Seat Belt Laws
Seat belt laws are divided into two categories: primary and secondary. Primary seat belt laws allow law enforcement officers to ticket a driver 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.
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Occupant Protection for Children Best Practices
Published 2008
Survey of the States Published 1998
- 32 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the Virgin Islands have primary seat belt laws.
- 17 states have secondary laws. In many of these states, the law is primary for younger drivers and/or passengers.
- In several states, laws vary depending on whether the passenger is seated in the front seat or in a rear seat.
- 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.
Specific laws vary greatly from state to state, depending on the age of the rider and in what seat he or she is sitting.
NOTE: This chart covers seat belt laws for adults and young adults only. For requirements for infants, toddlers, and children, see GHSA's Child Passenger Safety Laws chart.
States with Primary Seat Belt Laws
| State | Who is Covered (Yrs.) | In What Seat | Maximum Fine 1st Offense |
| Alabama | >15 | Front | $25 |
| Alaska | >16 | All | $15 |
| American Samoa | No data | ||
| Arkansas | >15 | Front | $25 ($20 city & $20 county jail fines may be added) |
| California | >16 | All | $20 base fine + min. $122 for court fees and other penalty assessments |
| Connecticut | >7 | Front | $92 for >18 ($50 fine + $7 fee + $35 surcharge) $120 for <18 ($75 fine + $10 fee + $35 surcharge) |
| Delaware 1 | >16 | All | $25 |
| D.C. | >16 | All | $50 |
| Florida | >6 | Front | $30 |
| 6 - 17 | All | ||
| Georgia | 8 - 17 | All | $15 |
| >18 | Front | ||
| Guam | All | All | $100 |
| Hawaii | 8 - 17 | All | $92 (including administrative fees) |
| >18 | Front | ||
| Illinois | <18, if driver <18 | All | $25 plus court costs |
| >16 | Front | ||
| Indiana | >16 | All | $25 |
| Iowa | >18 | Front | $25 |
| Kansas | 14 - 17 | All | $60 |
| >18 | Front (other seating positions are secondary enforcement) |
$10 | |
| Kentucky | <6 and >50" | All | $25 |
| >7 | |||
| Louisiana | >13 | All | $25 |
| Maine | >18 | All | $50 |
| Maryland | >16 | Front | $25 |
| Michigan | >16 | Front | $25 |
| Minnesota | <7 (and >57") or >8 | All | $25 |
| Mississippi | >7 | Front | $25 |
| New Jersey | <7 and >80 lbs. | All (secondary for rear seats) |
$46 (including court costs) |
| >8 | |||
| New Mexico | >18 | All | $25 |
| New York | <16 | Rear | $50 |
| All | Front | ||
| North Carolina | >16 | All (secondary for rear seats) |
$25.50 + $135.50 in court costs ($10 + no court costs for rear seats) |
| Northern Mariana Islands | >6 | All | $25 |
| Oklahoma | >13 | Front | $20 |
| Oregon | >8 or 4'9" | All | $142 ($97 fine + $45 surcharge) |
| Puerto Rico | No data | ||
| Rhode Island | >18 | All | $75 |
| South Carolina | >6 | All | $25 |
| Tennessee | >16 | Front | $50 |
| Texas | >15 | All | $50 (driver or passenger) |
| <7 (and >57') - <17 | $200 (driver) | ||
| Virgin Islands | All | Front | $25 to $250 |
| Washington | >8 or >4'9" | All | $124 |
| Wisconsin | >8 | All | $10 |
| Total | 32 States + American Samoa, D.C., Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands | ||
States with Secondary Seat Belt Laws
| State | Who is Covered (Yrs.) | In What Seat | Maximum Fine 1st Offense |
| Arizona | 5 - 15 | All | $10 |
| >5 | Front | ||
| Colorado | >18 (primary for <18) | Front | $71 |
| Idaho | >7 | All | $10 (drivers <18 pay $51.50, including court costs) |
| Massachusetts | >13 | All | $25 |
| Missouri | 8 - 15 (primary) | All | $50 |
| >16 | Front | $10 (driver and passenger) | |
| Montana | >6 | All | $20 |
| Nebraska | >18 | Front | $25 |
| Nevada | >6 | All | $25 |
| North Dakota | >18 | Front | $20 |
| Ohio | 8 - 14 | All | $30 driver; $20 passenger |
| >15 | Front | ||
| Pennsylvania | 8 - 17 (primary) | All | $10 |
| >18 | Front | ||
| South Dakota | >18 | Front | $25 |
| Utah | >16 (primary for <19) | All | $45 |
| Vermont | >18 (primary for <18) | All | $25 |
| Virginia | All drivers; passengers
>18 (primary for passengers <18 in all seats) |
Front | $25 (driver ticketed for passengers <18) |
| West Virginia | 8 - 17 | All | $25 |
| >18 | Front | ||
| Wyoming | >9 | All | $25 driver; $10 passenger |
| Total States | 17 States | ||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.