TRANSPORTATION Traffic Safety Review: Seat Belts and Child Passenger Safety APRIL | 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 © 2019 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 oc- cupants 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 in the 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 enforce- ment, 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 13 states—California, Connecticut, Illinois, Nebraska, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Virginia and Washington—and the District of Columbia 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 vehi- cles. 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 by the Centers for Disease Control and Prevention (CDC). NHTSA’s research indicates that among passenger vehicle occupants killed in 2017 where it was known whether they were wearing a seat belt, 47 percent were unrestrained. In total, 10,076 individuals who died in crashes in 2017 were unrestrained. NHTSA also found that seat belts in passenger vehicles saved an estimated 14,668 lives of occupants aged 5 and older in 2016. An additional 2,456 lives would have been saved in 2016 if all unrestrained passengers involved in fatal crashes had worn their seat belts, esti- mates NHTSA. 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 is unknown have not been considered in NHTSA’s calculations Driver and occupant attitudes toward seat belt safety laws can be inconsistent with a driver or passenger’s tendency to buckle up. AAA’s 2017 Traffic Safety Culture Index shows that 86.1 percent of drivers said it is unacceptable to drive without wearing a seat belt but 18.6 percent of drivers admitted to doing so in the previous month. This report examines trends in state laws designed to protect vehicle occupants and enforcement strate- gies in recent years. Topics reviewed in this report include: • Background and History of Seat Belt Laws • Demographic Factors of Seat Belt Use and Enforcement • Federal Occupant Protection Action • State Primary and Secondary Seat Belt Enforcement Legislation • State Rear Seat Belt Legislation • State Child Occupant Protection Legislation • Rural Seat Belt Use Background and History of Seat Belt Laws In 1966, Congress passed the National Motor Vehicle Safety Act, requiring U.S. automakers to install lap seat belts in every vehicle. It was not until 1984 that New York became the first state to enact a law requir- ing all front-seat occupants to wear seat belts. Other states soon followed, requiring seat belts for all driv- ers and front-seat passengers, with belt use rising to about 50 percent shortly after each state’s law went into effect, according to the CDC. Now, every state except New Hampshire has an adult safety belt law. Seat Belt Use Rate and Daytime Percentage of Unrestrained Vehicle Occupant Fatalities 90 Seat belt use rate 90 70.7% 89.6% 75 75 60 60 Daytime unrestrained vehicle occupant fatalities 45 39.1% 45 50.9% % Seat Belt Use 30 30 % Unrestrained 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Source: National Occupant Protection Use Survey (NOPUS) and the Fatality Analysis Reporting System (FARS) NATIONAL CONFERENCE OF STATE LEGISLATURES 2 Primary enforcement laws Primary enforcement laws with backseat exemptions Secondary enforcement laws Secondary enforcement laws with backseat exemptions Seat belt use has increased from 70.7 percent in 2000 to 89.6 percent in 2018. According to NHTSA’s latest data on seat belt use rates during the daytime, this increase has accompanied a steady decline in individu- als killed in crashes who were not wearing seat belts. Over time, many states have enacted primary seat belt laws, allowing law enforcement officers to pull over a driver if occupants are not properly restrained. NHTSA’s research shows seat belt use was higher in 2018 for states with primary seat belt laws compared to states with secondary laws, meaning officers may not stop and ticket a driver for the sole offense of not wearing a seat belt. Demographic Factors of Seat Belt Use and Enforcement To better understand seat belt behavior and enforcement, traffic safety experts have conducted frequent studies on seat belt use rates and citations for various demographics, including race, age and gender, as well as region and time of day. RACE Critics of primary seat belt laws are concerned that such laws would be unequally enforced and dispro- portionally affect minority populations. NHTSA published a study in 2011 that reviewed 13 states that changed their seat belt laws from primary to secondary since 2000. The report indicates that minorities perceive stricter primary seat belt enforcement than for whites, but the data revealed no differences in ticketing by race. The number of citations for seat belt violations increased for all groups in the states that switched to a primary law. The percentage of citations issued to minorities either decreased or stayed the same in the states with available data, according to the study. However, a study conducted by the American Civil Liberties Union in Florida found that black motorists were stopped and issued seat belt citations in far greater numbers than white motorists. The Florida law requires that every state law enforcement agency annually report the race and ethnicity of seat belt cita- tion recipients. In 2014, black motorists were stopped and cited for a seat belt offense four times more -of ten than white motorists in Escambia County, and three times more often in Palm Beach County. The ACLU report concludes that although the Florida Department of Transportation’s 2014 study shows that black motorists use seat belts at slightly lower rates than white motorists, it does not explain black people’s higher citation rates. Equal enforcement of seat belt use and other traffic laws in all segments of the popula- tion remain a concern for state lawmakers, civil rights groups and enforcement agencies. TIME OF DAY According to NHTSA, half of all fatal and injury crash- es occur at night. NHTSA’s research reveals that low- er rates of seat belt use in the evening may be a con- tributing factor to the high number of nighttime fatal and injury crashes. NHTSA’s 2017 data show that in crashes where it was known whether occu- pants were restrained, 40 percent of those killed in the daytime were unrestrained, whereas 55 percent of people killed at night were unrestrained.