Number 317 September 2006

Traffic Safety Facts

Traffic Tech – Technology Transfer Series

Primary Enforcement Saves Lives: The Case 

for Upgrading Secondary Safety Belt Laws

U.S. Department of Transportation 400 Seventh Street, SW, Washington, DC 20590

National Highway Traffic Safety Administration

Safety belts save lives. In 2005, safety belts prevented 

15,700 fatalities, 350,000 serious injuries, and $67 billion in 

economic costs associated with traffic injuries and deaths. 

At 82 percent, the 2005 national safety belt use rate increased 

2 percentage points from 2004. Research has shown that 

for every percentage point increase in safety belt use, 

approximately 268 lives are saved. 

The Case for Primary Enforcement

Primary safety belt laws have a proven track record of 

increasing a State’s safety belt use rate. In 2005, the average 

safety belt use rate in primary enforcement States was 85 

percent, 10 percentage points higher than belt use in States 

without primary enforcement laws – 75 percent. When States 

upgrade their laws from secondary to primary, significant 

increases in safety belt use also occur. For example, when 

Illinois upgraded its secondary belt laws to primary in 2003, 

belt use rose from 74 percent in 2002 to 80 percent. 

As of September 2006, 25 States plus the District of Columbia 

and Puerto Rico have passed primary belt laws (see map). 

While belt use has increased in some states without a primary 

safety belt use law, the greatest gains are witnessed when 

a primary law is enacted in conjunction with enforcement, 

education, and partnership initiatives. Passing primary 

safety belt use laws in every State would save thousands of 

lives and prevent tens of thousands of injuries each year. 

States now have a greater incentive for passing primary 

laws. Under Section 2005 of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act (SAFETEA-LU), almost 

$500 million in grant funds are available in FY 2006-2009 

for all 50 States, the District of Columbia, Puerto Rico, and 

the four territories if they qualify under one of the three 

guidelines: (1) New Primary Law State: Enacts and enforces 

a conforming primary safety belt use law on or after 

January 1, 2003; (2) Pre-2003 Primary Law State: Primary 

Law in effect on or before December 31, 2002; (3) Safety 

Belt Performance State: Achieves a safety belt use rate of 

85 percent or higher without a primary safety belt law in 

two consecutive calendar years beginning after December 

31, 2005.

State Safety Belt Use Laws (as of September 2006)

Long-Term Benefits of Upgrading to Primary Law

Over the long term, primary safety belt use laws benefit 

everyone. States with primary safety belt laws not only have 

higher belt use rates, they have lower fatality rates. From 

2000 to 2004, there were smaller percentages of unrestrained 

passenger vehicle occupant fatalities in primary enforcement 

States (51% compared to 65%). Additionally, in primary 

enforcement States, the passenger vehicle occupant fatality 

rates were 1.03 per 100 million vehicle miles traveled and 

10.69 per 100,000 population. For all other States the rates 

were 1.21 and 13.13, respectively.

A recent study by the Insurance Institute for Highway 

Safety estimated the number of lives that could have been 

saved had the remaining secondary law States converted to 

a primary law. The study reported that approximately 5,390 

lives could have been saved (see table, next page).

OR

CA

AK

WA

NM

TX

OK

AL MS

LA

GA

FL

NC

NY

SC

TN

KY

IL IN

IA

MI

DC

CT

RI

MA

NH

VT

NJ

MD

DE

HI

MT ND

SD

NE

KS

WY

ID

NV

UT CO

AZ

Primary Secondary No Adult SB Law

PR

AR

MO

OH

PA

WV VA

ME

MN

WI
TRAFFIC TECH is a publication to disseminate information 

about traffic safety programs, 

including evaluations, innovative programs, and new publications. Feel free to copy it 

as you wish. If you would 

like to receive a copy, contact 

Melissa Cheung, MPH, Editor, fax 202-366-7096, e-mail: 

melissa.cheung@dot.gov.

400 Seventh Street SW.

NTI-130

Washington, DC 20590

Effects of Strengthening Belt Laws (since 1996)

Secondary 

Belt Law States

Passenger vehicle 

driver deaths

1996-2003

Lives that could 

have been saved 

since 1996

*Alaska 326 23

Arizona 3,347 234

Arkansas 2,914 204

Colorado 2,646 185

Florida 10,889 761

Idaho 1,158 81

Kansas 2,373 166

*Kentucky 4,027 282

Maine 838 59

Massachusetts 1,776 124

Minnesota 2,771 194

*Mississippi 4,314 302

Missouri 5,459 382

Montana 1,070 75

Nebraska 1,345 94

Nevada 1,226 89

North Dakota 465 33

Ohio 6,309 441

Pennsylvania 6,644 465

Rhode Island 336 23

*South Carolina 4,436 310

South Dakota 699 49

Utah 1,216 85

Vermont 372 26

Virginia 4,200 294

West Virginia 1,759 123

Wisconsin 3,454 242

Wyoming 675 47

TOTAL 77,084 5,390

* Alaska, Kentucky, Mississippi, and South Carolina now have primary laws.

The national safety belt use rate can also reduce the 

economic costs associated with crashes. Increasing the 

2005 national belt use rate from 82 percent to 90 percent 

would save approximately $7.2 billion annually due to 

reduced productivity losses, property damage, medical 

costs, rehabilitation costs, legal and court costs, emergency 

services costs, insurance administration costs, funeral costs, 

traffic delay, and costs to employers.

Public Support for Safety Belt Use Laws

In 2003, NHTSA surveyed approximately 6,000 people 16 

and older in the U.S. to determine attitudes, knowledge, 

and experience with safety belt laws and their enforcement. 

Ninety-five percent of the public agreed with the statement, 

“If I were in an accident, I would want to have my seat belt 

on.” The vast majority of the public (88%) also favored 

safety belt laws for front seat occupants. 

Responding to Objections to Primary Belt Laws

While primary enforcement saves lives, saves money, and 

prevents injuries, some still oppose it. If people do not know 

the facts, politically sensitive issues, such as infringement of 

individual rights and harassment, may become obstacles in 

passing primary laws. Thus, it is important that State and 

local law enforcement leaders provide public assurances that 

belt use laws will be enforced uniformly in all segments of the 

population. More specifically, they should be encouraged to 

review and reaffirm their departmental policies and training 

programs to ensure people’s rights are not violated. All 

steps should be taken to educate the public that enforcement 

leaders take these issues seriously and have policies and 

procedures in place to address it.

Primary Enforcement Saves Lives: The Case for Upgrading 

Secondary Safety Belt Laws presents the overwhelming 

evidence that safety belt use saves lives, reduces injuries, 

and reduces economic costs associated with motor vehicle 

crashes. The booklet can be distributed to garner support, to 

develop speeches, make presentations, to write fact sheets, 

and to write news releases.

How to Order

To order Primary Enforcement Saves Lives: The Case for 

Upgrading Secondary Safety Belt Laws (58 pages), write 

to the Office of Occupant Protection, NHTSA, NTI-110, 400 

Seventh Street SW., Washington, DC 20590, fax 202-366-7096, 

or download from www.nhtsa.dot.gov. Jennifer Warren, 

MPH was the Contracting Officer’s Technical Representative 

for this project.