DOT HS 811 458 April 2011 Summary of Vehicle Occupant Protection Laws Ninth Edition Current as of June 1, 2010 DISCLAIMER This publication is distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange. The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. The United States Government assumes no liability for its contents or use thereof. If trade names, manufacturers’names, or specific products are mentioned, it is because they are considered essential to the object of the publication and should not be construed as an endorsement. The United States Government does not endorse products or manufacturers. TABLE OF CONTENTS INTRODUCTION………………………………………………………………………………. iii OVERVIEW NARRATIVE OF KEY PROVISIONS………………………………………….. v SUMMARY CHART OF KEY PROVISIONS…………………………………………………. vi ALABAMA……………………………………………………………………………………… 1 ALASKA………………………………………………………………………………………… 5 ARIZONA……………………………………………………………………………………….. 8 ARKANSAS…………………………………………………………………………………….. 11 CALIFORNIA…………………………………………………………………………………… 14 COLORADO…………………………………………………………………………………….. 19 CONNECTICUT………………………………………………………………………………… 22 DELAWARE…………………………………………………………………………………….. 26 DISTRICT OF COLUMBIA…………………………………………………………………….. 29 FLORIDA………………………………………………………………………………………… 33 GEORGIA……………………………………………………………………………………….. 37 HAWAI’I………………………………………………………………………………………… 40 IDAHO…………………………………………………………………………………………… 44 ILLINOIS………………………………………………………………………………………… 46 INDIANA………………………………………………………………………………………... 50 IOWA……………………………………………………………………………………………. 53 KANSAS………………………………………………………………………………………… 56 KENTUCKY…………………………………………………………………………………….. 60 LOUISIANA…………………………………………………………………………………….. 63 MAINE…………………………………………………………………………………………… 68 MARYLAND……………………………………………………………………………………. 72 MASSACHUSETTS……………………………………………………………………………... 77 MICHIGAN……………………………………………………………………………………… 81 MINNESOTA……………………………………………………………………………………. 84 MISSISSIPPI…………………………………………………………………………………….. 88 MISSOURI………………………………………………………………………………………. 91 MONTANA……………………………………………………………………………………… 95 NEBRASKA……………………………………………………………………………………… 97 NEVADA………………………………………………………………………………………… 100 NEW HAMPSHIRE……………………………………………………………………………... 104 NEW JERSEY…………………………………………………………………………………… 107 NEW MEXICO………………………………………………………………………………….. 112 NEW YORK……………………………………………………………………………………… 115 NORTH CAROLINA……………………………………………………………………………. 119 NORTH DAKOTA………………………………………………………………………………. 122 OHIO…………………………………………………………………………………………….. 125 OKLAHOMA…………………………………………………………………………………… 130 OREGON………………………………………………………………………………………… 134 PENNSYLVANIA………………………………………………………………………………. 138 PUERTO RICO………………………………………………………………………………….. 142 RHODE ISLAND………………………………………………………………………………… 144 SOUTH CAROLINA…………………………………………………………………………….. 147 SUMMARY OF VEHICLE OCCUPANT PROTECTION LAWS, 9th EDITION i SOUTH DAKOTA………………………………………………………………………………. 150 TENNESSEE……………………………………………………………………………………. 153 TEXAS………………………………………………………………………………………….. 158 UTAH…………………………………………………………………………………………… 161 VERMONT……………………………………………………………………………………… 164 VIRGINIA……………………………………………………………………………………….. 167 WASHINGTON…………………………………………………………………………………. 171 WEST VIRGINIA……………………………………………………………………………….. 174 WISCONSIN…………………………………………………………………………………….. 178 WYOMING……………………………………………………………………………………… 182 SUMMARY OF VEHICLE OCCUPANT PROTECTION LAWS, 9th EDITION ii INTRODUCTION The National Highway Traffic Safety Primary versus Secondary Seat Belt Laws: Administration is responsible for reducing "Primary" seat belt enforcement means that law vehicle-related fatalities and injuries on our enforcement officers have the authority to issue nation’s highways. Research has shown that a citation for a failure to wear a seat belt based effective State and local traffic safety laws play solely on probable cause of such violation and an important role in helping to reduce motor issue a citation for same. Note: “Primary” seat vehicle crashes. For example, in 2008, States belt laws are also sometimes referred to as with primary seat belt laws had a 13 percent “standard” laws. "Secondary" enforcement higher belt use rate on average compared to means that such officers are only authorized to States without primary belt laws. enforce a violation of the seat belt use law after they have first stopped a person for some other This publication provides a summary chart of violation of the law. the key provisions of State occupant protection laws and detailed lists of these laws in every Required Use of Child Restraint System: State. Such laws include requiring the use of (1) All State laws now require that children be seat belts, (2) child passenger restraint devices, secured in either a child restraint system (CRS) and (3) motorcycle or bicycle helmets. Also or seat belt when being transported in a motor included are laws that prohibit riding in the bed vehicle. Young children, e.g., <4 years old, of a pickup truck. Except as noted, the status of must be secured in a child restraint system. the State laws reported is October 15, 2008. Most State laws require these devices to meet Federal specifications (49 CFR 571.213). For EXPLANATIONS older children, e.g., 4 but <6 years old, State laws usually provide that they may be secured in Required Use of Seat Belts: either a seat belt or a child restraint system. Although there are limitations, exceptions, or About half the States provide for a medical or exemptions, State laws usually require that physical exemption from these requirements. drivers and passengers wear seat belts when operating or riding in a private passenger motor Motorcycle and Bicycle Helmet Use Laws: vehicle. Generally, State laws provide that this Most State laws mandate that only motorcycle requirement only applies to motor vehicles that operators and passengers under 18 years old are required to be equipped with seat belts. 49 wear protective headgear when operating or CFR 571.208. riding on a motorcycle. A few States now require children to wear safety helmets when Limitations, Exceptions or Exemptions: riding a bicycle. Despite numerous legal Seat belt use laws provide for numerous challenges, the courts have held motorcycle limitations, exceptions, or exemptions. Most helmet usage laws to be constitutional. States mandate the use of seat belts only for drivers and front seat passengers. Additionally, Required Use of Motorcycle Eye Protection the majority of the States exempts individuals Device: from wearing a seat belt if a medical or physical Most State laws provide that, regardless of age, condition exists. Other exceptions include operators, and in some cases, passengers, of passengers riding in public transportation motorcycles wear eye protection devices, e.g., vehicles, e.g., buses, and rural letter carriers of goggles, while operating or riding on a the U.S. Postal Service. motorcycle. However, the law normally provides an exemption to this requirement if the motorcycle is equipped with a windscreen or windshield. SUMMARY OF VEHICLE OCCUPANT PROTECTION LAWS, 9th EDITION iii Fines: Unless noted, the fines reported do not include court costs or bail schedule forfeitures. USE OF SEAT BELTS BY OPERATORS OF COMMERCIAL MOTOR VEHICLES Federal law requires a driver of a commercial motor vehicle to restrain himself/herself a safety belt if such vehicle is equipped with one. 49 C.F.R. § 392.16. Any person who violations this requirement may be subject to civil or criminal penalties. 49 C.F.R. § 390.37. A civil penalty shall not exceed $2,500. 49 U.S.C.A. § 521(b)(2)(A). A criminal penalty shall consist of a fine of at least $100 but not more than $500 for a first violation, and at least $200 but not more than $500 for a subsequent violation. 49 U.S.C.A. § 526. SUMMARY OF VEHICLE OCCUPANT PROTECTION LAWS, 9th EDITION iv OVERVIEW NARRATIVE OF KEY PROVISIONS OF STATE OCCUPANT PROTECTION AND SEAT BELT LAWS All States, the District of Columbia, and Puerto CHILD RESTRAINT LAWS Rico have mandatory vehicle seat belt laws of some kind. New Hampshire is the only State While all 50 States, the District of Columbia and which does not require adults 18 and older to Puerto Rico have laws requiring the use of either wear seat belts. a child restraint system (rear-facing child restraint seat, forward-facing child restraint seat, State seat belt use laws vary in terms of the or booster seat) or seat belts for children exceptions, limitations, and exemptions that are traveling in a motor vehicle, the specific provided. For example, virtually every State requirements of the laws vary from State to exempts people who for medical reasons or State. All States require, at a minimum, that all physical characteristics cannot use a seat belt. children 3 or younger, weighing less than 40 Other exemptions include specific types of lbs., or less than 40 inches tall, be secured in vehicles and/or vehicles operating under specific child restraint systems while traveling in a motor conditions. For example, exempted vehicles vehicle. Most States also specifically require that often include those designed for more than 10 child restraint systems meet applicable Federal passengers, vehicles of a model year prior to Motor Vehicle Safety Standards. 1972, or farm vehicles. Vehicles used for commercial purposes requiring frequent stops Older children, e.g., those 4 and older, weighing and deliveries are also typically exempt when