Seat Belt and Child Restraint Violations
By Natalie Moritz | Legally reviewed by Melissa Bender, Esq. | Last reviewed October 12, 2023
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Every state has a law requiring the use of safety belts by adult drivers and passengers in motor vehicles. The exception is New Hampshire, whose rule applies only to passengers under 18.
About half of states allow a law enforcement officer to make a traffic stop based solely on a seat belt violation (meaning that enforcement of seat belt laws is "primary" in those states). The remaining states require a law enforcement officer to make a traffic stop for a different reason, such as speeding or a mechanical violation before police can enforce the seat belt law (meaning that enforcement can only be "secondary" in those states).
Child Restraint Violations
Each state also has traffic laws requiring child safety seats for passengers under a certain age or body weight (usually regardless of whether the child is in a front or rear seat). Also, some states prohibit children below a set weight/age from riding in child safety seats in the front seats of vehicles equipped with passenger-side airbags. Young children who exceed the age or body weight limit for a child safety seat can typically use a standard safety belt for restraint.
Buckling Up for Safety: Tips for All Ages
The easiest way to protect yourself and your family in a vehicle collision is to buckle up. But, infants, children of different ages, and adults should follow different safety recommendations for restraints and safety belts.
Here are some child restraint safety tips for babies, children, and teens:
- Infants are safest in rear-facing car seats until a minimum of age 1 and at least 20 pounds.
- Read the manufacturer's instructions carefully while installing a new booster seat, car seat, or child restraint.
- Children under 13 years of age are safest in the back seat.
- Ensure children and teens do not tuck the shoulder belt under their arms or behind their backs.
- Double-check all seating positions before you start your trip, ensuring no children or teens share seat belts.
Adult seat belts are your best defense against serious car crash injuries. Being ejected from a vehicle during a collision often results in death.
- The lap belt and shoulder belt should lay across your pelvis and ribs, and the shoulder belt should be on the center of your chest and under your neck.
- Seat belt adjusters may be available for your vehicle if the existing safety belts do not provide a comfortable and secure fit.
- If you are pregnant, do not place the lap belt on your stomach. Instead, position it across your hips and pelvis.
Seat Belt and Child Restraint State Laws
Below, you will find each state listed with links to relevant seat belt and child restraint laws. Learn about traffic violations, tickets, and fines at FindLaw's Traffic Ticket FAQs section.
State | Statute |
Alabama | Alabama Safety Belt Act (AL Code Title 32, Ch. 5B) |
Alaska | Negligent Driving (AK Statutes 28.35.45) |
Arizona | Vehicle restraints required; exceptions; civil penalty 404 (ARS 28-909) |
Arkansas |
(AR Code section 27-37-702) |
California | Safety Belts and Inflatable Restraint Systems 500 (California Vehicle Code Sections 27302 - 27317) |
Colorado |
(CRS 42-4-237) |
Connecticut | Seat safety belts. Child restraint systems (GSC section 14-100a) |
Delaware | Occupant Protection System Safety Act (DE Code Title 21, Ch. 48) |
District of Columbia | Use of safety belts required (DC Code section 50-1802) |
Florida | Safety belt usage (FS 316.614) |
Georgia | Safety belts (Georgia Code 40-8-76) |
Hawaii | Mandatory use of seat belts 403 (HRS section 291-11.6 |
Idaho | Safety restraint use 404 (ID Statutes section 49-673) |
Illinois | Seat Safety Belts (scroll to 625 ILCS 5/12-603 to 5/12-603.1) |
Indiana | Passenger Restraint Systems (Indiana Code 9-19-10) |
Iowa | Safety belts and safety harnesses (IA Code section 321.445) |
Kansas | Safety Belt Use Act (KS Statutes Ch. 8, Article 25) |
Kentucky | Requirements of use of seat belts and child restraint systems 504 [PDF] (KRS 189.125) |
Louisiana | Safety belt use 404 (LRS 32:295.1) |
Maine | Use of safety seat belts 504 (MRS Title 29-A section 2081) |
Maryland | Mandatory seat belt use (MD Transp. Code section 22-412.3) |
Massachusetts | Seat belt use required 404 404 404 (90 MGL section 13A) |
Michigan | Safety belt required (MI Vehicle Code section 257.710e) |
Minnesota | Seat belt; passenger restraint system for children (MN Statute 169.685) |
Mississippi | Mandatory use of safety belts (MS Code Title 63, Ch. 2) |
Missouri | Seat belts required for passenger cars (MRS 307.178) |
Montana | Seatbelt use required (MCA section 61-13-103) |
Nebraska | Use of restraint system or occupant protection system (R.R.S. Nebr. § 60-6, 267) |
Nevada | Safety belts and shoulder harness (NRS 484.641) |
New Hampshire | Child passenger restraints required (NH Statutes 265:107-a) |
New Jersey | Seat belt usage requirements 404 (NJ Statutes 39:3-76.2f) |
New Mexico | Safety belt use required (NMS 66-7-372) |
New York | Operation of vehicles with safety seats and safety belts (NY Vehicle & Traffic Code section 1229-c) |
North Carolina | Seat belt use mandatory (NCGS section 20-135.2A) |
North Dakota | Safety belts [PDF] (ND Code Chapter 39-21 scroll to 39-21-41.1) |
Ohio | Occupant Restraining Devices (ORC section 4513.263) |
Oklahoma | Operators and front seat passengers required to wear safety belts (OK Statute 47-12-417) |
Oregon | Rules of the Road: Safety Belts [PDF] (OR Vehicle Code scroll to 811.210 to 811.225) |
Pennsylvania | Other Required Equipment: Child Passenger Protection [PDF] (PA Vehicle Code Ch. 45; scroll to Subchapter E) |
Rhode Island | Safety seat belts in new vehicles (RI Code 31-23-39) |
South Carolina | Child Passenger Restraint System (SC Code scroll to Article 47) |
South Dakota | Safety Belt System Usage in Passenger Vehicles (SD Codified Laws Ch. 32-38) |
Tennessee | Child passenger restraint systems (TN Code section 55-9-602) |
Texas | Operation and Movement of Vehicles (TX Transp. Code Ch. 545.412 and 545.413) |
Utah | Driver and passengers -- Seat belt or child restraint device required (UT Code 41-6a-1803) |
Vermont | Child restraint systems (23 VSA section 1258) |
Virginia | Safety lap belts and shoulder harnesses (VA Code 46.2-1094) |
Washington | Child passenger restraint systems (RCW section 46.37.505) |
West Virginia | Child passenger safety devices required 504 504 (WV Code section 17C-15-46) |
Wisconsin | Safety belts and child safety restraint systems [PDF] (WI Code Chapter 347 scroll to section 347.48) |
Wyoming | Child safety restraint (WY Statutes Title 31, Ch. 5, Article 13) |
Next Steps: Hire a Local Traffic Ticket Lawyer
If the police have issued you a safety belt or child safety restraint violation, you may be able to contest the ticket. Speak with an experienced traffic ticket attorney today to help prevent your seat belt ticket from affecting your driving record.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex traffic tickets usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate penalties
- A lawyer can help you keep your license
Get tailored legal advice and ask a lawyer questions. Many traffic ticket attorneys offer free consultations.
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