Seat belt legislation in the United States

Seat belt laws for front seat passengers in the U.S. as of 2009 (Today, Utah and West Virginia have primary enforcement)
  Primary enforcement
  Primary under certain ages
  Secondary enforcement
  Primary enforcement for minors, no enforcement for adults

Most seat belt legislation in the United States is left to the states. However, the first seat belt law was a federal law, Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety Standard, which took effect on January 1, 1968, that required all vehicles (except buses) to be fitted with seat belts in all designated seating positions.[1] This law has since been modified to require three-point seat belts in outboard seating positions, and finally three-point seat belts in all seating positions.[2] Initially, seat belt use was not compulsory. New York was the first state to pass a law which required vehicle occupants to wear seat belts, a law that came into effect on December 1, 1984.

Primary and secondary enforcement

U.S. seatbelt legislation may be subject to primary enforcement or secondary enforcement. Primary enforcement allows a police officer to stop and ticket a driver if he or she observes a violation. Secondary enforcement means that a police officer may only stop or cite a driver for a seatbelt violation if the driver committed another primary violation (such as speeding, running a stop sign, etc.) at the same time. New Hampshire is the only U.S. state that does not by law require adult drivers to wear safety belts while operating a motor vehicle.

In 18 of the 50 states, the seat belt law is considered a secondary offense, which means that a police officer cannot stop and ticket a driver for the sole offense of not wearing a seatbelt. (One exception to this is Colorado, where children not properly restrained is a primary offense and brings a much larger fine.) If a driver commits a primary violation (e.g., for speeding) he may additionally be charged for not wearing a seatbelt. In most states the seat belt law was originally a secondary offense; in many it was later changed to a primary offense: California was the first state to do this, in 1993. Of the 30 with primary seat belt laws, all but 8, Connecticut, Hawaii, Iowa, New Mexico, New York, North Carolina, Oregon, and Texas, originally had only secondary enforcement laws.

Laws by state

This table contains a brief summary of all seatbelt laws in the United States.[3][4] This list includes only seatbelt laws, which often do not themselves apply to children; however, all 50 states and the District of Columbia have separate child restraint laws. Keep in mind these fines are the base fines only. In many cases considerable extra fees such as the head injury fund and court security fees can mark up the fine to almost five times as much in some cases. These are also "first offense" fines; a subsequent offense may be much higher.

StateType of lawDate of first lawWho is coveredBase fine before feesSeat Belt Usage[5]
AlabamaPrimary EnforcementJuly 18, 1991Age 15+ in front seats$2591.4%
AlaskaPrimary EnforcementSeptember 12, 1990Age 16+ in all seats$15 ($25 actual)86.8%
ArizonaSecondary EnforcementJanuary 1, 1991Age 5+ in front seats; Age 5–15 in all seats$10 ($37.20 actual)81.8%
ArkansasPrimary EnforcementJuly 15, 1991Age 15+ in front seats$2578.3%
CaliforniaPrimary EnforcementJanuary 1, 1986Age 6+ in all seats$20 ($88 actual) $50 second offense ($190 actual)[6]96.2%
ColoradoSecondary Enforcement4 exception Mountain View where it is a primary violation[7] July 1, 1987All front seats; under 16 all seats$7182.9%
ConnecticutPrimary EnforcementJanuary 1, 1986Age 7+ in front seats$9288.2%
DelawarePrimary EnforcementJanuary 1, 1992Age 16+ in all seats$2590.7%
District of ColumbiaPrimary EnforcementDecember 12, 1985Age 16+ in all seats$50292.3%
Florida Primary EnforcementJuly 1, 19866+ years in front seat; 6 through 17 years in all seats$30 ($116 actual)87.4%
GeorgiaPrimary EnforcementSeptember 1, 1988Age 6–17 in all seats; Age 18+ in front seats$1589.6%
HawaiiPrimary EnforcementDecember 16, 1985Age 8–17 in all seats; Age 18+ in front seat$45 ($92 actual)97.6%
IdahoSecondary EnforcementJuly 1, 1986Age 7+ in all seats$10 ($51.50 actual)77.9%
IllinoisPrimary EnforcementJanuary 1, 1988Age 16+ in all seats$25 ($60 actual or $95 if choosing traffic school)92.6%
IndianaPrimary EnforcementJuly 1, 1987Age 16+ in all seats$2592.4%
IowaPrimary EnforcementJuly 1, 1986Age 11+ in front seats$50 ($127.50 actual)93.1%
KansasPrimary Enforcement1July 1, 1986Age 14–17 in all seats; age 18+ in front seat$3081.8%
KentuckyPrimary EnforcementJuly 15, 1994More than 40 in. tall in all seats$2580.3%
LouisianaPrimary EnforcementJuly 1, 1986Age 13+ in front seats$2575.9%
MainePrimary EnforcementDecember 26, 1995Age 18+ in all seats$70 1st offense, $160 second up to $310 for a 3rd offense82.0%
MarylandPrimary EnforcementJuly 1, 1986Age 16+ in front seats$8394.7%
MassachusettsSecondary EnforcementFebruary 1, 1994Age 13+ in all seats [8]$2573.7%
MichiganPrimary EnforcementJuly 1, 1985Age 4+ in front seats; Age 4–15 in all seats$25 ($65 actual)95.2%
MinnesotaPrimary EnforcementAugust 1, 1986 Anyone not covered by child passenger safety law in all seats[9][10]$25 + $75 fee92.3%
MississippiPrimary EnforcementJuly 1, 1994Age 4–7 in all seats; Age 8+ in front seat$2581.0%
MissouriSecondary EnforcementSeptember 28, 1985Age 16+ in front seats$1076.0%
MontanaSecondary EnforcementOctober 1, 1987Age 6+ in all seats$2078.9%
NebraskaSecondary EnforcementJanuary 1, 1993Age 18+ in all seats$2584.1%
NevadaSecondary EnforcementJuly 1, 1987Age 6+ in all seats$2593.2%
New HampshirePrimary for children onlyNo lawAge 17 and under in all seats$5072.2%
New JerseyPrimary Enforcement1March 1, 1985Age 8+ in all seats$50 per person93.7%
New MexicoPrimary EnforcementJanuary 1, 1986Age 18+ in all seats$82289.8%
New YorkPrimary EnforcementDecember 1, 1984Age 16+ in front seats$50 ($135 Actual after surcharges)[11]89.8%
North CarolinaPrimary Enforcement1October 1, 1985Age 16+ in all seats$25 ($161 Actual after court costs)89.7%
North DakotaSecondary EnforcementJuly 14, 1994Age 18+ in front seats$20 (actual $100.50)74.8%
OhioSecondary EnforcementMay 6, 1986Age 15+ in front seat; 4–14 in all seats$3083.8%
OklahomaPrimary EnforcementFebruary 1, 1987Age 13+ in front seats$2085.9%
OregonPrimary EnforcementDecember 7, 1990Age 16+ in all seats$9097.0%
PennsylvaniaSecondary EnforcementNovember 23, 1987Age 8+ in front seats$1086.0%
Rhode IslandPrimary EnforcementJune 18, 1991Age 13+ in all seats$7578.0%
South CarolinaPrimary EnforcementJuly 1, 1989Age 6+ in all seats$2585.4%
South DakotaSecondary EnforcementJanuary 1, 1995Age 18+ in front seats$2074.5%
TennesseePrimary EnforcementApril 21, 1986Age 16+ in front seats$2587.1%
TexasPrimary EnforcementSeptember 1, 1985Age 8+ in all seats (under 15 not liable)$5093.8%
UtahPrimary Enforcement[12]April 28, 1986Age 16+ in all seats$4589.0%
VermontSecondary EnforcementJanuary 1, 1994Age 16+ in all seats$2585.2%
VirginiaSecondary Enforcement 4January 1, 1988Age 18+ in front seats[13]$2580.5%
WashingtonPrimary EnforcementJune 11, 1986Age 16+ in all seats$12497.6%
West VirginiaPrimary EnforcementSeptember 1, 19938–17 in all seats$2582.1%
WisconsinPrimary EnforcementDecember 1, 1987Age 8+ in all seats$1079.2%
WyomingSecondary EnforcementJune 8, 1989Age 9+ in all seats$2578.9%

1North Carolina, Kansas, and New Jersey's law is Secondary Enforcement for rear seat occupants.
2These states assess points on one's driving record for the seat belt violation.
3In California- An additional penalty of $24 shall be levied upon every $10 or fraction thereof, of every fine, penalty, or forfeiture imposed by and collected by the court for criminal offenses, including all traffic offenses, except parking offenses as defined in subdivision (i) of Penal Code § 1463. The additional penalty is calculated as follows:

• State penalty required by PC 1464 $10, • County penalty required by GC 76000(e), $ 7 • Court facilities construction penalty required by GC 70372(a),$ 3 • DNA Identification Fund penalty required by GC 76104.6 and 76104.7,$ 2 • Emergency medical services penalty required by GC 76000.5,$ 2

Penal Code § 1465.8 requires imposition of an additional fee of twenty dollars ($20) for court security on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in Penal Code § 1463,$20
4 Virginia and Colorado's Law is Secondary for adults but Primary for under the age of 16.
5 Effective January 1, 2011, New Jersey's law is Secondary enforcement for rear seat occupants.

Damages reduction

A person involved in a car accident who was not using a seatbelt may be liable for damages far greater than if they had been using a seatbelt. However, when in court, most states protect motorists from having their damages reduced in a lawsuit due to the nonuse of a seatbelt, even if they were acting in violation of the law by not wearing the seatbelt. Currently, damages may be reduced for the nonuse of a seatbelt in 16 states: Alaska, Arizona, California, Colorado, Florida (See F.S.A. 316.614(10)), Iowa, Michigan, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oregon, West Virginia, and Wisconsin.[14]

Effectiveness

Seat belt laws are effective in reducing car crash deaths.[15] One study found that mandatory seatbelt laws reduced traffic fatalities by 8% and serious traffic-related injuries by 9%, respectively.[16] Primary seatbelt laws seem to be more effective at reducing crash deaths than secondary laws.[17][18]

See also

References

  1. US Department of Transportation National Highway Traffic Safety Administration (January 1, 1968). "Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety Standard No. 208 - Occupant Crash Protection Passenger Cars".
  2. US Department of TransportationNational Highway Traffic Safety Administration (January 1, 1968). "Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety Standard No. 208 - Occupant Crash Protection Passenger Cars".
  3. "Safety belt use laws". Insurance Institute for Highway Safety. October 2009. Retrieved 2009-10-30.
  4. "Governors highway safety association". Ghsa.org. Retrieved 2011-07-16.
  5. "Seat Belt Use in 2010 – Use Rates in the States and Territories" (PDF). Retrieved 2012-03-05.
  6. "California traffic fine schedule" (PDF). Retrieved 2011-07-16.
  7. 9News Jeremy Jojola on Denver Metro Speed Traps. 9News. 8 June 2015.
  8. MGL PartI TitleXIV Chapter90 Section13a See also: the child passenger restraint law
  9. "State Seat Belt Laws". Ghsa.org. Retrieved 2011-07-16.
  10. Minnesota Department of Public Safety – Pages – Home. Dps.state.mn.us. Retrieved on 2012-06-01.
  11. "vehicle and traffic state mandated surcharges $85 for seatbelt". Horseheads.org. Retrieved 2011-07-16.
  12. Deseret News, May 7, 2015 Utah's new primary seat belt law goes into effect May 12
  13. "Virginia Seatbelt Laws". Code of Virginia. Retrieved 2008-03-08.
  14. "Child restraint/belt use laws". Iihs.org. Retrieved 2011-07-16.
  15. Cohen, Alma; Einav, Liran (November 2003). "The Effects of Mandatory Seat Belt Laws on Driving Behavior and Traffic Fatalities". Review of Economics and Statistics 85 (4): 828–843. doi:10.1162/003465303772815754.
  16. Carpenter, Christopher S.; Stehr, Mark (May 2008). "The effects of mandatory seatbelt laws on seatbelt use, motor vehicle fatalities, and crash-related injuries among youths". Journal of Health Economics 27 (3): 642–662. doi:10.1016/j.jhealeco.2007.09.010.
  17. Lee, Lois K.; Monuteaux, Michael C.; Burghardt, Lindsey C.; Fleegler, Eric W.; Nigrovic, Lise E.; Meehan, William P.; Schutzman, Sara A.; Mannix, Rebekah (4 August 2015). "Motor Vehicle Crash Fatalities in States With Primary Versus Secondary Seat Belt Laws". Annals of Internal Medicine 163 (3): 184. doi:10.7326/M14-2368.
  18. Rivara, FrederickP.; Thompson, DianeC.; Cummings, Peter (January 1999). "Effectiveness of primary and secondary enforced seat belt laws". American Journal of Preventive Medicine 16 (1): 30–39. doi:10.1016/S0749-3797(98)00113-5.
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