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Seat Belt Laws
November 2009
Seat belt laws are divided into two categories: primary and secondary. Primary seat belt laws allow law enforcement officers to ticket a driver for not wearing a seat belt, without any other traffic offense taking place. Secondary seat belt laws state that law enforcement officers may issue a ticket for not wearing a seat belt only when there is another citable traffic infraction.
- 30 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the Virgin Islands have primary seat belt laws.
- 19 states have secondary laws.
- New Hampshire has enacted neither a primary nor a secondary seat belt law for adults, although the state does have a primary child passenger safety law that covers children under 18.
Specific laws vary greatly from state to state, depending on the age of the rider and in what seat he or she is sitting.
NOTE: This chart covers seat belt laws for adults and young adults only. For requirements for infants, toddlers, and children, see GHSA's Child Passenger Safety Laws chart.
States with Primary Seat Belt Laws
State |
Who is Covered
(Yrs.) |
In What Seat |
Maximum Fine
First Offense |
|
Alabama |
>15 |
Front |
$25 |
|
Alaska |
>16 |
All |
$15 |
|
American Samoa |
No data |
| Arkansas |
>15 |
Front |
$25 |
|
California |
>16 |
All |
$20 |
|
Connecticut |
>7 |
Front |
$15 |
|
Delaware 1 |
>16 |
All |
$25 |
| D.C. |
>16 |
All |
$50 |
|
Florida |
>6 |
Front |
$30 |
| 6-17 |
All |
|
Georgia |
6-17 |
All |
$15 |
|
>18, pick-up drivers exempted |
Front |
|
Guam |
<11 |
All |
No data |
| All |
Front |
|
Hawaii |
8-17 |
All |
$92 |
| >18 |
Front |
|
Illinois |
<18, if driver <19 |
All |
$25 |
|
>16 |
Front |
|
Indiana |
>16 |
All |
$25 |
|
Iowa |
>11 |
Front |
$25 |
|
Kentucky |
<6 and >50" |
All |
$25 |
|
>7 |
|
Louisiana |
>13 |
Front |
$25 |
|
Maine |
>18 |
All |
$50 |
|
Maryland |
>16 |
Front |
$25 |
|
Michigan |
>16 |
Front |
$25 |
| Minnesota |
>8 |
All |
$25 |
|
Mississippi |
>7 |
Front |
$25 |
|
New Jersey |
<8 and <80 lbs. |
Rear |
$25, plus court costs |
| 8-17 |
All |
| >18 |
Front |
|
New Mexico |
>18 |
All |
$25 |
|
New York |
<16 |
Rear |
$50 |
|
All |
Front |
|
North Carolina |
>16 (law is secondary for rear seats) |
All |
$100 (front seat)
$10 (rear seat) |
|
Northern Mariana Islands |
>6 |
All |
$25 |
|
Oklahoma |
>13 |
Front |
$20 |
|
Oregon |
>8 or 4'9" |
All |
$97 |
|
Puerto Rico |
No data |
|
South Carolina |
>6 |
Front, or rear seat w/ shoulder belt |
$25 |
|
Tennessee |
>16 |
Front |
$50 |
|
Texas |
<4 and >36" |
All |
$200 |
| 5-16 |
| >17 |
Front |
$50 |
|
Virgin Islands |
All |
Front |
$25 to $250 |
| Washington |
>8 or >4'9" |
All |
$124 |
|
Wisconsin |
All
|
All
|
$10
|
|
Total |
30 States + American Samoa, D.C., Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands |
States with Secondary Seat Belt Laws
State |
Who is Covered
(Yrs.) |
In What Seat |
Maximum Fine
First Offense |
|
Arizona |
5-15 |
All |
$10 |
|
>5 |
Front |
|
Colorado |
>18 |
Front |
$72 |
|
Idaho |
>7 |
All |
$10
(drvs. <18 pay $51.50,
incl. court costs) |
|
Kansas |
14-17 (law is primary) |
All |
$60 |
|
>18 |
Front |
$30 |
|
Massachusetts |
>13 |
All |
$25 |
|
Missouri |
8-15 (law is primary) |
All |
$25 |
|
>16 |
Front |
$10 (dvrs. and pass.) |
|
Montana |
>6 |
All |
$20 |
|
Nebraska |
>18 |
Front |
$25 |
|
Nevada |
>6 |
All |
$25 |
|
North Dakota |
>18 |
Front |
$20 |
|
Ohio |
4-14 |
All |
$30 dvrs.; $20 pass. |
| >15 |
Front |
|
Pennsylvania |
8-17 |
All |
$10 |
|
>18 |
Front |
|
Rhode Island |
>18 (law is primary for <18) |
All |
$75 |
|
South Dakota |
>18 |
Front |
$25 |
|
Utah |
>16 (law is primary for <19) |
All |
$45 |
|
Vermont |
>16 |
All |
$25 |
|
Virginia |
>16 |
Front |
$25 |
|
West Virginia |
8-17 |
All |
$25 |
|
>18 |
Front |
|
Wyoming |
>9 |
All |
$25 dvrs.; $10 pass. |
|
Total |
19 States |
Sources: Insurance Institute for Highway
Safety (IIHS) and State Highway Safety Offices.
1 Delaware's seat belt law is a civil penalty.
