Seat Belts and Child Passenger Safety

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Traffic Safety Review: Seat Belts and Child Passenger Safety

DECEMBER | 2019 Traffic Safety Review: Seat Belts and Child Passenger Safety BY ANNIE KITCH

The National Conference of State Legislatures is the bipartisan organization dedicated to serving the lawmakers and staffs of the nation’s 50 states, its commonwealths and territories. NCSL provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues, and is an effective and respected advocate for the interests of the states in the American federal system. Its objectives are: • Improve the quality and effectiveness of state legislatures • Promote policy innovation and communication among state legislatures • Ensure state legislatures a strong, cohesive voice in the federal system The conference operates from offices in Denver, Colorado and Washington, D.C.

NATIONAL CONFERENCE OF STATE LEGISLATURES ii Executive Summary We’ve all heard that buckling up is one of the most effective methods to protect ourselves in a car crash. According to the National Highway Traffic Safety Administration (NHTSA), more than 37,000 lives were lost on U.S. roads in 2017 due to motor vehicle crashes. NHTSA indicates that the national seat belt use rate was 89.6 percent in 2018, a statistically insignificant decrease from 89.7 in 2017. However, among the occupants of passenger vehicles killed in 2017 where it was known whether they were wearing a seat belt, 47 percent were unrestrained. Given these statistics, lawmakers are actively debating proposals to increase passengers’ safety inthe event of a crash. Since 2015, state legislatures have enacted over 40 laws related to seat belts. A handful of states have upgraded their seat belt laws, including changing them from secondary to primary enforcement, which allow police to cite people for not wearing a seat belt without any other traffic offense taking place. Other efforts include requiring both front and rear-seat passengers to use seat belts and increasing penalties for violations. Utah became the 34th state to enact a primary seat belt law for all passengers in 2017. In addition, Mississippi and Utah expanded their laws to require both front and rear passengers to wear seat belts. Some states have focused on modifying child safety restraint laws to reduce injuries and fatalities among children in vehicle crashes. A total of 12 states—California, Connecticut, Illinois, Nebraska, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina and Virginia—revised their laws to require that children remain in a rear-facing child safety seat until age 2. This report focuses on seat belt use by occupants, defined as drivers or passengers, of passenger vehicles. NHTSA’s definition of passenger vehicles includes cars, pickup trucks or vans. For the purpose of this review, it is important to note that statistics from NHTSA are based on “known restraint use”—crashes where it is known whether the occupant was using a seat belt or car seat. Occupants involved in crashes where restraint use is unknown have not been considered in NHTSA’s calculations. Specific topics reviewed in this report include: • An overview of the history of seat belt laws • An analysis of demographic factors related to seat belt use and enforcement • A review of the federal role in occupant protection • A scan of recent notable state legislative actions on adult seat belt safety and child passenger safety.

NATIONAL CONFERENCE OF STATE LEGISLATURES 1 Introduction According to the National Highway Traffic Safety Administration (NHTSA), more than 37,000 lives were lost on U.S. roads in 2017 due to motor vehicle crashes. In fact, motor vehicle crashes are a leading cause of death among those ages 1 to 54 in the United States, as reported