With the exception of New Hampshire, all states and the District of Columbia require adult front-seat occupants to use seat belts. Adult rear-seat passengers also are covered by the laws in 33 states and the District of Columbia. Children are covered by separate laws.
Seat belt and child restraint laws by state, in detail
Thirty-five states and the District of Columbia have primary enforcement. Primary enforcement laws allow a police officer to stop and cite a motorist solely for not using a seat belt. In states with secondary enforcement, police can only enforce the law if the motorist has been pulled over for another violation first.
Seat belt and child restraint laws by state, in detail
Primary enforcement laws are more effective at getting people to buckle up, although the difference in belt use rates in states with secondary laws and those with primary laws has shrunk in recent years.
In 2006, based on drivers’ self-reports, the frequency of never using a seat belt was twice as high in states with secondary enforcement compared with states with primary enforcement laws (Beck & Shults, 2009). States that went from secondary to primary enforcement laws during 1993-2000 saw a 14-percentage-point median increase in observed belt use (Shults et al., 2004).
Systematic literature reviews show that both primary and secondary laws reduce deaths and nonfatal injuries, but primary laws have the greater effect (Dinh-Zarr et al., 2001; Rivara et al., 1999). The incremental effect of primary versus secondary laws on fatalities is estimated at 3%-14% (Dinh-Zarr et al., 2001).
Institute research has shown that switching from a secondary law to a primary law reduces passenger vehicle driver deaths by 7% (Farmer & Williams, 2005). Based on this research, if all states that still had secondary laws in 2022 had switched to primary laws, 272 lives could have been saved that year.
More recent studies have found that the effect of switching from secondary to primary enforcement on rates of unbelted fatalities is smaller than in earlier research (Harper & Strumpf, 2017; Harper, 2019).
In 2022, observed front-seat occupant belt use rates were 2 percentage points higher in states with primary enforcement than in other states (92% vs. 90%), a much smaller gap than observed 10 years prior (90% vs. 78%) (National Center for Statistics and Analysis, 2012; National Center for Statistics and Analysis, 2023).
Secondary enforcement originally came about because legislators in some states were reluctant to enact primary laws because of concerns that police would use the law to harass minorities (Farmer & Williams, 2005). However, several studies found that changing from secondary to primary enforcement resulted in proportionally equal or fewer tickets for minorities (Preusser et al., 2005; Solomon et al., 2000; Solomon et al., 2001).
In addition to primary enforcement, higher fines for seat belt violations also are associated with higher rates of observed belt use and higher rates of belt use among fatally injured front-seat occupants. An increase in fines from $25 to $60 was associated with 3-4 percentage point increases in belt use, while increasing fines from $25 to $100 was associated with 6-7 percentage point increases (Nichols et al., 2010).
Numerous studies show that publicized enforcement campaigns such as “Click It or Ticket” are needed to sustain high levels of compliance over time (Williams et al., 2000). In 1993, North Carolina implemented the first statewide “Click It or Ticket” campaign. Institute research found that driver belt use increased from 64% before the campaign to 80% after the first three-week enforcement period (Williams et al., 1996).
Most states allow adults to ride unrestrained in pickup beds, which are designed to carry cargo and offer no protection in a crash. People can be easily ejected from cargo areas at relatively low speeds as a result of a sharp turn to avoid an obstacle or crash.
Thirty states and D.C. have laws regarding the practice. Most of those laws restrict children in cargo areas, but many contain exceptions.