Seat belt laws are divided into two categories: primary and secondary. Primary seat belt laws allow law enforcement officers to ticket a driver or passenger for not wearing a seat belt, without any other traffic offense taking place. Secondary seat belt laws state that law enforcement officers may issue a ticket for not wearing a seat belt only when there is another citable traffic infraction.
34 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico and the Virgin Islands have primary seat belt laws for front seat occupants.
15 states have secondary laws for adult front seat occupants.
40 states, D.C., and 2 territories have laws enforcing rear seat belt use. Of these:
17 states, D.C. and 2 territories have primary enforcement for all occupants.
5 states have primary enforcement for youth.
11 states include rear seats as secondary enforcement. Three of these are states with primary seat belt laws for front seat occupants. Six are states with secondary laws for adult front seat occupants.
10 states do not have laws enforcing rear seat belt use.
Of states with primary front seat belt use laws, 11 states and the Virgin Islands do not include rear seats
Of states with secondary front seat belt use laws, 9 states do not include rear seats.
New Hampshire has enacted neither a primary nor a secondary seat belt law for adults in any seat, although the state does have a primary child passenger safety law that covers all drivers and passengers under 18.
Specific laws vary greatly from state to state, depending on the age of the rider and in what seat he or she is sitting. This page covers seat belt laws for adults and young adults only. For requirements for infants, toddlers, and children, see GHSA's Child Passenger Safety Laws.
A PDF chart of state seat belt laws is available for download here.
NOTE: GHSA does not compile any additional data on adult seat belt laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office.
Seat belt laws are divided into two categories: primary and secondary. Specific laws vary greatly from state to state, depending on the age of the rider and in which seat he or she is sitting.
New Hampshire
Type of Law
New Hampshire has enacted neither a primary nor a secondary seat belt law for adults, although the state does have a primary child passenger safety law that covers all drivers and passengers under 18.
New Hampshire
Who is Covered?
n/a
New Hampshire
In What Seat?
n/a
Wyoming
In What Seat?
All
Wyoming
Type of Law
Secondary
Wyoming
Who is Covered?
9 and over
Virginia
Type of Law
Secondary; Primary for occupants under 18
Virginia
Who is Covered?
All drivers; passengers 18 and over
Virginia
In What Seat?
Front Under 18: All (primary enforcement)
Vermont
Type of Law
Secondary; Primary for occupants under 18
Vermont
Who is Covered?
18 and over
Vermont
In What Seat?
All
South Dakota
Type of Law
Secondary
South Dakota
Who is Covered?
18 and over
South Dakota
In What Seat?
Front
Pennsylvania
Type of Law
Secondary; Primary for occupants ages 8-17
Pennsylvania
Who is Covered?
8 and over
Pennsylvania
In What Seat?
8-17 yrs: All (primary enforcement)
Ohio
Who is Covered?
8 and over
Ohio
In What Seat?
8-14 yrs: All (primary enforcement) 15 and over: Front
Ohio
Type of Law
Secondary
North Dakota
Type of Law
Secondary; Primary for occupants under 18
North Dakota
Who is Covered?
18 and over
North Dakota
In What Seat?
18 and over: Front Under 18: All
Nevada
Type of Law
Secondary
Nevada
Who is Covered?
6 and over
Nevada
In What Seat?
All
Nebraska
Type of Law
Secondary
Nebraska
Who is Covered?
18 and over
Nebraska
In What Seat?
Front
Montana
Type of Law
Secondary
Montana
Who is Covered?
6 and over
Montana
In What Seat?
All
Missouri
Type of Law
Secondary; Primary for riders ages 8 through 15
Missouri
Who is Covered?
8 and over
Missouri
In What Seat?
8-15 yrs: All (primary enforcement) 16 and over: Front
Massachusetts
Type of Law
Secondary
Massachusetts
Who is Covered?
13 and over
Massachusetts
In What Seat?
All
Idaho
Type of Law
Secondary
Idaho
Who is Covered?
7 and over (primary law for drivers under 18)
Idaho
In What Seat?
All
Colorado
Type of Law
Secondary
Colorado
Who is Covered?
16 and over (primary law for under 18)
Colorado
In What Seat?
Front
Arizona
Type of Law
Secondary
Arizona
Who is Covered?
8 and over
Arizona
In What Seat?
8-15 yrs: All 8 and over: Front
Wisconsin
Type of Law
Primary
Wisconsin
Who is Covered?
8 and over
Wisconsin
In What Seat?
All
West Virginia
In What Seat?
8-17 yrs: Front
West Virginia
Type of Law
Primary
West Virginia
Who is Covered?
8 and over
Washington
Type of Law
Primary
Washington
Who is Covered?
Over 16 or over 4'9"
Washington
In What Seat?
All
Virgin Islands
Type of Law
Primary
Virgin Islands
Who is Covered?
All riders
Virgin Islands
In What Seat?
Front
Utah
Type of Law
Primary
Utah
Who is Covered?
Drivers and passengers over 16
Utah
In What Seat?
All
Texas
Type of Law
Primary
Texas
Who is Covered?
7 and under who are over 57" 8 and over
Texas
In What Seat?
All
Tennessee
Who is Covered?
16 and over
Tennessee
In What Seat?
Front
Tennessee
Type of Law
Primary
South Carolina
Type of Law
Primary
South Carolina
Who is Covered?
8 and over
South Carolina
In What Seat?
All
Rhode Island
Type of Law
Primary
Rhode Island
Who is Covered?
8 and over
Rhode Island
In What Seat?
All
Puerto Rico
Type of Law
Primary
Puerto Rico
Who is Covered?
9 and over or 57" and over
Puerto Rico
In What Seat?
Data not available
Oregon
Type of Law
Primary
Oregon
Who is Covered?
All riders
Oregon
In What Seat?
All
Oklahoma
Type of Law
Primary
Oklahoma
Who is Covered?
13 and over
Oklahoma
In What Seat?
Front
Northern Mariana Islands
Type of Law
Primary
Northern Mariana Islands
Who is Covered?
Over 6
Northern Mariana Islands
In What Seat?
All
North Carolina
Type of Law
Primary; Secondary for rear seat occupants
North Carolina
Who is Covered?
16 and over
North Carolina
In What Seat?
All
New York
Type of Law
Primary
New York
Who is Covered?
All riders
New York
In What Seat?
All
New Mexico
Type of Law
Primary
New Mexico
Who is Covered?
18 and over
New Mexico
In What Seat?
All
New Jersey
Type of Law
Primary; Secondary for rear seat occupants
New Jersey
Who is Covered?
7 and under and more than 57 inches tall 8 and over
New Jersey
In What Seat?
All
Mississippi
In What Seat?
All
Mississippi
Type of Law
Primary
Mississippi
Who is Covered?
7 and over
Minnesota
Type of Law
Primary
Minnesota
Who is Covered?
7 and younger and over 57 inches 8 and over
Minnesota
In What Seat?
All
Michigan
Type of Law
Primary
Michigan
Who is Covered?
16 and over
Michigan
In What Seat?
Front
Maryland
Type of Law
Primary; Secondary for rear seat occupants
Maryland
Who is Covered?
16 and over
Maryland
In What Seat?
Under 16 yrs: All 16 yrs and over: Front (secondary enforcement in rear seat)
Maine
Type of Law
Primary
Maine
Who is Covered?
All riders
Maine
In What Seat?
All
Louisiana
Who is Covered?
13 and over
Louisiana
In What Seat?
All
Louisiana
Type of Law
Primary
Kentucky
Type of Law
Primary
Kentucky
Who is Covered?
7 and under and more than 57 inches 8 and over
Kentucky
In What Seat?
All
Kansas
Type of Law
Primary
Kansas
Who is Covered?
14 and over
Kansas
In What Seat?
14-17 yrs: All 18 and over: Front (other seating positions are secondary enforcement)
The Governors Highway Safety Association also praised the plan, saying that "national leadership on traffic safety is essential for addressing unsafe streets, dangerous driving behaviors ... and other risks that needlessly claim lives on our roads every day."
“The strategy recognizes that communities and states will achieve zero traffic deaths using different approaches, but our collective goal is the same,” Jonathan Adkins, executive director of the Governors Highway Safety Association, said in a statement.
Jonathan Adkins, executive director of the Governors Highway Safety Assn., a Washington nonprofit representing agencies nationwide, suggested that people’s disregard for themselves and others on the road is part of a national decline in civility that accelerated during the pandemic.
Less traffic-focused law enforcement was another factor, said Jonathan Adkins, the executive director of the Governors Highway Safety Association. “People speed because they can get away with it,” Adkins said.
Jonathan Adkins, executive director of the Governors Highway Safety Association, called it “extremely disappointing” that fatalities have continued to increase during the pandemic after three years from 2017 to 2019 when they decreased.
Today, the National Highway Traffic Safety Administration (NHTSA) reported that 8,730 people were killed on U.S. roadways in the first quarter of 2021 – a 10.5% increase from the same period last year.
Today, the National Highway Traffic Safety Administration (NHTSA) reported that 8,730 people were killed on U.S. roadways in the first quarter of 2021 – a 10.5% increase from the same period last year.
"It's mind-boggling and extremely frustrating to see the tremendous loss of life from Covid compounded by preventable traffic crashes," says Pam Shadel Fischer, a senior director for the Governors Highway Safety Association.
"The sheer number of fatalities can be tough to contemplate," said Adam Snider with the Governors Highway Safety Association (GHSA). "Every single digit in that very large number is a mother, a brother, a neighbor, a faith leader, a friend. It is someone...that has passed away too early."
Road deaths jumped 7.2 percent in 2020 from the year before, hitting a 13-year high, even though people weren’t driving as much, according to the National Highway Traffic Safety Administration (NHTSA).