Seat Belt and Child Restraint Violations
Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
With the exception of New Hampshire, every state has a law requiring the use of safety belts by adult drivers and passengers in motor vehicles. 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), while the remaining states require that a law enforcement officer make a traffic stop for a different reason, such as speeding or a mechanical violation, before the seat belt law may be enforced (meaning that enforcement can only be "secondary" in those states).
Child Restraint Violations
Each state also has traffic laws that require the use of child safety seats for child passengers under a certain age or body weight (usually regardless of whether the child is in a front or rear seat). In addition, some states prohibit children below a set weight/age from riding in child safety seats in the front seats of vehicles that are equipped with a passenger side air bag. Child passengers with an age or body weight above the limit for a child safety seat may usually be restrained with a standard safety belt.
Seat Belt and Child Restraint State Laws
Below you will find each state listed along with links to the relevant seat belt and child restraint laws. For more information, see 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 (ARS 28-909) |
Arkansas |
(AR Code section 27-37-702) |
California | Safety Belts and Inflatable Restraint Systems (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 (HRS section 291-11.6 |
Idaho | Safety restraint use (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 [PDF] (KRS 189.125) |
Louisiana | Safety belt use (LRS 32:295.1) |
Maine | Use of safety seat belts (MRS Title 29-A section 2081) |
Maryland | Mandatory seat belt use (MD Transp. Code section 22-412.3) |
Massachusetts | Seat belt use required (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 (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 (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 you've been hit with a seat belt or child safety restraint violation, you may be able to contest the ticket. Speak with a traffic ticket lawyer in your jurisdiction today to learn more.
Next Steps
Contact a qualified traffic ticket attorney to help you get the best result possible.