat belt laws shows that Michigan's law is not particularly tough--passengers 16 years of age and older must buckle up in the front seat or face a $25 maximum fine. Oregon, by contrast, requires all persons to buckle up in the front or back seat of a vehicle or face a $97 fine. Their seat belt use rate in 2008 is high as well, at 96.3 percent. Both Michigan and Oregon are primary enforcement states. Wyoming's rate--68.6 percent--is among the lowest. While Wyoming requires all motor vehicle occupants to buckle up, they employ secondary enforcement.

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