DOT HS 812 129 April 2015 

Summary of Vehicle Occupant 

Protection and Motorcycle Laws

Twelfth Edition

Current as of November 15, 2013
DISCLAIMER 

This publication is distributed by the U.S. Department of Transportation, National 

Highway Traffic Safety Administration, in the interest of information exchange. 

The opinions, findings, and conclusions expressed in this publication are those of 

the authors and not necessarily those of the Department of Transportation or the 

National Highway Traffic Safety Administration. The content is not intended to be 

used for determination of federal grant programs. The United States Government 

assumes no liability for its contents or use thereof. If trade or manufacturers’ 

names or products are mentioned, it is because they are considered essential to 

the object of the publication and should not be construed as an endorsement. The 

United States Government does not endorse products or manufacturers. 
 

 

 

 

Table of Contents 

INTRODUCTION ........................................................................................................iii
 

KEY PROVISIONS OF STATE SEAT BELT AND CHILD OCCUPANT PROTECTION SAFETY LAWS ............v
 

KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS ........................................................ xi
 

ALABAMA................................................................................................................................1
 

ALASKA ...................................................................................................................................4
 

ARIZONA .................................................................................................................................7
 

ARKANSAS ............................................................................................................................ 10
 

CALIFORNIA......................................................................................................................... 13
 

COLORADO........................................................................................................................... 17
 

CONNECTICUT..................................................................................................................... 20
 

DELAWARE........................................................................................................................... 23
 

DISTRICT OF COLUMBIA .................................................................................................. 26
 

FLORIDA................................................................................................................................ 29
 

GEORGIA............................................................................................................................... 33
 

HAWAI’I.................................................................................................................................36
 

IDAHO .................................................................................................................................... 39
 

ILLINOIS ................................................................................................................................ 41
 

INDIANA.................................................................................................................................44
 

IOWA ...................................................................................................................................... 47
 

KANSAS .................................................................................................................................. 50
 

KENTUCKY ........................................................................................................................... 53
 

LOUISIANA............................................................................................................................ 55
 

MAINE .................................................................................................................................... 59
 

MARYLAND........................................................................................................................... 62
 

MASSACHUSETTS................................................................................................................ 66
 

MICHIGAN............................................................................................................................. 69
 

MINNESOTA.......................................................................................................................... 72
 

MISSISSIPPI...........................................................................................................................76
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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MISSOURI ..............................................................................................................................79
 

MONTANA .............................................................................................................................82
 

NEBRASKA ............................................................................................................................ 84
 

NEVADA .................................................................................................................................87
 

NEW HAMPSHIRE................................................................................................................ 91
 

NEW JERSEY......................................................................................................................... 94
 

NEW MEXICO ....................................................................................................................... 98
 

NEW YORK .......................................................................................................................... 101
 

NORTH CAROLINA............................................................................................................ 105
 

NORTH DAKOTA................................................................................................................ 108
 

OHIO .....................................................................................................................................110
 

OKLAHOMA........................................................................................................................ 114
 

OREGON ..............................................................................................................................117
 

PENNSYLVANIA ................................................................................................................. 120
 

PUERTO RICO .................................................................................................................... 123
 

RHODE ISLAND .................................................................................................................. 125
 

SOUTH CAROLINA ............................................................................................................ 128
 

SOUTH DAKOTA ................................................................................................................ 131
 

TENNESSEE .........................................................................................................................134
 

TEXAS...................................................................................................................................138
 

UTAH ....................................................................................................................................141
 

VERMONT ...........................................................................................................................144
 

VIRGINIA .............................................................................................................................147
 

WASHINGTON ....................................................................................................................151
 

WEST VIRGINIA .................................................................................................................154
 

WISCONSIN .........................................................................................................................157
 

WYOMING ...........................................................................................................................161
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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INTRODUCTION
 

The National Highway Traffic Safety 

Administration is responsible for reducing motor 

vehicle fatalities and injuries on our Nation’s 

highways. Research has shown that effective 

State and local traffic safety laws play an 

important role in helping to reduce motor 

vehicle crashes. 

This publication provides summary charts of the 

key provisions of State occupant protection and 

motorcycle laws, and detailed lists of these laws 

in every State, the District of Columbia and 

Puerto Rico. Such laws include requiring the 

use of (1) seat belts, (2) child passenger restraint 

devices (child car seats and booster seats), and 

(3) motorcycle or bicycle helmets. Also 

included are laws concerning age restrictions for 

motorcycle passengers and laws that prohibit 

riding in the bed of a pickup truck. Except as 

noted, the State laws reported are current as of 

November 15, 2013. 

OVERVIEW 

Required Use of Seat Belts: 

All States, the District of Columbia, and Puerto 

Rico have mandatory motor vehicle front seat 

belt laws of some kind. New Hampshire is the 

only State that does not require adults age 18 

and older to wear seat belts. 

State seat belt use laws vary in terms of their 

limitations and exemptions, i.e., virtually every 

State exempts people who, for medical reasons 

or certain physical characteristics, cannot use a 

seat belt. Other exemptions include specific 

types of vehicles or vehicles operating under 

specific conditions. For example, exempted 

vehicles often include those designed for more 

than 10 passengers, vehicles of a model year 

prior to 1972, or farm vehicles. Vehicles used 

for commercial purposes requiring frequent 

stops and deliveries are also typically exempt 

when not exceeding 25 mph between stops. 

Details regarding these varying exceptions, 

limitations, and exemptions are listed in the 

Summary Chart of Key Provisions of Occupant 

Restraint Laws and the State analysis. State 

fines for first time violations of seat belt use 

laws vary from $5 to $250. Most States permit 

fines of up to $25. 

Primary versus Secondary Seat Belt Laws: 

“Primary” seat belt enforcement means that a 

law enforcement officer has the authority to 

issue a citation for failure to wear a seat belt 

based solely on probable cause of such violation. 

Note: “Primary” seat belt laws are sometimes 

referred to as “standard” laws. “Secondary” 

enforcement means that such officers are only 

authorized to enforce a violation of the seat belt 

use law after they have first stopped a driver for 

some other law violation. 

A National Occupant Protection Use Survey 

(NOPUS), conducted in June 2013, found that 

the average seat belt use rates in States with 

primary enforcement laws were 11 percentage 

points higher than in States without primary 

enforcement laws. (On average, seat belt use 

was 91% in primary law States versus 80% in 

States with secondary laws or no law.) 

15 Passenger Vans: 

Recently some States have begun addressing the 

use of seat belts in passenger vans. In some 

States, this vehicle occupant protection is 

incorporated into existing seat belt legislation. 

In other instances, States are drafting legislation 

to specifically address this issue. 

Required Use of Child Restraint Systems 

(Child Car Seats and Booster Seats): 

All States require, at a minimum, that all 

children 3 or younger, weighing less than 40 

lbs., or less than 40 inches tall, be secured in 

child restraint systems while traveling in motor 

vehicles. Most State laws require these devices 

to meet Federal specifications. 49 CFR 571.213. 

About half the States provide for a medical or 

physical exemption from these requirements. 

State child restraint laws also include numerous 

other exemptions and exclusions. 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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Older children, usually defined as those 4 and 

older, weighing up to 80 pounds or up to 4’9” 

tall, must be secured in a booster seat or other 

appropriate child restraint system. Most States 

include language addressing the specific use of 

booster seats by children who have outgrown 

their forward-facing child restraint system. 

Specific provisions vary widely from State to 

State, including the upper age limit, and height 

and/or weight requirements. Virtually all States 

exempt the use of a child r estraint system for 

medical or physical reasons (certified in writing 

by a physician or other medical professional). 

State fines for first-time violations of child 

restraint laws vary dramatically, from not more 

than $10 to up to $500. Most States permit fines 

of up to $50. 

Motorcycle and Bicycle Helmet Use Laws: 

Most State laws mandate the use of some type of 

protective headgear when operating or riding on 

a motorcycle, however requirements vary by 

age. A few States now require children to wear 

safety helmets when riding bicycles. Despite 

legal challenges, courts have held motorcycle 

helmet usage laws to be constitutional. 

Required Use of Motorcycle Eye Protection: 

Most State laws require operators, and in some 

cases, passengers, of motorcycles to wear eye 

protection devices, e.g., goggles, while operating 

or riding on motorcycles. However, these laws 

normally provide an exemption if the 

motorcycle is equipped with a windshield. 

Fines:
 

Unless noted, the fines reported do not include
 

court costs or bail schedule forfeitures.
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE SEAT BELT AND CHILD OCCUPANT PROTECTION SAFETY LAWS 

(current as of 11/15/13) 

State Seat Belt 

Enforcement1 

1st 

Violation 

Fine 2 

Seat Belt 

Required3 Child Occupant Protection4 

1st 

Violation 

Fine 5 

Demerit Points Gaps in 

Laws Seats Ages6 

Alabama Primary Up to $25 Front All 

Until age 1or 20 lbs. = rear-facing car seat 

Age 1-4 or 40 lbs. = forward-facing car seat 

Age 5 = booster seat 

Age 6-14 = seat belt (all seats) 

$25 

No statutory 

provision; 1 

point for child 

restraint 

violation 

Back seat: 

Over age 14 

Alaska Primary Up to $15 All Age 16 

& older 

Under age 1, or age 1 & < 20 lbs. = rear-facing car 

seat; Age 1-4 & ≥ 20 lbs. = car seat or booster seat 

Age 4-7 & < 57 in. & 20-64 lbs. = booster seat 

Over age 4 & > 57 in. & > 64 lbs. = seat belt 

Age 8-15 & < 57 in. & < 65 lbs. = booster seat 

as determined by driver 

Up to $50 No statutory 

provision None 

Arizona Secondary Not more 

than $10 Front All Under age 5 = car seat; Age 5-7 & ≤ 4 ft., 9 in. = booster seat; Age 8-15 = seat belt $50 No statutory provision 

Back seat: 

Over age 15 

Arkansas Primary Not more 

than $25 Front All 

Under age 6 & < 60 lbs. = car seat 

Age 6 or 60 lbs. = seat belt 

Age 7-14 = booster seat or seat belt 

$25-100 No statutory 

provision 

Back seat: 

Over age 14 

California Primary Not more 

than $20 All Age 16 & older 

Under age 8 in rear seat = car seat or booster seat 

Age 8-15 = booster seat or seat belt $100 None 

Colorado Secondary $65 Front All 

Under age 1 & < 20 lbs. = rear-facing car seat 

Age 1-3 & 20-39 lbs. = rear- or forward-facing car 

seat; Age 4-7 = booster seat 

Age 8-15 = booster seat or seat belt 

$65 No points7 Back seat: 

Over age 15 

Connecticut Primary Front All $35-90 

No points; not 

less 2 points for 

child restraint 

violation 

Back seat: 

Over age 

178 

No points; 1 

point for child 

restraint 

violation 

$50 (age 18 

and older) 

$75 (under 

age 18) 

Under age 1 or < 20 lbs. = rear-facing car seat 

Age 1-6 or < 60 lbs. = car seat or booster seat 

Age 7 or older & ≥ 60 lbs. = booster seat 

or seat belt. 

1

Generally, this requirement concerns passenger vehicles only; commercial vehicles, mail/newspaper carriers and trucks are typically exempt.

2

This amount represents the actual statutory fine set forth by law. Generally, the States add surcharges and court costs to this amount. 3

Virtually every State exempts persons who, for medical reasons, cannot use a seat belt; and vehicles not originally required to be equipped with seat belts. 4

This may include rear-facing and forward-facing child restraint seats (car seats), booster seats and seat belts. 5

This amount represents the actual fine set forth by law. Generally, the States add surcharges and court costs to this amount. 6

Note: The word “All” used in this category means everyone must be restrained in a seat belt unless he/she is required to be restrained in a child safety restraint. 7

2 points shall be assessed for drivers under the age of 18. 8

If the driver is under age 18, however, then each of his/her passengers, regardless of age and seat, must wear a seat belt.
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE SEAT BELT AND CHILD OCCUPANT PROTECTION SAFETY LAWS 

(current as of 11/15/13) 

State Seat Belt 

Enforcement1 

1st 

Violation 

Fine 2 

Seat Belt 

Required3 Child Occupant Protection4 

1st 

Violation 

Fine 5 

Demerit Points Gaps in 

Laws Seats Ages6 

Delaware Primary $25 All Age 16+ Age 7 & under & ≤ 65 lbs. = car seat or booster 

seat; Age 8-15 or > 65 lbs. = seat belt $25 No points None 

District of 

Columbia Primary $50 All All 

Under age 3 = car seat 

Age 3-7 = car seat or booster seat 

Age 8-15 = booster seat or seat belt 

$759 

2 points for one 

violation; 3 

points for 

simultaneous 

multiple 

violations 

None 

Florida Primary $30 All All 

Age 3 & under = car seat 

Age 4-5 = car seat, booster seat or seat belt 

Age 6-17 = seat belt (all seats) 

$60 

3 points for 

child restraint 

violation 

None 

Georgia Primary Not more 

than $15 Front All Under age 8 = car seat or booster seat Age 8 or older = seat belt (all seats) 

Not more 

than $50 

1 point for child 

restraint 

violation 

None 

Hawaii Primary $45 All All Under age 4 = car seat 

Age 4-7 = car seat or booster seat 

Not more 

than $100 

No statutory 

provision None 

Idaho Secondary $10 All All Age 6 & under = car seat or booster seat Not more 

than $100 No points None 

Illinois Primary Not to 

exceed $25 All All Under age 8 = car seat or booster seat Age 8-15 = seat belt $75 No points None 

Indiana Primary Up to $25 All All Under age 8 = car seat or booster seat 

Age 8-15 = booster seat or seat belt Up to $25 No points None 

Iowa Primary $50 Front All 

Under age 1 &< 20 lbs. = rear-facing car seat 

Under age 6 & ≥ 20 lbs. = car seat 

Age 6-17 = booster seat or seat belt (all seats) 

$100 No statutory 

provision 

Back seat: 

Over age 17 

Kansas Primary $10 All 

Age 14 

and 

older 

Under age 4 = car seat 

Age 4-7 & < 80 lbs. or < 4 ft. 9 in. = car seat 

or booster seat 

Age 8-13 or > 80 lbs. or > 4 ft. 9 in. = seat belt 

$60 No statutory 

provision None 

Kentucky Primary Not more 

than $25 All All ≤ 40 in. tall = car seat Under age 7 & 40-50 in. = booster seat $50 No statutory provision None 

9

If the person in violation attends a child restraint safety class, the $75 fine will be waived. However, the class costs $25. 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE SEAT BELT AND CHILD OCCUPANT PROTECTION SAFETY LAWS 

(current as of 11/15/13) 

State Seat Belt 

Enforcement1 

1st 

Violation 

Fine 2 

Seat Belt 

Required3 Child Occupant Protection4 

1st 

Violation 

Fine 5 

Demerit Points Gaps in 

Laws Seats Ages6 

Louisiana Primary $25 All All 

Under age 1 or < 20 lbs. = rear facing car seat 

Age 1-3 or 20-39 lbs. = forward-facing car seat 

Age 4-5 or 40-60 lbs. = booster seat; 

Age 6 or > 60 lbs. = booster seat or seat belt 

$100 No statutory 

provision None 

Maine Primary $50 All All 

< 40 lbs. = car seat; Under age 8 & 40-79 lbs. = 

car seat or booster seat; Age 8-17 = seat belt 

Under age 18 & > 4 ft. 9 in. = seat belt 

$50 No points None 

Maryland Primary Not more 

than $50 All All $25 No points None 

Massachusetts Secondary $25 All All Under age 8 & ≤ 57 in. = car seat or booster seat 

Under age 13 but > 57 in. = seat belt 

Not more 

than $25 

No statutory 

provision None 

Michigan Primary $25 Front All 

Under age 4 = car seat 

Age 4-7 &< 4 ft. 9 in. = booster seat 

Age 4-16 & ≥ 4 ft. 9 in. = seat belt 

Not more 

than $10 No points Back seat: Over age 16 

Minnesota Primary $25 All All Under age 8 & < 4 ft. 9 in. = car seat 

or booster seat 

Not more 

than $50 

No statutory 

provision None 

Mississippi Primary $25 Front All Not more 

than $25 

No statutory 

provision 

Missouri Secondary Not more 

than $10 Front All 

Under age 4 = car seat; Under 40 lbs. = car seat 

Age 4-7 & 40-79 lbs. & < 4 ft. 9 in. = car seat or 

booster seat; Under age 18 & ≥ 80 lbs. or 

> 4 ft. 9 in. = booster seat or seat belt 

Not more 

than $50 No points 

Back seat: 

Over age 18 

Montana Secondary $20 All All Under age 6 & < 60 lbs. = car seat Not more 

than $100 

No statutory 

provision None 

Nebraska Secondary $25 Front All Up to age 6 = car seat 

Age 6-17 = seat belt (all seats) $25 No points Back seat: Over age 17 

Nevada Secondary Not more 

than $25 All All $100-500 No points None 

Under age 8 &< 4 ft. 9 in. = car seat or booster 

seat 

Under age 16 = booster seat or seat belt 

Under age 4 = car seat 

Age 4-6 & < 4 ft. 9 in. or < 65 lbs. = booster seat 

Under age 7 & ≥ 4 ft. 9 in. / 65 lbs. = seat belt 

(all seats) 

Back seat: 

Age 7 and 

over 

Under age 6 & < 60 lbs. = car seat 

Age 6 or older or > 60 lbs. = booster seat 

or seat belt 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE SEAT BELT AND CHILD OCCUPANT PROTECTION SAFETY LAWS 

(current as of 11/15/13) 

State Seat Belt 

Enforcement1 

1st 

Violation 

Fine 2 

Seat Belt 

Required3 Child Occupant Protection4 

1st 

Violation 

Fine 5 

Demerit Points 

Seats Ages6 

New 

Hampshire 

No adult law 10 $50 All 

Under 

age 18 

= all 

seats 

Under age 7 & ≤ 57 in. = car seat or booster seat $50 No statutory 

provision 

All seats: 

Over age 18 

New Jersey Primary $20 All All $10-25 No points None 

New Mexico Primary $25 All All 

Under age 1 = rear-facing car seat 

Age 1-4 or < 40 lbs. = car seat 

Age 5-6 or < 60 lbs. = car seat or booster seat 

Age 7-12 = booster seat or seat belt 

$25 2 points None 

New York11 Primary Up to $50 Front All $25-100 Back Seat: 

Over age 15 

North 

Carolina Primary12 

Driver or 

front seat 

passenger 

$25.50; 

rear-seat 

$10 

All All Under age 8 & < 80 lbs. = car seat or booster seat 

Under age 16 = booster seat or seat belt 

Not more 

than $25 

2 points for 

child restraint 

violation 

None 

North Dakota Secondary Not more 

than $20 Front All Under age 7 & < 80 lbs. & < 57 in. = car seat Age 7-17 = booster seat or seat belt (all seats) $25 

1 point for child 

restraint 

violation 

Back seat: 

Over age 17 

Ohio Secondary 

$30 driver, 

$20 

passenger 

Front All 

Under age 4 & < 40 lbs. = car seat 

Under age 8 & < 4 ft. 9 in. = booster seat 

Age 8-15 = booster seat or seat belt 

$25-75 No points Back seat: 

Over age 15 

Oklahoma Primary Not more 

than $20 Front All Under age 6 = car seat Age 6-12 = booster seat or seat belt $50 No points Back seat: Over age 12 

Oregon Primary Not more 

than $250 All All Under age 1 or ≤ 20 lbs. = rear-facing car seat ≤ 40 lbs. = car seat 

Not more 

than $250 

No statutory 

provision None 

Gaps in 

Laws 

10There is no requirement for an adult to wear a seat belt. The fine listed is for a violation by a passenger under the age of 18, not required to wear a child restraint system. 11See detail in New York’s law in the State-by-State Analysis Section of this document for front seat and back seat passenger safety requirements. 12Primary enforcement does not apply when the violation is by a rear seat passenger. 

Under age 8 & < 80 lbs. = car seat or booster seat 

Under age 8 & > 80 lbs. = seat belt 

Age 8-17 = seat belt 

Under age 4 & ≤ 40 lbs. = car seat 

Under age 4 & > 40 lbs. = booster seat or seat belt 

Age 4-7 = booster seat 

Age 8-15 = seat belt (all seats) 

No statutory 

provision; 3 

points for child 

restraint 

violation 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE SEAT BELT AND CHILD OCCUPANT PROTECTION SAFETY LAWS 

(current as of 11/15/13) 

State Seat Belt 

Enforcement1 

1st 

Violation 

Fine 2 

Seat Belt 

Required3 Child Occupant Protection4 

1st 

Violation 

Fine 5 

Demerit Points Gaps in 

Laws Seats Ages6 

> 40 lbs. & ≤ 4 ft. 9 in. = booster seat 

> 4 ft. 9 in. = seat belt; Age 8 or older = seat belt 

Pennsylvania Secondary $10 Front All Under age 4 = car seat 

Age 4-7 = booster seat or car seat 

Not more 

than $75 No points Back seat: Over age 7 

Puerto Rico Primary $50 All All Under age 4 = car seat $100 No statutory 

provision None 

Rhode Island Primary $40 All All 

Under age 8 & < 57 in. & < 80 lbs. = car seat (rear 

seat); Age 8 ≥ 57 in. & ≥ 80 lbs. = booster seat or 

seat belt (rear seat); 

Age 8-17 = booster seat or seat belt. 

$40 No statutory 

provision None 

South 

Carolina Primary Not more 

than $2513 All All 

Under age 1 or < 20 lbs. = rear-facing car seat 

Age 1-5 & 20-39 lbs. = forward-facing car seat 

Age 1-5 & 40-80 lbs. = booster seat 

Age 1-5 & > 80 lbs. = seat belt 

Not more 

than $150 No points None 

South Dakota Secondary $25 Front All 

Under age 5 & < 40 lbs. = car seat 

Under age 5 & ≥ 40 lbs. = seat belt (all seats) 

Age 5-17 = seat belt (all seats) 

Not less 

than $25 or 

more 

than $50 

Under age 1 or < 20 lbs. = rear-facing car seat 

Age 1-7 & > 20 lbs. = car seat or booster seat 

Age 8-17 = seat belt or booster seat 

$25 No points Back seat: 

Over age 17 

Tennessee Primary 

Not more 

than $50 

and/or 30 

days in jail 

Front All 

Under age 1 or ≤ 20 lbs. = rear-facing car seat 

Age 1-3 & > 20 lbs. = forward-facing car seat 

Age 4-8 & < 4 ft. 9 in. = booster seat 

Age 9-12 or through age 12 & ≥ 4 ft. 9 in. = seat 

belt; Age 13-17 = seat belt (all seats) 

Not more 

than $50 

and/or 30 

days in 

jail 

No points Back seat: 

Over age 17 

Texas Primary All All Under age 8 & < 4 ft. 9 in. 

= car seat or booster seat 

Not less 

than $25 

or more 

than $250 

2 points for 

child restraint 

violation 

None 

Utah Secondary Not more 

than $45 All All Under age 8 & < 57 in. = car seat or booster seat Age 8-15 = seat belt 

Not more 

than $45 No points None 

Vermont Secondary $25 All All $25 No statutory 

provision None 

13Where more than one incident occurred, the fine shall be not more than $50. 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE SEAT BELT AND CHILD OCCUPANT PROTECTION SAFETY LAWS 

(current as of 11/15/13) 

State Seat Belt 

Enforcement1 

1st 

Violation 

Fine 2 

Seat Belt 

Required3 Child Occupant Protection4 

1st 

Violation 

Fine 5 

Demerit Points Gaps in 

Laws Seats Ages6 

Virginia Secondary $25 Front All Under age 8 = car seat or booster seat 

Age 8-17 = seat belt (all seats) $50 No points Back seat: Over age 17 

Washington Primary $42 All Age 16 

or older 

Under age 8 & < 4 ft. 9 in. 

= car seat or booster seat 

Age 8-15 or ≥ 4 ft. 9 in. = seat belt 

$42 No statutory 

provision None 

West Virginia Primary $25 Front All 

Under age 8 & < 4 ft. 9 in. 

= car seat or booster seat 

Under age 18 = seat belt (all seats) 

$10-20 No points Back seat: 

Over age 17 

Wisconsin Primary $10 All All 

Under age 1 or < 20 lbs. = rear-facing car seat 

Age 1-3 & ≥ 20-39 lbs. = forward-facing car seat 

Age 4-7, 40-80 lbs., ≤ 57 in. = booster seat 

$30-75 No points None 

Wyoming Secondary 

Not more 

than $25 

(driver); $10 

(passenger) 

All All Under age 9 = car seat or booster seat Not more 

than $50 

No statutory 

provision None 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS 

(current as of 11/15/13) 

State 

Type of 

Helmet Use 

Law14 

Helmet Use Requirements Sanctions for Failure to Use 

A Helmet 1st Offense 15 Is Eye 

Protection 

Required? 

Passenger 

Meets Restrictions 

FMVSS 21816 Age Range Exemptions Fine Points Jail 

Alabama Universal No All Riding in enclosed cabs Not more 

than $100 

Not 

specified 17 

Not more 

than 10 

days 

No None specified 

Alaska Age-specific Included Under age 18 None Not more 

than $300 

Not 

specified None 

Yes unless 

windscreen/ 

windshield 

None specified 

Arizona Age-specific No Under age 18 

Riding on an electricallypowered 3-wheeled 

vehicle or in an enclosed 

cab of such vehicle. 

Not more 

than $250 

Not 

specified None Yes unless windshield None specified 

Arkansas Age-specific No Under age 21 None $10-$50 Not 

specified 

Not more 

than 30 

days 

Yes 

A child must be at 

least age 8 (except 

for parades) 

California Universal Included All None Not more 

than $100 None None No None specified 

Colorado Age-specific Yes Under age 18 None 

$100 

plus $15 

surcharge 

Not 

specified None Yes None specified 

Connecticut Age-specific Yes Under age 18 None Not less 

than $90 None None 

Yes unless 

windscreen/ 

windshield 

None specified 

Delaware Age-specific No Under age 19 None $25-$75 Not 

specified None Yes None specified 

14A State law requiring all motorcycle operators and passengers to wear a helmet is considered to be a universal law. Other State laws require operators and/or passengers of a certain age,
 

e.g., under age 18, to wear helmets. This is indicated as Age-specific. Some State laws include additional restrictions – such restrictions are indicated in this column, with footnotes to
 

provide specific details.

15While the sanctions shown are for the first offense, some States provide for greater sanctions for the second and/or subsequent offense(s) for not wearing a motorcycle helmet. 16Where “included” is listed, this means the standard includes, but is not limited to FMVSS 218.
 17While Alabama’s law does not specifically authorize licensing action for this offense, an offender may be subject to such action.
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS 

(current as of 11/15/13) 

State 

Type of 

Helmet Use 

Law14 

Helmet Use Requirements Sanctions for Failure to Use 

A Helmet 1st Offense 15 Is Eye 

Protection 

Required? 

Passenger 

Meets Restrictions 

FMVSS 21816 Age Range Exemptions Fine Points Jail 

District of 

Columbia Universal Included All None $75 None None Yes None specified 

Florida 

Age and 

insurancespecific 18 

Yes Under age 21 

Age ≥ 16 in enclosed cabs 

or on a small motorcycle 

with speed capability 

of ≤ 30 mph 

$30 plus 

$18 court 

costs 

Not 

specified None Yes None specified 

Georgia Universal Yes All 

Riding in enclosed cabs or 

carts, or motorcycles with 

3 wheels used for 

agricultural purposes 

Not more 

than 

$1,000 

Not 

specified 

Not more 

than 12 

months 

Yes unless 

windshield None specified 

Hawaii Age-specific No Under age 18 

A motorcycle or motor 

scooter with 3 wheels, 

powered by an electric 

motor, has an enclosed 

cab, and has a seat belt 

assembly or child restraint 

Not more 

than 

$1,000 

Not 

specified None 

Yes unless 

windscreen/ 

windshield 

No child under 

age 719 

Idaho Age-specific Yes Under age 18 None Not more 

than $100 No None No None specified 

Illinois None N/A N/A N/A N/A N/A N/A Yes None specified 

Indiana Age-specific Yes Under age 18 None Up to 

$500 4 points None Yes None specified 

Iowa None N/A N/A N/A N/A N/A N/A No None specified 

18Persons who are over 21 may operate or ride on motorcycles without protective headgear provided they have at least $10,000 in medical benefits for any injuries that they may sustain as a
 

result of crash while riding on such motor vehicle.

19However, if such motorcycle or motor scooter has 3 wheels, is powered by an electric motor, has a full-bodied enclosed cab, and seat belt/child restraint systems in use, then a child under
 

the age of 7 may be a passenger.
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

xii 
 

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KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS 

(current as of 11/15/13) 

State 

Type of 

Helmet Use 

Law14 

Helmet Use Requirements Sanctions for Failure to Use 

A Helmet 1st Offense 15 Is Eye 

Protection 

Required? 

Passenger 

Meets Restrictions 

FMVSS 21816 Age Range Exemptions Fine Points Jail 

Kansas Age-specific Included Under age 18 

Riding in an enclosed cab, 

golf cart or any cargotype vehicle with 

3 wheels 

Not more 

than $45 

Not 

specified None Yes unless windscreen None specified 

Kentucky 

Age and 

experiencespecific 20 Yes Under age 21 None $20-$100 Not 

specified None Yes None specified 

Louisiana Universal No All 

Riding autocycles with 

roofs; riding in a parade 

or other public exhibition 

$50 Not 

specified None Yes unless windshield 

A child must be 

age ≥ 5 

Maine 

Age and 

experiencespecific 21 Included Under age 18 None $25-$500 No None No None specified 

Maryland Universal Yes All Riding in enclosed cabs Not more 

than $500 No None Yes unless windscreen None specified 

Massachusetts Universal No All None Not more 

than $35 

Not 

specified None 

Yes unless 

windshield/ 

windscreen 

None specified 

Michigan 

Age and 

experiencespecific 22 No 

Under age 19 

(moped); 

under age 21 

(motorcycle) 

None Not more 

than $100 

Not 

specified None Yes unless windshield None specified 

Minnesota Age -specific Yes Under age 18 Participating in a parade; 

riding in an enclosed cab 

Not more 

than $300 

Not 

specified None Yes 

Passenger’s feet 

must reach the 

footrests 

20Any operator, regardless of age, who possesses a motorcycle instruction permit, must wear a helmet. Any operator, regardless of age, who possesses a motorcycle operator’s permit for less
 

than 1 year, must wear a helmet.

21Any operator, regardless of age, operating under a learner's permit or within one year of successfully completing a driving test, must wear a helmet; any passenger of an operator required 

to wear a helmet must also wear a helmet.
 22A person who is operating a motorcycle is not required to wear a crash helmet if he or she has had a motorcycle endorsement on his or her operator's or chauffeur's license for not less than 

2 years or the person passes an approved motorcycle safety course, and carries at least $20,000 in medical insurance.
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

xiii 
 

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KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS 

(current as of 11/15/13) 

State 

Type of 

Helmet Use 

Law14 

Helmet Use Requirements Sanctions for Failure to Use 

A Helmet 1st Offense 15 Is Eye 

Protection 

Required? 

Passenger 

Meets Restrictions 

FMVSS 21816 Age Range Exemptions Fine Points Jail 

Mississippi Universal Yes All 

Age ≥ 18 riding in a 

parade at a speed 

of ≤ 30 mph 

Not more 

than $100 

Not 

specified 

Not more 

than 10 

days 

No None specified 

Missouri Universal Yes All None Not more 

than $25 No None No None specified 

Montana Age-specific Yes Under age 18 None $5 Not 

specified None No 

During first 6 

months, a 

restricted licensee 

may not operate 

with a passenger < 

age 18 

Nebraska Universal Yes All None $50 No None No None specified 

Nevada Universal Yes All Operating or riding on trimobiles or mopeds 

Not more 

than 

$1,000 

2 points 

Not more 

than 6 

months 

Yes unless 

windscreen None specified 

New 

Hampshire None23 N/A N/A N/A N/A Not 

specified None 

Yes unless 

windshield/ 

windscreen 

None specified 

New Jersey Universal Yes All None $25-$100 Not 

specified None Yes unless windscreen None specified 

New Mexico Age-specific No Under age 18 None Not more 

than $300 

Not 

specified 

Not more 

than 90 

days 

Yes unless 

windshield None specified 

23Each motorcycle rider education student shall wear a helmet meeting FMVSS 218 requirements. A fine of not more than $1000 is the sanction for this statute. Note: N.H. Rev. Stat. § 

265:122 I states that no person under the age of 18 may drive or ride upon a motorcycle unless he wears State approved protective headgear. However, N.H. Rev. Stat. § 265:122 III states 

that “If [F]ederal law is altered so that the mandatory wearing of protective headgear on motorcycles by persons less than age 18 is not required as a condition to the receipt by the State of 

any [F]ederal funds, paragraphs I ...shall be void.” Given that the mandatory wearing of protective headgear on motorcycles by persons less than age 18 is not currently required as a 

condition to the receipt of State or Federal funds, for practical purposes protective headgear for motorcycle drivers or passengers is not mandatory. 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

xiv 
 

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KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS 

(current as of 11/15/13) 

State 

Type of 

Helmet Use 

Law14 

Helmet Use Requirements Sanctions for Failure to Use 

A Helmet 1st Offense 15 Is Eye 

Protection 

Required? 

Passenger 

Meets Restrictions 

FMVSS 21816 Age Range Exemptions Fine Points Jail 

New York Universal Yes All Riding in a parade or 

other public exhibition 

Not more 

than $100 

Not 

specified 

Not more 

than 30 

days 

Yes None specified 

North 

Carolina Universal Yes All None 

$25.50 

plus court 

costs 

No None No None specified 

North Dakota Age-specific Included Under age 18 Riding in an enclosed cab 

or golf cart 

Not more 

than 

$1,000 

2 points None No None specified 

Ohio 

Age and 

experiencespecific 24 Yes Under age 18 None Not more 

than $150 No None Yes None specified 

Oklahoma Age-specific Yes Under age 18 None $5-$500 Not 

specified 

Not more 

than 10 

days 

Yes unless 

windshield 

No driver under 

age 16 shall 

transport any 

passenger 

Oregon Universal No All 

Riding in an enclosed cab 

or a vehicle with 3 wheels 

at a speed of < 15 mph 

or for religious 

beliefs/practices 

Not more 

than $250 

Not 

specified None No None specified 

Pennsylvania 

Age, 

experience 

and training 

specific 25 

No Under age 21 

An operator or occupant 

of a 3-wheeled 

motorcycle with an 

enclosed cab 

$25 Not 

specified None Yes None specified 

24No person, regardless of age, who holds a novice motorcycle operator’s license, shall operate or be a passenger on a motorcycle unless wearing an approved helmet. Additionally, any
 

passenger shall wear an approved helmet if the operator is under the age of 18 or holds a novice motorcycle operator’s license.

25Persons ≥ age 21 who have completed a motorcycle rider safety course and persons ≥ 21 who have been licensed to operate a motorcycle for at least 2 full calendar years are not required
 

to wear a helmet. Passengers of motorcycle operators exempt from the helmet requirement are also exempt.
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

xv 
 

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KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS 

(current as of 11/15/13) 

State 

Type of 

Helmet Use 

Law14 

Helmet Use Requirements Sanctions for Failure to Use 

A Helmet 1st Offense 15 Is Eye 

Protection 

Required? 

Passenger 

Meets Restrictions 

FMVSS 21816 Age Range Exemptions Fine Points Jail 

Puerto Rico Universal Included All None $50 Not 

specified None Yes unless 

windshield 

No driver may 

transport a person 

under the age of 12 

Rhode Island 

Age and 

experiencespecific 26 No Under age 21 None $85 Not 

specified None Yes None specified 

South 

Carolina Age-specific No Under age 21 None Not more 

than $100 

Not 

specified 

Not more 

than 30 

days 

Yes unless 

windscreen None specified 

South Dakota Age-specific Yes Under age 18 Riding in an enclosed cab Not more 

than $500 

Not 

specified 

Not more 

than 30 

days 

Yes unless 

windscreen None specified 

Tennessee Universal Yes All 

Riding in an enclosed cab 

or golf cart; age ≥ 18 

riding in a parade not 

faster than 30 mph; fully 

enclosed motorcycles 

with 3 wheels 

Not more 

than $50 

Not 

specified 

Not more 

than 30 

days 

Yes unless 

windshield None specified 

Texas 

Age, 

insurance, 

and trainingspecific 

Yes Under age 21 

Age ≥ 21 who have 

successfully completed a 

motorcycle safety course 

or are covered by health 

insurance that provides 

medical benefits 

for injuries. 

$10-$50 Not 

specified None No 

Passenger must be 

at least age 5 

unless riding in an 

attached sidecar 

Utah Age-specific Yes Under age 18 Riding in an enclosed cab Not more 

than $750 

Not 

specified 

Not more 

than 90 

days 

No None specified 

26 A person, regardless of age, who has not been licensed for more than 1 year, must wear a helmet. Any passenger, regardless of age, must wear a helmet. 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

xvi 
 

–

 

 

 

 

 

 

 

KEY PROVISIONS OF STATE MOTORCYCLE SAFETY LAWS 

(current as of 11/15/13) 

State 

Type of 

Helmet Use 

Law14 

Helmet Use Requirements Sanctions for Failure to Use 

A Helmet 1st Offense 15 Is Eye 

Protection 

Required? 

Passenger 

Meets Restrictions 

FMVSS 21816 Age Range Exemptions Fine Points Jail 

Vermont Universal Yes All None Not more 

than $100 2 points No 

Yes unless 

windshield/ 

windscreen 

None specified 

Virginia Universal Included All 

Riding a motorcycle with 

wheels 8” or less in 

diameter or 3 wheels with 

fixed roofs, windshields 

& enclosed bodies; riding 

in a parade ≤ 15 mph 

Not more 

than $250 

Not 

specified No Yes unless 

windshield None specified 

Washington Universal Yes All None 

$42 plus 

penalties 

$2 -$10 

Not 

specified No Yes unless windshield 

Passenger must be 

at least age 5 

West Virginia Universal Included All None Not more 

than $100 

Not 

specified 

Not more 

than 10 

days 

Yes unless 

windshield/ 

windscreen 

None specified 

Wisconsin 

Age or 

experiencespecific Yes Under age 18 None $10-$200 No None Yes None specified 

Wyoming Age-specific No Under age 18 

Riding in enclosed cabs or 

on mopeds; riding in 

a parade 

Not more 

than $200 

Not 

specified 

Not more 

than 20 

days 

No None specified 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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ALABAMA
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Exemptions: 

Sanctions: 

Effect on Civil 

Liability: 

ALABAMA 

Code of Alabama (Ala.) 

Each front-seat occupant of a passenger car 27 shall have a seat belt properly 

fastened about his/her body any time the vehicle is in motion. Ala. §32-5B-4. 

(1) Children who are required to be in a child passenger restraint system; (2) 

persons with a written statement from a physician that he/she is medically 

unable to wear a seat belt; (3) rural letter carriers while on official duty with the 

U.S. Postal Service; (4) a person (driver or passenger) who is delivering 

newspapers or mail; (5) passengers riding in vehicles with a model year prior to 

1965; and (6) passengers riding in motor vehicles which nor mally operate in 

reverse. Ala. §32-5B-4(b). 

Primary Enforcement: A violation of this requirement does not constitute 

probable cause to search a vehicle. Ala. §§32-5B-5; 32-5B-8(c). 

Misdemeanor: A fine of up to $25. Ala. §32-5B-5.Note: A violation of this 

requirement is not to be entered on the driving record of the vehicle operator. 

No court costs can be assessed for a violation of this requirement. Any fine 

given is allocated to the Department of Public Safety and the general fund. Ala. 

§§32-5B-7; 32-5B-8. 

Failure to wear a seat belt shall not be a considered as evidence of contributory 

negligence and shall not limit the liability of an insurer. Ala. §32-5B-7. 

Not covered under the seat belt law. 

Every person who is transporting a child younger than 6 in a motor vehicle that 

is registered in this State shall properly restrain such child in a child passenger 

restraint system that meets Federal standards, as follows: 

I. Until age 1 or 20 lbs. = rear-facing child restraint; 

II. Until age 5 or 40 lbs. = forward-facing child restraint; 

III. Booster seats until age 6; 

IV. Seat belt until 15 years of age (all seats). Ala. §32-5-222(b). 

N/A 

Misdemeanor: A fine of $25 for each offense may be imposed. Additionally, 

for a first offense, 1 point shall be assessed. Two points shall be assessed for a 

second or subsequent offense. Ala. §32-5-222(d), (g). 

I. In no event shall the failure to wear a child passenger restraint system be 

considered as contributory negligence. Ala. §32-5-222(a). 

II. There is no duty or standard of care, right or liability between a parent and a 

child, not already recognized under the laws of Alabama. Ala. §32-5-222(c). 

27Passenger car means a motor vehicle designed for carrying 10 or fewer passengers, and does not include a motorcycle or trailer. 

Ala. §32-5B-2. 

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ALABAMA
 

School Bus Safety 

Restraint Systems: 

Requirements: See note 28 

I. No school bus shall be operated on a public street, highway or elsewhere 

unless it shall be equipped with a seat belt for the driver, and, while transporting 

students on a public street or highway, the driver shall wear a seat belt when the 

bus is in motion. Ala. §16-27-6(a), (b). 

Sanctions: There is no misdemeanor sanction set out. However, the failure of a bus driver 

to comply with the seat belt requirement shall be prima facie evidence of 

nonfeasance of duty and shall subject the driver to possible dismissal. 

Additionally, said failure shall constitute a breach of contract on the part of the 

school bus contract operator. Ala. §16-27-6(b), (c). 

Motorcycle Protective 

Headgear: 

Requirements: No person shall operate or ride upon a motorcycle or motor-driven cycle unless 

he/she is wearing protective headgear that complies with State law. 

Ala. §§32-5A-245; 32-12-41. 

Sanctions: I. Misdemeanor: 

First offense - Imprisonment for not more than 10 days or a fine of not more 

than $100. 

Second offense (within one year after the date of the first offense) ­

Imprisonment for not more than 30 days and/or a fine of not more than $200. 

Third or subsequent offense (within one year after the date of the first offense) ­

Imprisonment for not more than 3 months and/or a fine of not more than $500. 

Ala. §32-5A-8(a), (b). 

II. Even though the law does not specifically authorize licensing action for this 

offense, an offender may be subject to such action. In general, for a traffic law 

violation, the courts are authorized to issue an order that forbids a person from 

operating a motor vehicle for either an established period of time or perpetually. 

Ala. §32-5-316. 

Exemptions: This requirement does not apply to persons who are riding in an enclosed cab. 

Ala. §32-5A-245(c). 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

28There is no requirement for school buses to be equipped with seat belts for student passengers. See, e.g., Dentson v. Eddins & 

Lee Bus Sales, Inc., 491 So.2d 942 (Ala. 1986) (holding that the requirement of seat belts for school bus drivers implies that the 

Alabama Legislature intended to exclude the seat belt requirement for student passengers). 

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ALABAMA
 

Requirements: A person under age 16 who operates or rides on a bicycle must wear a 

protective bicycle helmet. Ala. §32-5A-283(1). 

Sanctions: First offense - A police officer shall: (1) counsel and provide the offender with 

written information on bicycle helmet safety; and (2) instruct the offender to 

deliver the written information to a parent. 

Second offense - A police officer shall counsel and provide the offender with 

written information on bicycle helmet safety. In addition, a warning citation 

shall be issued to the offender who is to give such citation to his/her parent. 

The citation instructs the parent (or guardian) to contact the police for 

information about the bicycle helmet law and where to obtain a bicycle safety 

helmet. 

Third offense - A police officer shall counsel the offender, confiscate the 

bicycle, and take the offender to his/her residence. A warning citation shall be 

issued to either the parent or guardian. If such person is not available, the 

citation shall be left at the residence with instructions to pick up the bicycle at 

the police station. 

Fourth offense - The bicycle shall be confiscated and the offender taken to 

his/her residence. A parent or guardian is subject to a fine of $50. 

29 There are 

no court costs or fees for this offense. 

Ala. §32-5A-285. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

29The fine or penalty is waived or suspended if the operator or passenger presents proof of purchase of a bicycle safety helmet 

along with an intention of using such device. Ala. §32-5A-285(4). Note: Fines collected for this offense are only to be used to 

fund local school system safety education programs or the purchase of bicycle helmets for persons who are financially 

disadvantaged. Ala. §32-5A-285(5). 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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ALASKA
 

STATE	 ALASKA 

General Reference: Alaska Statutes (AS); Alaska Administrative Code (AAC) 

Seat Belts: 

Requirements: I. A person may not operate a motor vehicle unless he is restrained 

by a seat belt. AS §28.05.095(a)(2). 

II. A person age 16 or older may not occupy a motor vehicle while 

being driven on a highway unless restrained by a seat belt. 

AS §28.05.095(a)(1). 

Exemptions:	 (1) Passengers in school buses unless such buses are required by the 

U.S. Department of Transportation to have such belts for passengers; 

(2) emergency vehicles; (3) vehicle operators who are either 

delivering mail or newspapers; (4) a person or class of persons who 

have been exempted via regulations because of either physical or 

medical reasons; and (5) persons riding in motor vehicles that are not 

required to have seat belts. AS §§28.05.095(c); 28.05.096(a). 

Enforcement Type:	 Primary Enforcement: A law enforcement officer cannot stop or
 

detain a motor vehicle to determine compliance with the seat belt
 

requirement above unless the officer has probable cause30to stop or
 

detain the motor vehicle. AS §28.05.095(e).
 

Sanctions:	 Infraction: A fine of up to $15. 

31 AS §28.05.099(a). 

Effect on Civil No statutory provision. 

32
 

Liability:
 

15-Passenger Vans: May be covered under seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. A child less than 1 year old or a child 1 year old or older who 

weighs less than 20 lbs. = rear-facing child safety seat. 

II. A child 1 year or older but less than 5 who weighs 20 lbs., or 

more = child restraint device. 

III. A child over 4 years but less than 8 who is less than 57 inches in 

height and weighs 20 lbs., or more but less than 65 lbs., = booster 

seat. 

IV. A child over 4 years, exceeding 57 inches in height and 64 lbs., = 

seat belt. 

V. A child between the ages 8 and 15 who is less than 57 inches in 

height and less than 65 lbs., = child safety device as determined by 

the driver. AS §28.05.095(b). 

30See Russell v. Anchorage, 706 P.2d 687, 689 (Alaska App. 1985) (defining “probable cause” as a situation in which the facts
 

and circumstances are sufficient in themselves to warrant a prudent person to believe an offense has been committed or is being 

committed).

31The court may waive the fine if the offender donates $15 to the emergency medical services entity that provides services in the 

area where the violation occurred.AS §28.05.099(a). 32The failure to use a seat belt is a relevant factor for apportioning damages when looking at comparative negligence. However,
 

such evidence is not categorized as a “seat belt defense.” Hutchins v. Schwartz, 724 P.2d 1194, 1199 (Alaska 1986).
 

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ALASKA
 

Exemptions: See exemptions under Seat Belts, above. 

Sanctions: Infraction: A fine up to $50. 

33 AS §28.05.099(b). 

Licensing action: A person may be assessed demer it points against 

his/her driving record. 34 AS §28.05.099(b). 

Effect on Civil No statutory provision. 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: The requirement to use seat belts and child safety devices does not 

apply to passengers in a school bus unless the school bus is required 

to be equipped with seat belts by Federal law. AS §28.05.095(c). 

The decision whether to equip school buses with seat belts and/or 

child safety devices is left to the State’s Department of Education, 

which shall follow the requirements of the U.S. Department of 

Transportation. AS §14.09.030(b). 

Sanctions: See Sanctions for Failure to Require the Use of Child Restraint 

Systems. 

Motorcycle Protective 

Headgear: 

Requirements: Except as provided by statute, a person operating or riding upon a 

motorcycle or motor-driven cycle upon a public roadway must wear 

protective headgear. 13 AAC 04.350. The Alaska statute provides 

that a person 18 or older may not be required to wear a helmet while 

operating a motorcycle if the person is a holder of a license or 

endorsement to operate a motorcycle. AS §28.35.245. 

Protective headgear must comply with standards of the United States 

National Standard Institute, Federal Motor Vehicle Safety Standard 

No. 218, or must be approved by the Snell Memorial Foundation, 

Underwriter Laboratories, Factory Mutual, U.S. DOT, or a foreign 

compatible testing authority. 13 AAC 04.350(a). 

Sanctions for Infraction: A fine not to exceed $300. AS §28.90.010(c). 

Failure to Use: 

Exemptions: None 

33If the offender provides an officer proof of purchase or acquisition, and installation, of an approved child safety device or seat
 

belt within 30 days after the issuance of the citation, the court shall dismiss the citation and no points shall be assessed unless: (1)
 

the person has been convicted previously for violation; (2) the person has been cited for failure to provide a child safety device or
 

seat belt and has forfeited bail required by the citation; or (3) provided proof under the code section on a prior occasion. 

AS §28.05.099(b). 34The traffic violations demerit point system has been repealed. 13 AAC 08.210. However, a person convicted of
 

AS §28.05.099(b) may be assessed demerit points as determined by regulations of the Department of Public Safety. There is no 

point schedule, however, to determine the number of points that may be assessed.
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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ALASKA
 

Motorcycle Eye 

Protection Device: 

Requirements: A person operating a motorcycle must wear an eye-protection device 

that complies with nationally recognized standards. This requirement 

does not apply if the motorcycle is equipped with either a 

windscreen or a windshield. AS §28.05.011; 13 AAC 04.350(b). 

Sanctions: Infraction: A fine of not more than $300. AS §28.90.010(c). 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person may ride on an outside part of a vehicle traveling upon a 

highway unless that part is specifically designed to carry a passenger 

when the vehicle is in motion 13 AAC 02.495(e). 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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ARIZONA
 

STATE ARIZONA 

General Reference: 

Seat Belts: 

Requirements: 

Arizona Revised Statutes Annotated (ARS); Arizona Administrative 

Code (A.A.C.) 

I. A front seat occupant of a motor vehicle 35 is required to use either 

lap or lap and shoulder belt combination while the vehicle is in 

motion. ARS §28-909(A). 

II. A driver must insure that passengers younger than 16 comply with 

the above requirement. ARS §28-909(B). 

Exemptions: (1) Children who are subject to being restrained by a child safety seat; 

(2) persons who are unable for physical or psychological reasons to 

wear a shoulder or lap belt and possessing a written statement from a 

physician; and (3) letter carriers of the U.S. Postal Service while on 

official duties. ARS §28-909(F). 

Enforcement Type: Secondary Enforcement: A law enforcement officer shall not stop 

or issue a citation for a violation of this requirement unless the 

vehicle was stopped for some other motor vehicle law violation. 

ARS §28-909(C). 

Sanctions: Civil Penalty: A maximum fine of $1036 for each violation. 

Note: A violation of this requirement cannot be used as a basis for 

suspending or revoking an offender's driving privileges. 

ARS §28-909(D), (G). 

Effect on Civil 

Liability: 

No statutory provision. 

37 

15-Passenger Vans: Not covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: A person transporting a child, who is younger than 5, must restrain 

such child in a federally approved child passenger restraint system. 

ARS §28-907(A). 

An operator shall require each passenger at least 5 but under age 8 

and not more than 4 feet, 9 inches to be restrained in a child restraint 

system. ARS §28-907(B). 

35This requirement applies to persons operating or riding in motor vehicles that: (1) are designed to carry 10 or fewer persons; (2) 

were manufactured for the 1972 model year and after; and (3) must be equipped with seat belts under Federal law.
 

ARS §28-909(A). 36An offender is also subject to an assessment in the amount of 47% on the fine, penalty and forfeiture imposed and collected by 

the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or
 

forfeiture for a violation of a motor vehicle statute. Additional penalty assessments shall be levied in the amount of 7%, and 13%.
 

ARS §§12-116.01; 12-116.02. 37The Arizona Supreme Court held that failure to use a seat belt can be considered in whether to apportion damages in
 

automobile accident injury situations. Under certain circumstances, the award of damages can be reduced if the persons seeking
 

damages have failed to use seat belts. Law v. Superior Court, 755 P.2d 1135 (Ariz. 1988).
 

NHTSA Summary of Vehicle Occupant Protection Laws, 12th Edition 

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ARIZONA
 

Exemptions: (1) The operator is driving a vehicle that was not manufactured with 

passenger restraint systems; (2) the operator is driving a recreational 

vehicle defined in ARS §41-2142; (3) the operator is driving a 

commercial motor vehicle; (4) a person is transporting a child in an 

emergency in order to obtain medical care; and (5) due to the size of 

the passenger compartment of the vehicle, the operator cannot secure 

all of the children who must be restrained. However, the operator 

must restrain at least one such child and must restrain as many such 

children as is possible under the conditions. ARS §28-907(H). 

Sanctions: Civil Penalty: A fine of $50. 

38ARS §28-907(D). 

Effect on Civil 

Liability: 

The requirements of the child safety law or evidence of a violation are 

not admissible as evidence in a judicial proceeding except in a 

judicial proceeding for a violation of the child safety law. 

ARS §28-907(G). 

School Bus Safety 

Restraint Systems: 

Requirements: While there are no specific statutory provisions requiring school bus 

drivers and student passengers to wear safety devices, ARS §28-900 

provides for the adoption of rules by the Departments of 

Administration and Public Safety to improve the safety of school bus 

passengers. Additionally, all school buses shall have installed a seat 

belt for a school bus driver. A.A.C. R17-9-107(25). 

Motorcycle Protective 

Headgear: 

Requirements: An operator or passenger younger than 18 shall not operate a 

motorcycle unless that person wears a protective helmet. ARS §28­

964(A). 

Sanctions: Civil Penalty: Not more than $250. ARS §§28-121(B); 28-1521; 28­

1598. A person's failure to wear a protective helmet can be admitted 

into evidence to reduce the amount of damages such person will be 

awarded as a result of injuries sustained in a traffic accident. 

However, it must be shown that such failure contributed to the 

person's injuries. See Warfel v. Cheney, 758 P.2d 1326 (Ariz. App. 

1988). 

Exemptions: This requirement does not apply to operators or passengers riding on 

an electrically powered three-wheeled vehicle or within an enclosed 

cab of an electrically-powered three-wheeled vehicle. ARS §28­

964(A). 

38A civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently 

equipped with a child passenger restraint system that meets the standards adopted pursuant to ARS §28-907(D). “Sufficient 

showing” may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child passenger 

restraint system. The court imposing and collecting the civil penalty shall deposit the monies (exclusive of any assessments 

imposed by ARS §§12-116.01; 12-116.02), in the child passenger restraint fund. ARS §28-907(D). 

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ARIZONA
 

Motorcycle Eye 

Protection Device: 

Requirements 

Sanctions: 

A person operating a motorcycle shall wear an eye protection device 

(e.g., glasses, goggles, transparent face shield, etc.) unless the 

motorcycle is equipped with a protective windshield. 

ARS §28-964(A). 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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ARKANSAS
 

STATE	 ARKANSAS 

General Reference: Arkansas Code Annotated (A.C.A.) 

Seat Belts: 

Requirements: Every driver and front seat passenger in any motor vehicle 39 operated on a street 

or highway shall wear a properly adjusted and fastened seat belt. 40 

A.C.A. §27-37-702(a). 

41 

Exemptions:	 (1) Passenger automobiles manufactured prior to January 1, 1968, and all other 

vehicles manufactured prior to January 1, 1972; (2) passengers and drivers who 

have a physical condition that would make the use of a seat belt inappropriate, 

so long as that physical condition is certified by a physician who states the 

nature of the disability along with the reason the use of a seat belt is 

inappropriate; (3) children who are properly restrained in a child safety 

restraint; and (4) drivers who are rural letter carriers for the United States Postal 

Service, carrying out their official duties. A.C.A. §27-37-702(b). 

Enforcement Type:	 Primary Enforcement 

Sanctions:	 Violation: A fine of not more than $25. 

42 The State shall not include a seat belt 

violation in a traffic report. A.C.A. §§ 27-37-706(a); 27-37-707. 

Effect on Civil The failure to wear a seat belt cannot be admitted into evidence at a civil action 

Liability:	 except in limited product liability cases. A.C.A. §27-37-703. 

15-Passenger Vans: May be covered by seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: A driver who transports a child under 15 years old shall secure such child in a 

child passenger restraint system. 

A child younger than age 6 and less than 60 pounds in a passenger automobile, 

van, or pickup truck (other than one operated for hire) shall be restrained in a 

child passenger safety seat. 

A child at least 6 years old or who weighs at least 60 lbs., shall be restrained in 

a seat belt. A.C.A. §27-34-104(a), (b), (c). 

Exemptions:	 (1) The motor vehicle is being used as an ambulance or other emergency 

vehicle; (2) an emergency exists that threatens the life of either the driver or 

39For purposes of seat belt usage, a “motor vehicle” means any motor vehicle except a school bus, church bus, or other public 

conveyance which is required by Federal law or regulation to be equipped with a passenger restraint system. A.C.A. §27-37­

701(1).

40Any motor vehicle passenger who is riding with a person holding an instruction permit must be secured in a seat belt. A.C.A. 

§27-16-802(a)(4). A person who violates this provision is subject to the following general misdemeanor sanctions for violating 

the motor vehicle laws: a fine of not more than $500, and/or jail for not more than 90 days. A.C.A. §27-16-301. 41This includes each driver or passenger who is seated in a wheelchair who must : (1) wear a properly adjusted and fastened seat 

belt properly secured to the wheelchair; and (2) have the wheelchair properly secured in the motor vehicle. A.C.A. §27-37­

702(c).

42No court or other costs can be assessed. A.C.A. §27-37-706(b). Note: A fine for a moving violation is reduced by $10 if the 

offender was in compliance with the seat belt use law when stopped by a law enforcement officer. A.C.A. §27-37-705. 

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ARKANSAS 

child; or (3) because of medical reasons, the child is unable to be restrained. 

A.C.A. §27-34-105. 

Sanctions: Violation: Fine of not less than $25 or more than $100. A.C.A. §27-34-103(a). 

Effect on Civil The failure to provide or use a child passenger safety seat shall not be 

Liability: considered, under any circumstances, as evidence of comparative or 

contributory negligence, nor shall the failure to provide or use a child safety seat 

be considered, under any circumstances, as evidence for any prosecution for 

negligent homicide. A.C.A. §27-34-106. 

School Bus Safety 

Restraint Systems: 

Requirements: The driver or operator of a school bus shall wear a seat belt at all times while 

operating the school bus whenever the bus is so equipped. A.C.A. §6-19-109. 

There are no specific statutory provisions for the use of seat belts for student 

passengers, but “motor vehicle” as defined in the seat belt statute excludes 

school buses. A.C.A. §27-37-702. 

Sanctions: There are no specific sanctions for the failure of a school bus driver to wear a 

seat belt. However, it would seem logical that such driver would be subject to 

the same sanctions set out in the seat belt provisions above. 

Motorcycle Protective 

Headgear: 

Requirements: All motorcycle passengers and riders younger than 21 shall wear protective 

headgear. A.C.A. §27-20-104(b)(1). 

Sanctions: Misdemeanor: Imprisonment for not more than 30 days and/or a fine of not 

less than $10 or more than $50. A.C.A. §27-20-102. 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: All motorcycle passengers and riders (regardless of age) shall wear protective 

glasses, goggles or transparent face shields. A.C.A. §27-20-104(b)(2). 

Sanctions for Misdemeanor: Imprisonment for not more than 30 days and/or a fine of not 

Failure to Use: less than $10 or more than $50. A.C.A. §27-20-102. 

Passenger Age It is unlawful for a driver of a motorcycle to allow a child to ride as a passenger 

Restrictions: on a motorcycle on a street or highway unless the child is at least 8 years old. 

However, this shall not apply to the driver of a motorcycle who is a participant 

in a parade. A.C.A. §27-20-118. 

Bicycle Protective 

Headgear: 

Requirements: None 

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ARKANSAS
 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person shall ride upon any portion of a vehicle that is not designed or 

intended for the use of passengers. A.C.A. §27-35-104(a). 

Sanctions: Misdemeanor: 

First offense - Imprisonment for not more than 10 days or a fine of not more 

than $100. 

Second offense (within 1 year) - Imprisonment for not more than 20 days 

and/or a fine of not more than $200. 

Third or subsequent offense (within 1 year of first conviction) - Imprisonment 

for not more than 6 months and/or a fine of not more than $500. 

A.C.A. §§27-35-101; 27-50-304(b). 

Exemptions: This requirement does not apply to employees engaged in the discharge of 

official duties or persons riding within bodies of trucks in a space intended for 

merchandise. A.C.A. §27-35-104(b). 

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CALIFORNIA
 

STATE	 CALIFORNIA 

General Reference:	 West's Annotated California Codes (Cal.Vehicle Code; Cal.Educ. Code); 

California Code of Regulations (CCR) 

Seat Belts: 

Requirements: I. A person shall not operate a motor vehicle 43 unless such person and all 

passengers 16 and over are properly restrained by a seat belt. 

Cal.Vehicle Code §27315(d)(1). 44 

II. A person age 16 and over shall not be a passenger in a motor vehicle on a 

highway unless that person is properly restrained by a seat belt. Cal.Vehicle 

Code §27315(e). 

Exemptions:	 (1) Passengers older than 16 who are using a “sleeper berth”; (2) an operator or 

passenger possessing certification by a doctor or chiropractor stating the nature 

of the physically disabling or medical condition and the reason the restraint is 

inappropriate; (3) a public employee, when in an authorized emergency vehicle, 

or to a passenger in a seat behind the front seat of an authorized emergency 

vehicle operated by the public employee, unless required by the employing 

agency; (4) a person engaged in delivery of newspapers to customers at the time 

and along the person’s route; (5) a person engaged in collection and delivery 

activities as a rural delivery carrier for the United States Postal Service; (6) a 

driver engaged in the collection of solid waste or recyclable materials along that 

driver’s collection route. Cal.Vehicle Code §27315(e),(g),(m),(n),(o). 

Enforcement Type:	 Primary Enforcement: There is no statutory provision. 45 

Sanctions:	 Infraction: 

First offense - A fine of not more than $20; 

Subsequent offense - A fine of not more than $50. Cal.Vehicle Code §27315(h). 

In lieu of the above fine, a first offender may be ordered to attend traffic school
 

in which the proper use of seat belts is demonstrated.
 

Cal.Vehicle Code §27315(h).
 

Note: No points are assigned for a violation of these requirements. 

Cal.Vehicle Code §12810.2. 

Effect on Civil A violation does not establish negligence as a matter of law or negligence per se 

Liability: for comparative fault purposes, but negligence may be proven as a fact without 

regard to the violation. Cal.Vehicle Code §27315(i). 

15-Passenger Vans:	 Not covered under the seat belt law. 

Child Safety Restraint 

43“Motor vehicle” means any passenger vehicle, motor truck, truck tractor or farm labor vehicle. However, the term does not
 

include a motorcycle. Cal.Vehicle Code §27315(c). 44Cal.Vehicle Code §27315(d)(1) does not apply to the operator of a taxicab when it is driven on a city street and is engaged in 

the transportation of a fare-paying passenger. 45See Hupp v. City of Walnut Creek, 389 F.Supp.2d 1229 (N.D. Cal. 2005)(holding that an officer may lawfully stop a vehicle for
 

a violation of the seat belt law).
 

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CALIFORNIA
 

Systems: 

Requirements: I. No child under age 8 shall be transported in a motor vehicle unless such child 

is properly restrained in a rear seat in a federally approved child restraint 

system. Note: When the parent or guardian is present in the vehicle and is not 

the driver, the driver is relieved of this obligation. 

Cal.Vehicle Code §27360(a), (b). 

II. No child who is age 8 or older, but less than 16, shall be transported unless 

such child is properly secured in a child passenger restraint system or seat belt. 

Cal.Vehicle Code §27360.5. 

III. The operator of a limousine for hire or the operator of an authorized 

emergency vehicle shall not operate such vehicle unless the operator and front 

seat passengers who are 8 years or older are restrained by seat belts. 

Cal.Vehicle Code §27315(d)(3). 

IV. No person shall operate a taxicab unless front-seat passengers who are 8 

years or older are restrained by seat belts. Cal.Vehicle Code §27315(d)(4). 

Exemptions: N/A 

Sanctions: Infraction: 

First offense - A fine of $100;

46 

Second or subsequent offense - A fine of $250. Cal.Vehicle Code §27360.6. 

A conviction shall result in the assessment of 1 point. Cal.Vehicle Code 

§12810(h). 

Effect on Civil No provisions
 

Liability:
 

School Bus Safety See note. 

47 

Restraint Systems: 

Requirements:	 I. All school buses manufactured on or after July 1, 2005 (buses with more than 

16 passengers) or manufactured on or after July 1, 2004 (buses with 16 or fewer 

passengers) and purchased or leased for use in the State shall be equipped with 

federally approved seat belts, consisting of a combination pelvic and upper torso 

passenger restraint system, for all seating positions. Cal.Vehicle Code §§27316; 

27316.5; Cal.Educ. Code §38047.5. 

II. All passengers in a school bus or school pupil activity bus equipped with 

passenger restraint systems shall use the passenger restraint system when the 

bus is in motion. Cal.Educ. Code §§38047.5; 38047.6; 5 CCR §14105. 

Sanctions:	 The sanctions for failure to use or require the use would likely be those 

46A court may waive or reduce the fine if the defendant establishes that he/she is economically disadvantaged, and the court, 

instead, refers the defendant to a community education program, located within 50 miles of the defendant’s residence, that 

includes education on the proper installation and use of a child passenger restraint system for children of all ages, or 

demonstration of proper installation and use of a child passenger restraint system, and certification of completion of the program 

to the court. The defendant must provide proof of participation. The court shall report the conviction to the Department of Motor 

Vehicles if the fine is paid, reduced or waived. Cal.Vehicle Code §27360.6(b). 47Exemption: A passenger with a physically disabling condition or medical condition that would prevent the appropriate use of a 

passenger restraint is exempt from this requirement so long as the condition is certified by a licensed physician or licensed 

chiropractor stating the nature of the condition and reason restraint is inappropriate. 5 CCR §14105(e). 

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Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

Passenger Age 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: 

Sanctions for
 

Failure to Use:
 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: 

CALIFORNIA 

described above. However, no person, district or organization may be charged
 

with a violation of failing to require the use of a passenger restraint system, if a
 

passenger on a school pupil activity bus 48fails to use or improperly uses the 

passenger restraint system. Cal.Vehicle Code §27316.5.
 

When riding on a motorcycle, a driver or passenger must wear a safety helmet
 

meeting national standards. Cal.Vehicle Code §27803.
 

The California Highway Patrol may adopt reasonable regulations establishing
 

specifications and standards for safety helmets. The regulations shall include,
 

but are not limited to, the requirements imposed by Federal Motor Vehicle
 

Safety Standard No. 218. Cal.Vehicle Code §27802.
 

Infraction: 

First offense - A fine of not more than $100; 

Second offense (within 1 year) - A fine of not more than $200; 

Third and subsequent offense (within 1 year) - A fine of not more than $250.
 

Cal.Vehicle Code §42001(a). No points are assigned for a violation of this
 

requirement.
 

None 

None 

None 

A person under age 18 shall not operate or ride on a bicycle unless wearing a
 

helmet that complies with national standards. Cal.Vehicle Code §21212(a).
 

Infraction: 

First offense - There is no fine; 

Subsequent offense - A fine of not more than $25.
 

Cal.Vehicle Code §21212(d), (e).
 

I. No person shall ride on a vehicle or upon any part of a vehicle that is not 

designed or intended for passenger use, and no vehicle operator shall knowingly 

permit a person to ride upon any part of a vehicle that is not designed or 

48A “school pupil activity bus” is defined as any motor vehicle, other than a school bus, operated under a contractual agreement 

between a school and a carrier to transport school pupils at or below the 12th grade level to or from a public or private school 

activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway 

locations where a parent or adult is present to accept the pupil or place the pupil on the bus. Cal.Educ. Code §39830.1. 

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CALIFORNIA
 

intended for passenger use. Cal.Vehicle Code §21712(a), (b). 

II. No person shall ride in the trunk of a motor vehicle, and no vehicle operator 

shall knowingly permit a person to ride in the trunk of that motor vehicle. 

Cal.Vehicle Code §21712(c), (d). 

III. No person driving a pickup truck or flatbed motor truck shall transport a 

person in or on the back thereof unless the passenger is restrained by a federally 

approved restraint system. Cal.Vehicle Code §23116(a), (c). 

IV. No person shall ride in or on the back of a pickup truck or flatbed motor 

truck on a highway unless they are restrained by a feder ally approved restraint 

system. Cal.Vehicle Code §23116(a),(b),(c). 

Sanctions:	 Infraction: For I, III & IV: 

First offense - A fine of not more than $100; 

Second offense (within 1 year) – A fine of not more than $200; 

Third or subsequent offense (within 1 year) – A fine of not more than $250. 

Cal.Vehicle Code § 42001(a). 

For II:
 

First offense - A fine of $100; 

Second offense (within 1 year) - A fine of $200; 

Third or subsequent offense (within 1 year) - A fine of $250.
 

Cal.Vehicle Code § 21712(e).
 

Exemptions:	 I. The prohibitions contained in Cal.Vehicle Code §21712(a), (b) do not apply 

in situations where a passenger is either an employee discharging duties or 

riding completely within or upon vehicle body. Cal.Vehicle Code §21712(f). 

II. The prohibitions contained in Cal.Vehicle Code §23116(a), (b) do not apply 

if a person is being transported in the back of the vehicle that is: (1) owned by a 

rancher/farmer within the boundaries of lands owned by the rancher/farmer or 

on a highway for not more than 1 mile between parts of the ranch/farm; (2) a 

result of an emergency situation and at the direction of a public agency; and (3) 

part of an authorized parade at a speed of no greater than 8 mph. 

Cal.Vehicle Code §23116(d),(e),(f). 

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COLORADO
 

STATE	 COLORADO 

General Reference: Colorado Revised Statutes (C.R.S.A.) 

Seat Belts: 

Requirements: See note. 

49 A driver and front seat passengers of a motor vehicle50 shall wear a 

seat belt while the vehicle is being operated. C.R.S.A. §42-4-237(2). 

Exemptions:	 (1) A child who must be restrained by a child restraint system; (2) a member of 

an ambulance team, except the driver, when involved in patient care; (3) certain 

law enforcement officers when performing official duties; (4) persons with 

physically or psychologically disabling conditions which prevent appropriate 

restraint by a safety system (such persons must possess a written statement by a 

physician certifying the condition and the reason such restraint is inappropriate); 

(5) persons riding in motor vehicles that do not have seat belts because such 

vehicles are exempt from having such equipment; (6) rural letter carriers of the 

U.S. Postal Service while performing official duties; and (7) persons who are 

actually performing delivery or pickup services. C.R.S.A. §42-4-237(3). 

Enforcement Type:	 Secondary Enforcement: A law enforcement officer cannot cite a driver for a 

violation of section I above, unless the driver was stopped for some other traffic 

law violation. C.R.S.A. §42-4-237(5). 

Sanctions:	 Class B Traffic Infraction: A fine of $65 and a surcharge of $6 shall be 

imposed. 51C.R.S.A. §§42-4-237(4); 42-4-1701(4)(a)(I)(D). 

Effect on Civil Evidence of a failure to wear a seat belt in violation of I above shall be 

Liability: admissible to mitigate damages. However, such mitigation is limited only to 

awards for pain and suffering. C.R.S.A. §42-4-237(7). 

15-Passenger Vans: May be covered under the seat belt law. C.R.S.A. §42-4-237(1)(a). 

Child Safety Restraint 

Systems: 

Requirements: I. Every child under age 8 shall be properly restrained in a child restraint system. 

II. A child less than age 1 who weighs less than 20 lbs. = rear-facing child 

restraint system in the rear seat. 

49Vehicles Driven by Persons Under Age 18: I. Under separate statutory provisions, occupants of a vehicle driven by a person 

younger than 18 shall wear a seat belt under C.R.S.A. §42-4-237 or be secured in a child restraint system under C.R.S.A. §42-4­

236. C.R.S.A. §42-2-105.5(3). A violation of this requirement constitutes a Class A traffic infraction, for which the offender 

shall be punished in the following manner: (1) by the imposition of not less than 8 hours nor more than 24 hours of community 

service for the first offense, and not less than 16 hours nor more than 40 hours for any subsequent offense; (2) a fine of $65 for 

the first offense , $130 for the second offense, and $195 for any subsequent offense ; (3) 2 points will be assessed against the 

offender’s driving record. C.R.S.A. §§42-2-105.5(5)(b); 42-2-127(5)(hh). II. In vehicles driven by persons under the age of 18, 

only one passenger may occupy the front seat and the number of rear-seat passengers cannot exceed the number of available seat 

belts. C.R.S.A. §42-2-105.5(4) A violation of this requirement subjects the offender to a fine of $65 and a surcharge of $10. 

C.R.S.A. §42-4-1701(4(a)(I)(A) 2 points shall be assessed against the offender’s driving record as well. C.R.S.A. §42-2­

127(5)(ii).

50The term “motor vehicle” means a passenger car, a station wagon, a van, a taxicab, an ambulance, a motor home or a pickup 

truck. However, the term does not include motorcycles, low-power scooters, passenger buses, school buses, farm tractors or 

implements of husbandry exclusively for use in agricultural operations. C.R.S.A. §42-4-237(1)(a). 51In addition to any penalty or condition, the court may require the offender, at his own expense, to attend and satisfactorily 

complete a court-approved course of instruction at any designated driver improvement school located and operating in the county 

of the offender’s residence. C.R.S.A. §42-4-1717. 

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COLORADO
 

Exemptions: 

Sanctions: 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Sanctions: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

III. A child age 1 or older but less than 4, and who weighs at least 20 lbs., but 

less than 40 lbs. = rear-facing or forward-facing child restraint system. 

IV. A child who is at least 8 but less than 16 years old = seat belt or child 

restraint system. C.R.S.A. §42-4-236(2)(a), (b). 

(1) A child who is less than 8 years old and is being transported as a result of a 

medical or other life-threatening emergency and a child restraint system is not 

available; (2) a child who is being transported in a commercial vehicle that is 

operated by a child care center; or (3) a child who is being transported in a 

motor vehicle that is operated in the business of transporting persons for 

compensation or hire by or on behalf of a motor vehicle carrier, a contract 

carrier by motor vehicle, or an operator of a luxury limousine service. 

C.R.S.A. §42-4-236(3). 

Class B Traffic Infraction: A fine of $65 and a surcharge of $6. 

C.R.S.A. §§42-4-236(7); 42-4-1701(4)(a)(I)(D). 

A violation of this statutory provision shall not constitute negligence per se or 

contributory negligence per se. C.R.S.A. §42-4-236(6). 

School buses are excluded from the definition of “motor vehicle” within the seat 

belt requirement. However, any driver of a vehicle operated by a childcare 

center transporting a child under age 8 shall place such child in a child restraint 

system. C.R.S.A. §§42-4-237(1)(a); 42-4-236(2)(a). 

See Sanction for the Failure to Require the Use of Child Restraint Systems. 

Any person under age 18 may not operate a motorcycle or ride as a passenger 

unless each person under age 18 is wearing a protective helmet with a chin strap 

meeting or exceeding standards for Federal Motor Vehicle Safety Standard No. 

218. C.R.S.A. §42-4-1502(4.5). 

Class A Traffic Infraction: A fine of $100 and a surcharge of $15. 

C.R.S.A. §§42-4-1502(5); 42-4-1701(4)(a)(I)(O). 

None 

A person shall not operate or ride on a motorcycle or motor-driven cycle unless 

that person is wearing goggles or eyeglasses with lenses made of safety glass or 

plastic per standards promulgated by the State, or a helmet containing eye 

protection made of safety glass or plastic. C.R.S.A. §42-4-232(1). 

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COLORADO
 

Sanctions: Class A Traffic Infraction: A fine of $15 and a surcharge of $6. C.R.S.A. 

§§42-4-232(4); 42-4-1701(4)(a)(I)(D). No points are assessed for a violation of 

this requirement. 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: None. However, the Department of Transportation in collaboration with the 

Departments of Education and Public Safety shall make available a curriculum 

for students under age 18 that shall focus on proper use of bicycle helmets, 

among other safety issues. C.R.S.A. §42-4-2301. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: I. A person is prohibited from riding on the outside, top, hood or fenders or any 

other portion of a vehicle except that they may ride, while in a sitting position, 

in the cargo area of a vehicle if the area is fully or partially enclosed on all four 

(4) sides. C.R.S.A. §42-4-201(6). 

II. A driver shall not knowingly permit a person to ride on the top, hood, 

fenders, or any other portion of a vehicle except that a passenger may ride, 

while in a sitting position, in the cargo area of a vehicle if the area is fully or 

partially enclosed on all four (4) sides. C.R.S.A. §42-4-201(6). 

Sanctions: Class A Traffic Infraction: A fine of $35 and a surcharge of $10. 

C.R.S.A. §§42-4-201(8); 42-4-1701(4)(a)(I)(D). No points are assessed for a 

violation of these requirements. 

Exemptions: The above prohibitions do not apply to officially authorized parades, caravans, 

or exhibitions or to vehicles owned by the U.S. Government, the State of 

Colorado and its political subdivisions, Federal or State government contractors, 

or public utilities, and said vehicles are equipped with adequate handrails and 

safeguards. C.R.S.A. §42-4-201(7). 

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CONNECTICUT
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Exemptions: 

Sanctions: 

CONNECTICUT 

Connecticut General Statutes Annotated (C.G.S.A.) 

I. The operator and front seat passengers in any motor vehicle or firefighting 

apparatus originally equipped with seat belts shall wear seat belts while the 

vehicle is in being operated on any highway. C.G.S.A. §14-100a(c)(1). 

II. An operator under 18 years, and each of his passengers, shall wear a seat belt 

while the vehicle is operated on any highway. C.G.S.A. §14-100a(c)(1)(C). 

(1) Persons who, at all times while operating a motor vehicle, possess a written 

statement from a doctor explaining an inability to wear a seat belt and the nature 

and extent of such condition; (2) an authorized emergency vehicle, other than 

firefighting apparatus, responding to an emergency call; (3) a motor vehicle 

operated by a rural letter carrier of the United States Postal Service while 

performing his or her official duties; or (4) a person engaged in the delivery of 

newspapers. C.G.S.A. §14-100a(c)(2). 

Primary Enforcement: However, the failure to wear a seat belt as required by 

law shall not constitute probable cause for a law enforcement officer to conduct 

a search of a vehicle and its contents. C.G.S.A. §54-33m. 

Infraction: Fine of $50 for an operator who is age 18 or older and any 

passenger. Fine of $75 for an operator who is under age 18 and any passenger. 

Note: No points can be assessed against a driver's record for violating this 

requirement. C.G.S.A. §14-100a(c)(4). 

Failure to wear a seat belt shall not be considered as contributory negligence nor 

shall such failure be admissible evidence in any civil action. 

C.G.S.A. §14-100a(c)(3). 

May be covered under the seat belt law. C.G.S.A. §14-1(53). 

I. A person who transports a child age 6 or younger or weighing less than 60 

lbs., in a motor vehicle, 52 shall provide and require that such child be secured in 

an approved child restraint system. 

II. A child younger than 1 or weighing less than 20 lbs. = rear-facing child seat. 

III. A child age 7 or older and weighing 60 lbs. or more = child restraint system 

or use a seat belt. C.G.S.A. §14-100a(d). 

N/A
 

First offense (Infraction) - A fine of not less than $35 nor more than $90;

53
 

Second offense - A fine of not more than $199; 

Third or subsequent offense (Class A Misdemeanor) - Imprisonment for not
 

more than 1 year and/or a fine of not more than $2,000.
 

C.G.S.A. §§14-100a(d); 53a-24; 53a-36; 53a-42. 

52A “motor vehicle” does not include a bus having tonnage rating of 1 ton or more. CT ST § 14-100a(d). 

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CONNECTICUT 

A first or second offender shall be required to attend a course on child car seat 

safety. Failure to attend or successfully complete the course may result in a 

suspended license for a period of not mor e than two months. 

C.G.S.A. §14-100a(d)(5). 

Note: Not less than 2 points may be assessed for a violation of this requirement. 

C.G.S.A. §14-137a(a). 

Effect on Civil Failure to use a child safety restraint system shall not be considered as 

Liability: contributory negligence nor shall such failure be admissible evidence in any 

civil action. C.G.S.A. §14-100a(d). 

School Bus Safety 

Restraint Systems: 

Requirements: I. A child age 4 or older must be in an approved child restraint system or a seat 

belt when riding in a student transportation vehicle. 

II. A child under age 4 weighing less than 40 lbs. must be in a child restraint 

system approved pursuant to regulations adopted by the Department of Motor 

Vehicles in accordance with provisions of chapter 54 (Uniform Administrative 

Procedure Act). C.G.S.A. §14-100a(d)(3). 

Sanctions: Infraction: See Sanctions for Failure to Require the Use of Child Restraint 

Systems. 

Motorcycle Protective See note. 

54 

Headgear: 

Requirements: No person under age 18 may operate or ride on a motorcycle unless he/she is 

wearing State-approved protective headgear, which confor ms with to the 

minimum specifications listed in Federal Motor Vehicle Safety Standard No. 

218. C.G.S.A. §14-289g(a), (b). 

Sanctions for Infraction: A fine of not less than $90. C.G.S.A. §14-289g(c). Note: No points 

Failure to Use: are assessed for a violation of this requirement. 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: A person who operates a motorcycle must wear goggles, glasses, or a face 

shield as approved by the State, unless the motorcycle has a windscreen or 

windshield. C.G.S.A. §14-289d(b). 

Sanctions for Infraction: A fine of not more than $50. C.G.S.A. §§ 14-289d(b); 14-296. No 

Failure to Use: points are assessed for a violation of this requirement. 

53The law provides that the Judges of the Superior Court shall establish a fine schedule for infractions. The fines established
 

cannot be less than $35 or more than $90. C.G.S.A. §51-164m(a), (c).
 54The failure to wear a helmet has been held to be a legally insufficient defense as to negligence or a failure to mitigate damages.
 

See Ruth v. Poggie, 1993 WL 498997 (Conn.Super.) (Nov. 23, 1993) (unpublished).
 

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CONNECTICUT
 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: A child age 15 or younger shall not ride a bicycle on a highway unless that child 

is wearing appropriate protective headgear. 55 C.G.S.A. §14-286d(b). 

Sanctions: There are no sanctions for a violation of this requirement. However, a law 

enforcement officer may issue a verbal warning to the parent or guardian of a 

child that has violated this requirement. C.G.S.A. §14-286d(c). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person shall operate and carry a passenger younger than 16 on or in an open 

bed of a truck-type vehicle56 or other vehicle. However, such passengers are 

allowed to ride in such open spaces provided they are properly restrained in a 

seat belt. C.G.S.A. §14-272a(a). 

Sanctions: Infraction: A fine of not more than $50. C.G.S.A. §§14-272a(b);14-296. No 

points are assessed for a violation of this requirement. 

Exemptions: This prohibition does not apply to: (1) a vehicle used in an authorized parade; 

(2) a vehicle when such is used for farming purposes; and (3) a vehicle used for 

a recreational hayride between the months of August and December. 

C.G.S.A. §14-272a(a). 

55Failure to wear protective headgear as required by law shall not be considered to be contributory negligence on the part of a
 

parent or child nor shall such failure be admissible in any civil action. C.G.S.A. §14-286d(b). 56A truck-type vehicle is one with a gross vehicle weight rating not exceeding 7,500 lbs. C.G.S.A. §14-272a(a).
 

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DELAWARE
 

STATE	 DELAWARE 

General Reference: Delaware Code Annotated (Del.C.) 

Seat Belts: 

Requirements:	 I. When a motor vehicle (except motorcycles, tractors, electric personal 

assistive mobility devices or off-highway vehicles) is in operation, the driver 

and each occupant of the passenger compartment who is 16 years or older shall 

wear and shall secure his or her seat belt. 21 Del.C. §4802(a)(1); (a)(2);(b). 

Exemptions:	 (1) Persons who for medical or physical reasons are unable to wear a seat belt 

and possess written verification from a licensed physician or physical therapist; 

(2) persons riding in motor vehicles that do not have to be equipped with seat 

belts; and (3) letter carriers of the U.S. Postal Service when performing official 

duties. 21 Del.C. §4802(c). 

Enforcement Type:	 Primary Enforcement: A police officer is authorized to make an 

administrative stop upon reasonable and articulable suspicion that a seat belt 

violation has occurred. 21 Del.C. §4802(j). 

Sanctions:	 Where there is no other violation in addition to a violation of this requirement, a 

civil penalty of $25 shall be imposed. Additionally, a penalty assessment of 

40% of the fine or fines imposed for other traffic laws committed at the time of 

the seat belt law violation shall be imposed. However, no assessment shall 

exceed $20 of every fine, penalty or forfeiture imposed or collected. 

21 Del.C. §4802(g)(2)a, c. 

No points may be assessed against a person nor may an entry be made on such 

person's driving record because of a violation of the seat belt use requirement. 

21 Del.C. §4802(h). 

Effect on Civil I. Failure to wear a seat belt shall not be considered as evidence of either 

Liability:	 comparative or contributory negligence in any civil suit or insurance claim 

adjudication. In addition, such a failure is not admissible as evidence in the trial 

of any civil action or insurance claim adjudication. 21 Del.C. §4802(i). 

15-Passenger Vans: Covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements:	 I. A person who is transporting a child through age 7, up to and including the 

weight of 65 lbs. shall properly secure such child in a federally approved child 

safety seat or booster seat. 

II. A child age 8-15 or greater than 65 lbs. = seat belt. 

III. No child 65 inches in height or less and under age 12 shall occupy the front 

passenger seat. 57 21 Del.C. §4803(a), (b). 

57Exception: 21 Del.C. §4803(b)(1) does not apply to: (1) vehicles equipped with a passenger-side air bag specifically designed 

or modified by the vehicle’s manufacturer for use by children and small adults; or (2) vehicles with no rear passenger seat, or if 

all rear passenger seats are occupied by other children 65 inches in height or less and younger than 12. A violation of this 

requirement shall be considered a secondary offense, and no motor vehicle shall be stopped by a police officer solely for failure 

to comply with this requirement. 

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DELAWARE
 

Sanctions: A fine of $25. 21 Del.C. §4803(c). 

Exemptions: The requirement to use a child passenger restraint system does not apply if the 

child is being transported in a motor bus, limousine, or taxicab. 

21 Del.C. §4803(a). 

Effect on Civil 

Liability: 

A violation of these requirements shall not be considered as evidence of either 

comparative or contributory negligence in any civil suit or of criminal 

negligence or recklessness in any criminal action, where a child under the age of 

16 is injured. Evidence of such failure cannot be admitted into evidence at a 

civil trial. 21 Del.C. §4803(d). 

School Bus Safety 

Restraint Systems: 

Requirements: Requirements: “School bus” is defined as a commercial motor vehicle. Based 

on the seat belt and child safety seat requirements above, it is likely that if a 

school bus is equipped with a seat belt and passenger restraints, they must be 

used. 21 Del.C. §101(61). 

Motorcycle Protective 

Headgear: 

Requirements: A person younger than 19 shall wear a safety helmet that has been approved by 

the State when operating or riding a motorcycle. Motorcycle operators or 

passengers age 19 or older are required to have a safety helmet in their 

possession but are not required to use it. 21 Del.C. §4185(b). 

Sanctions: First offense – A fine of not less than $25 nor more than $75; 

Subsequent offense (within 12 months of the first offense) – A fine of not less 

than $57.50 or more than $95. 21 Del.C. §4205(a). 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: Every person operating or riding on a motorcycle shall wear eye protection. 

21 Del.C. §4185(b). 

Sanctions: First offense – A fine of not less than $25 nor more than $75; 

Subsequent offense (within 12 months of the first offense) – A fine of not less 

than $57.50 or more than $95. 21 Del.C. §4205(a). 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: See note. 

58 

58Failure to wear a bicycle helmet shall not be considered evidence of either comparative or contributory negligence in any civil 

suit arising out of any accident in which a person under the age of 18 is injured, nor shall such failure be admissible as evidence 

in the trial of any civil action. 21 Del.C. §4198K(e). 

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DELAWARE 

A person under age 18 shall not operate or ride as a passenger a bicycle unless 

that person is wearing a bicycle helmet. 21 Del.C. §4198K(a). 

Sanctions: A parent or guardian who fails to cause his child to wear a protective helmet 

shall be fined $25 for the first offense, and $50 for each subsequent offense. It 

is, however, an affirmative defense to a violation of this requirement that the 

violator is a member of a recognized church or religious denomination and 

whose religious convictions are against the wearing of a helmet. 

21 Del.C. §4198K(b), (f). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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DISTRICT OF COLUMBIA
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Exemptions: 

DISTRICT OF COLUMBIA 

D.C. Code (D.C.Code); West’s District of Columbia Municipal Regulations 

(DCMR) 

The driver and all passengers in a motor vehicle shall wear seat belts.
 

D.C.Code §50-1802(a).
 

Except for vehicles for hire, a driver is responsible for insuring that passengers 

comply with this requirement. D.C.Code §50-1806(f).
 

(1) Riders in a motor vehicle manufactured before July 1, 1966; (2) riders who 

possess a written verification from a licensed physician that the rider is unable 

to wear a seat belt for medical reasons; (3) riders who are passengers in a 

vehicle if all seating positions with seat belts in the vehicle are occupied by 

other persons, so long as those riders age 16 and under have preference to 

seating positions with seat belts over those persons older than 16; and (4) 

taxicab operators who possess valid taxicab licenses while picking up or 

transporting passengers for hir e between the hours of 6:00 p.m. and 6:00 a.m. 

D.C.Code §50-1802(b). 

Primary Enforcement: There is no statutory provision. 59 

Civil Infraction: A fine of $50. The mayor is authorized to increase the amount
 

of this penalty. D.C.Code §50-1806(b). Two points shall be assigned for a single
 

violation, and 3 points for simultaneous multiple violations.
 

D.C.Code §50-1806(d),(e).
 

A violation of this requirement shall not constitute evidence of negligence or
 

contributory negligence, or a basis for a civil action for damages. A violation
 

shall not be used as the basis for mitigating damages arising from a civil 

liability. D.C.Code §50-1807.
 

Not covered under the seat belt law. D.C.Code §50-1801.
 

I. A motor vehicle operator shall not transport a child younger than 3 unless 

such child has been secured in a child restraint seat which conforms to Federal 

standards. 

II. A motor vehicle operator shall not transport a child under age 16 unless such 

child has been restrained in either a seat belt or child restraint seat. Children 

under 8 must be in an infant, convertible or booster seat. 

III. Automobile rental companies are required to inform each customer of these 

child restraint requirements. D.C.Code §§50-1703; 50-1704. 

I. This requirement does not apply to children who are being transported in 

vehicles used for livery, sightseeing, taxi, ambulance, funeral, or farm purposes, 

or who are being transported in a motor vehicle with a seating capacity of more 

than 8 passengers not including the driver. D.C.Code §50-1702(5). 

59See Basnueva v. U.S., 874 A.2d 363 (D.C. 2005) (holding that an officer’s stop of a vehicle for violation of the seat belt and 

child restraint laws was valid). 

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DISTRICT OF COLUMBIA 

II. “A parent or legal guardian may transport his or her own child without 

restraint herein if that person is transporting a number of his or her own children 

of less than 16 years which exceeds the number of passenger positions equipped 

with seat belts in the motor vehicle. However, an unrestrained child may not be 

transported in the front seat of a motor vehicle.” (Emphasis added.) 

D.C.Code §50-1703(c). 

Sanctions:	 Moving Violation: 

First offense - A fine of $7560 or attendance at a child restraint safety class, for 

which such violator shall be charged $25; 

Second offense - A fine of $75 plus attendance at child restraint safety class, for 

which such violator shall be charged $25; 

Third offense - A fine of $125; 

Fourth and each subsequent offense – A fine of $150. 

Two points are assessed to the driving record of anyone convicted of violating 

child restraint requirements. D.C.Code §50-1706(c); 18 DCMR §303. 

Effect on Civil A violation of the above requirements shall not constitute evidence of 

Liability: negligence or contributory negligence, or as the basis for a civil action for 

damages. D.C.Code §50-1707. 

School Bus Safety 

Restraint Systems: 

Requirements:	 There is no specific statutory provision for the use of seat belts on school buses. 

“Motor vehicle” is defined as any device with 3 or more wheels and a seating 

capacity of 8 or fewer passengers. Logically, this would exclude school buses. 

18 DCMR §737 requires the installation of 2 seat belts or harnesses in the front 

seat of any motor vehicle (manufactured for the 1966 model or subsequent years 

and registered as a private passenger vehicle) before such vehicle will pass 

inspection. Further, that section requires the installation of seat belts or 

harnesses for each seating position in any motor vehicle (manufactured after 

January 1, 1968 and registered as a private passenger vehicle) except buses. 

Motorcycle Protective 

Headgear: 

Requirements: Persons operating or riding on a motorcycle must wear helmets that comply 

with nationally approved standards. 18 DCMR §§741; 2215.3. 

Sanctions:	 Infraction: A fine of $75. 18 DCMR §2600. No points are assigned for helmet 

violations. 18 DCMR §2215.6. 

Exemptions:	 None 

Motorcycle Eye 

Protection Device: 

Requirements:	 Persons operating or riding on a motorcycle must wear safety eye protection 

devices that comply with nationally approved standards. 

18 DCMR §§742; 2215.4. 

60The fine for a first-time violator shall be waived upon presentation of proof of acquisition of a child restraint seat by the 

operator or parent or legal guardian of the child who was transported without proper restraint. D.C.Code §50-1706(b). 

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DISTRICT OF COLUMBIA
 

Sanctions: Infraction: A fine of $75. 18 DC ADC §2600. 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: I. A person younger than 16 shall wear a protective helmet of good fit, fastened 

securely upon the head with the straps of the helmet. D.C.Code §50-1605(a). 

II. A parent or legal guardian or a child younger than 16 shall not knowingly 

permit such child to operate or be a passenger on a bicycle on a public roadway, 

public bike path, or other public right-of-way, without wearing a protective 

bicycle helmet. D.C.Code §50-1605(b). 

Sanctions: A parent or legal guardian is subject to a $25 fine. However, the fine shall be 

suspended for first time violators or violators who subsequent to the violation, 

but prior to the imposition of fine, purchase a protective helmet. 

D.C.Code §50-1605(c). 

Failure to wear protective headgear shall not be considered evidence of 

negligence per se, contributory negligence or assumption of the risk in a civil 

suit arising out of any civil action in which a person under 16 is injured. Failure 

to wear a helmet shall not be admissible as evidence in the trial of any civil 

action, nor in any way diminish or reduce the damages recoverable in such 

action. D.C.Code §50-1606. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person shall ride and no driver shall allow a person to ride on any portion of 

any vehicle, which is not designed or intended for the use of passengers. 

18 DCMR §2213.6. 

Sanctions: Infraction: A fine of $25. 18 DCMR §2600. 

Exemptions: This prohibition does not apply to an employee engaged in the necessary 

discharge of their duties or to persons riding within truck bodies in a space 

intended for materials. 18 DCMR §2213.6. 

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FLORIDA
 

STATE	 FLORIDA 

General Reference: Florida Statutes Annotated (F.S.A.) 

Seat Belts: 

Requirements: I. A driver shall not operate a motor vehicle61 unless such driver and every 

passenger under age 18 are restrained by a seat belt. F.S.A. §316.614(4). 

II. A front seat passenger 18 years or older must secure him/herself in a seat belt 

while a motor vehicle is in motion. F.S.A. §316.614(5). 

Exemptions:	 (1) Persons who have a medical condition that would cause the use of seat belts 

to be either inappropriate or dangerous; (2) persons while in the course of 

delivering newspapers; (3) employees of a solid waste or recyclable collection 

service while in the course of employment; or (4) persons riding either in the 

living quarters of a recreational vehicle or in the space within a truck body 

primarily intended for merchandise or property. F.S.A. §316.614(6). 

Enforcement Type:	 Primary Enforcement: F.S.A. §316.614(9). 

Sanctions:	 Nonmoving Traffic Violation:

62 A fine of $30 with court costs of $18. 63 

F.S.A. §§316.614(8); 318.14; 318.18(2), (11). 

Effect on Civil A violation of these requirements shall not constitute negligence per se nor shall 

Liability:	 such a violation be used as prima facie evidence of negligence or be considered 

in mitigation of damages, but such a violation may be considered as evidence of 

comparative negligence in any civil action. F.S.A. §316.614(10). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. A motor vehicle operator, when transporting a child age 5 or younger, must 

secure such child in a federally approved child restraint device. 

II. Children age 3 or younger must be secured in either a separate carrier or 

vehicle manufacturer’s integrated child seat. 

III. Children 4 - 5 years old must be secured in a separate carrier, vehicle 

manufacturer’s integrated child seat or seat belt. F.S.A. §316.613(1)(a). 

61This requirement does not apply to persons operating the following types of vehicles: (1) a school bus; (2) a bus used to 

transport persons for compensation; (3) a farm tractor or other implement of husbandry; (4) a truck weighing greater than 5,000 

lbs.; and (5) motorcycles, mopeds or bicycles. F.S.A. §316.614(3)(a). Note: State law does not specifically exempt vehicles that 

are not required to have seat belts under Federal law.

62I. For either a nonmoving or moving traffic infraction, an offender may elect to have a charge adjudicated before a “designated 

official.” A person electing adjudication waives any rights they may have to the civil penalties under F.S.A. §318.18. The hearing 

officer is authorized to impose a fine of not more than $500 or require a person to attend a driver improvement school. F.S.A. 

§318.14(5). II. A person who commits a noncriminal traffic infraction may, in lieu of a court appearance elect, only once within a 

12-month period, to attend a driver improvement course. If such occurs, adjudication is withheld and points cannot be assessed 

against the person's driving record. In addition, the civil penalty imposed under FL ST § 318.18(3) must be reduced by 18 

percent. F.S.A. §318.14(9). 63Possible Licensing Action: For any violation of the traffic laws, the court has the authority to either suspend or revoke a 

driver’s license if it determines that there exists a need to protect persons who use the highways. In determining whether to take 

such action, the court considers among other things the extent or nature of the violation and whether, as a result of the violation, 

there was a death, personal injury or property damage. The provision providing for this action does not give specific license 

suspension or revocation periods. F.S.A. §316.655(2). Note: Under F.S.A. §322.28(1), the licensing agency (not the courts) may 

only suspend or revoke a license for one year. However, such agency may be able to issue driving privileges for employment 

purposes under F.S.A. §322.271. 

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FLORIDA
 

Exemptions: This requirement does not apply to children riding in the following types of 

vehicles: (1) a bus used to transport persons for compensation; (2) a farm tractor 

or implement of husbandry; (3) a truck having a gross weight of greater than 

26,000 lbs.; and (4) motorcycles, mopeds or bicycles. F.S.A. §316.613(2). 

Sanctions: Moving Traffic Violation: A fine of $60 with court costs of $35. F.S.A. 

§§316.613(5); 318.18(3)(a), (11). Additionally, 3 points are assessed against a 

driver’s record. F.S.A. §§316.613(5); 322.27(3)(d)(7). 

Alternative Sanction: In lieu of the above fine and point sanctions, a person, 

with the court’s approval, may elect to participate in a child restraint safety 

program. Upon successful completion, the penalty and associated court costs 

may be waived, and the point assessment shall be waived. F.S.A. §316.613(5). 

Effect on Civil The failure to provide and use a child passenger restraint shall not be considered 

Liability: comparative negligence, nor shall such failure be admissible as evidence in the 

trial of any civil action with regard to negligence. F.S.A. §316.613(3). 

School Bus Safety See note. 

64 

Restraint Systems: 

Requirements:	 I. All school buses purchased new after December 31, 2000, and used to 

transport students in grades pre-K through 12 must be equipped with seat belts 

or other federally approved restraint systems in a number sufficient to allow 

each student who is being transported to use a separate seat belt or restraint 

system. F.S.A. §316.6145(1)(a). 

II. School bus operators are not required to wear safety seat belts. 

F.S.A. §§316.614; 316.6145. 

III. Each passenger on a school bus equipped with seat belts or a restraint 

system shall wear a properly adjusted and fastened seat belt at all times while 

the bus is in operation. F.S.A. §316.6145(2). 

65 

Sanctions:	 There are no specific sanctions for a violation; however it likely would be the 

same as that for a violation of the seat belt use law. F.S.A. §§318.14(1); 318.18. 

Motorcycle Protective 

Headgear: 

Requirements:	 No person shall operate or ride on a motorcycle unless he/she is wearing 

protective headgear, which complies with Federal Motor Vehicle Safety 

Standard No. 218. F.S.A. §316.211(1). 

No person under age 16 shall operate or ride on a moped unless wearing 

protective headgear. F.S.A. §316.211(4). 

64The law exempts from civil liability governmental entities (the State, counties, school districts) or individuals (school bus 

operators, agents or employees [e.g., teachers or volunteers serving as chaperones of a school district] in two situations: (1) for an 

injury by a school bus passenger solely because the injured party was not wearing a seat belt; or (2) for a personal injury by a 

school bus passenger for an injury caused solely by another passenger’s use or nonuse of a seat belt or restraint system in a 

dangerous or unsafe manner. F.S.A. §316.6145. 65F.S.A. §316.613(2) excludes school buses from the child safety restraint system requirement. This appears to be in direct 

conflict with F.S.A. §316.6145. Because the latter statute, added into law in 1999, specifically exempts school buses purchased 

prior to December 31, 2000, the reader should defer to F.S.A. §316.6145. 

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FLORIDA
 

Sanctions: Nonmoving Traffic Violation: A fine of $30 with court costs of $18. 

F.S.A. §§316.655(1); 318.14; 318.18(2), (11). 

Failure to wear protective headgear may be considered as comparative 

negligence if it can be shown that such a failure was the proximate cause of the 

injuries sustained. 66 

Exemptions: This requirement does not apply to persons age 16 or older who are operating or 

riding within an enclosed cab and to persons age 16 or older who are operating 

or riding upon a motorcycle with either: (1) a displacement of 50 cubic 

centimeters or more; (2) two or less brake horsepower; or (3) a speed capability 

of 30 mph or less. F.S.A. §316.211(3)(a). 

Additionally, persons who are over 21 years may operate or ride on motorcycles 

without protective headgear provided they have at least $10,000 in medical 

benefits for any injuries that they may sustain as a result of crash while riding 

on the motorcycle. F.S.A. §316.211(3)(b). 

Motorcycle Eye 

Protection Device: 

Requirements: No persons shall operate motorcycles unless wearing an eye-protection device 

that complies with State standards. F.S.A. §316.211(2). 

Sanctions: Noncriminal Traffic Infraction: A fine of $30 with court costs of $18. 

F.S.A. §§316.655(1); 318.14; 318.18(2), (11). 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: A bicycle rider or passenger younger than 16 must wear a federally approved 

bicycle safety helmet. 67F.S.A. §316.2065(3)(d). 

Sanctions: Pedestrian Violation: A fine of $15 with court costs of $4 may be assessed. 

The court shall dismiss the charge against the bicycle rider or passenger for a 

first violation upon proof of purchase of a bicycle helmet. 

F.S.A. §§316.2065(3)(e); 318.18(2), (11). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No persons age 17 and younger shall ride upon any portion of a vehicle that is 

not intended for passenger use, except on non-limited access roads if a seat 

fitted with a seat belt has been added to the cargo area, or local city or county 

law permits such unrestricted riding. F.S.A. §316.2015(2). 

66Rex Utilities, Inc. v. Gaddy, 413 So.2d 1232 (Fla. App. 3 Dist. 1982), petition for review denied, 442 So.2d 843 (Fla. 1982). 67The failure of a person to wear a bicycle helmet or the failure of a parent/guardian to prevent a child from riding a bicycle 

without a helmet may not be considered as evidence of negligence or contributory negligence. F.S.A. §316.2065(19). 

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FLORIDA
 

Sanctions: Nonmoving Traffic Violation: A fine of $30 with court costs of $18. 

F.S.A. §§316.2015(2)(c); 318.18(2), (11). 

Exemptions: This prohibition does not apply to an employee engaged in the discharge of 

official duties, to a person riding within truck bodies in a space intended for 

merchandise, or to a performer in a professional exhibition or a person 

participating in a parade. F.S.A. §316.2015(2). 

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GEORGIA
 

STATE GEORGIA 

General Reference: Official Code of Georgia Annotated (OGCA); West’s Georgia Administrative 

Code (Ga Comp. R. & Regs.) 

Seat Belts: 

Requirements: I. Each occupant of the front seat of a passenger vehicle68 must be restrained by 

a federally approved seat belt while such vehicle is being operated. 

OGCA §40-8-76.1(b). 

II. A driver transporting a minor age 8 or older must secure such child in a 

federally approved seat belt. OGCA §40-8-76.1(e)(3). 

Exemptions: The seat belt use requirement for front seat occupants who are not minors does 

not apply to: (1) drivers or passengers of a motor vehicle that makes frequent 

stops to deliver property provided the speed of the vehicle between stops does 

not exceed 15 mph; (2) drivers or passengers possessing a written statement 

from a physician, an official certificate or license endorsement if from out of 

state or country, containing valid reasons why such person is unable to wear a 

seat belt; (3) drivers operating passenger vehicles in reverse; (4) persons riding 

in vehicles with a model year prior to 1965; (5) passenger vehicles that are not 

required to be equipped with seat belts under Federal law; (6) rural letter carries 

of the United States Postal Service perfor ming their official duties; (7) 

newspaper delivers performing their duties; or (8) persons performing 

emergency services. OGCA §40-8-76.1(c). 

Enforcement Type: Primary Enforcement: Probable cause for a violation of these requirements 

must be based upon a law enforcement officer's clear and unobstructed view of 

the unrestrained person. A violation of these requirements cannot constitute 

probable cause of any other violation of the law. OGCA §40-8-76.1(f). 

Sanctions: I. For a violation of I above, a fine of not more than $15. 

69 The law specifically 

provides that “the costs of ... prosecution shall not be taxed nor shall any 

additional penalty, fee, or surcharge ... be assessed.” OGCA §40-8-76.1(e)(2). 

II. For a violation of II above, a fine of not more than $25. 

OGCA §40-8-76.1(e)(3). 

Effect on Civil Failure of a motor vehicle occupant to comply with these requirements: (1) shall 

Liability:	 not be considered evidence of negligence or causation; (2) shall not otherwise 

be considered by the finder of fact on any question of liability of any persons, 

corporation or insurer; (3) shall not be any basis for cancellation of coverage or 

increase in insurance rates; and (4) shall not be evidence used to diminish any 

recovery for damages arising out of the ownership, maintenance, occupancy or 

operation of a motor vehicle. OGCA §40-8-76.1(d). 

15-Passenger Vans: Not covered under the seat belt law. 

68For the purposes of the seat belt requirement, the term “passenger vehicle” means every motor vehicle designed to carry 10 

passengers or less and used for the transportation of persons. This does not mean pickup trucks, motorcycles, motor driven cycles 

or vehicles equipped for off-road use. However, such term does include sport utility vehicles and pickup trucks for any occupant 

who is younger than 18. OGCA §40-8-76.1(a). 69A violation of this provision is not to be considered a criminal act and is not to be considered a moving violation for purposes of 

licensing action under OGCA §40-5-57. OGCA §40-8-76.1(e)(1). 

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GEORGIA
 

Child Safety Restraint See note. 

70 

Systems: 

Requirements:	 A person transporting a child younger than 8 in a motor vehicle 71 shall secure 

such child in a federally approved child passenger restraint system. 

OGCA §40-8-76(b). 

Any child under age 8 and weighing at least 40 lbs., may be secured by lap belt 

when the vehicle is not equipped with both lap and shoulder belts or the vehicle 

is equipped with one or more lap and shoulder belts that are being used to 

properly restrain other children. OGCA §40-8-76(b)(1)(A). 

Exemptions:	 This requirement does not apply if a parent or guardian obtains a physician’s 

written statement that explains that a child has a medical condition that prevents 

him/her from being restrained in a child passenger protection system, or when 

the parent can show the child’s height is over 4 feet 9 inches. 

OGCA §40-8-76(b)(1)(C). 

Sanctions:	 First offense72 - A fine of not more than $50 and 1 point assessed against an 

offender’s driving record; 

Second or subsequent offense - A fine of not more than $100 and 2 points 

assessed against an offender’s driving record. 

For either a first or subsequent offense, the court is prohibited from imposing 

additional fees or surcharges. OGCA §§40-5-57(c)(1)(A); 40-8-76(b)(2). 

Effect on Civil A violation of this requirement shall not constitute negligence per se or
 

Liability: contributory negligence per se. OGCA §40-8-76(c).
 

School Bus Safety 

Restraint Systems: 

Requirements: School buses are exempt from the seat belt and child passenger restraining 

system requirements. OGCA §40-8-76(d). 

Motorcycle Protective See note. 

73 

Headgear: 

Requirements:	 No person shall operate or ride upon a motorcycle unless that person is wearing 

protective headgear that meets the specifications of the U.S. Department of 

Transportation’s Federal Motor Vehicle Safety Standards. 

OGCA §40-6-315(a); Ga Comp. R. & Regs. 570-13-.02. 

Sanctions:	 Misdemeanor: Imprisonment for not more than 12 months and/or a fine of not 

more than $1,000. OGCA §§17-10-3(a)(1); 40-6-1. 

70Exemption: This requirement does not apply if a parent or guardian obtains a physician’s written statement that explains that a
 

child has a medical condition that prevents him/her from being restrained in a child passenger protection system, or when the
 

parent can show the child’s height is over 4 feet 9 inches. OGCA §40-8-76(b)(1)(D). 71For purposes of this requirement, motor vehicle includes a passenger automobile, a van, or a pickup truck. However, this term 

does not include a taxicab or public transit vehicle. OGCA §40-8-76(b)(1). 72A violation of this requirement shall not be the basis for cancellation of coverage or increase in insurance rates.
 

OGCA §40-8-76(c). 73Failure to wear protective headgear is negligence as a matter of law to the extent that any such violation contributed
 

proximately to the injuries. Green v. Gaydon, 331 S.E.2d 106 (Ga. App. 1985).
 

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GEORGIA
 

Exemptions: This requirement does not apply to operators or passengers riding within an 

enclosed cab or motorized cart, or to persons who are operating three-wheeled 

motorcycles used only for agricultural purposes. OGCA §40-6-315. 

Motorcycle Eye 

Protection Device: 

Requirements: If a motorcycle is not equipped with a windshield, any person operating or 

riding on such vehicle must wear an eye-protective device. 

OGCA §40-6-315(b). 

Sanctions: Misdemeanor: Imprisonment for not more than 12 months and/or a fine of not 

more than $1,000. OGCA §§17-10-3(a)(1); 40-6-1. 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: When operating or riding on a bicycle, a person younger than 16 shall wear a 

bicycle helmet that complies with nationally recognized standards. 74 

OGCA §40-6-296(d)(1). 

Sanctions: I. The law specifically provides that no person younger than 16 who violates 

this provision may be fined or imprisoned. OGCA §40-6-296(d)(6). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: A person younger than 18 shall not ride in the uncovered bed of a pickup truck 

on any interstate highway. OGCA §40-8-79. 

Sanctions: Misdemeanor: The sanctions for this offense are imprisonment for not more 

than 12 months and/or a fine of not more than $1,000. OGCA §§17-10-3(a)(1); 

40-8-79. 

74A violation of this requirement shall not constitute negligence per se or contributory negligence per se, or be considered 

evidence of negligence of liability. OGCA §40-6-296(d)(5). 

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HAWAII
 

STATE	 HAWAI’I 

General Reference: Hawai’i Revised Statutes Annotated (HRS) 

Seat Belts: 

Requirements: I. No person shall operate a motor vehicle on any public highway unless such 

person and all passengers are restrained by a seat belt or child passenger 

restraint system if under the age of 8. HRS §291-11.6(a). 

Exemptions:	 I. Passengers of emergency vehicles while on official duties (ambulances, 

firefighting equipment, rescue vehicles and police vehicles) or mass transit 

vehicles with a gross vehicle weight rating greater than 10,000 lbs., (bus, 

school bus but excluding a charter or sightseeing service bus) are exempt from 

the seat belt requirement. HRS §291-11.6(b). 

II. The seat belt use requirement does not apply to: (1) persons riding in motor 

vehicles that do not have to be equipped with a seat belt under Federal law; (2) 

persons who are unable to use a seat belt because all of the available seat belt 

assemblies are in use; (3) persons who have a condition that prevents the 

appropriate use of a seat belt; and (4) persons operating taxicabs. 

HRS §291-11.6(c). 

Enforcement Type:	 Primary Enforcement: No statutory provision. 75 

Sanctions:	 Violation (Non-Criminal): A fine of $45 and a surcharge of $10 to be 

deposited into the neurotrauma special fund. An additional $10 may be charged 

for deposit into the trauma system special fund. 

HRS §§291-11.6(e); 701-107(5). 

Effect on Civil The enactment of the seat belt law does not change existing law concerning 

Liability: personal injury civil actions related to vehicle accidents. 76HRS §291-11.6(d). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: A child under age 4 shall be properly restrained in a child passenger restraint system. 

A child between ages 4 and 7 shall be properly restrained in a child safety seat 

or booster seat, unless such child is over 4 feet 9 inches in height or over 40 

lbs., and traveling in a motor vehicle equipped only with lap belts, without 

shoulder straps, in the back seat. HRS §291-11.5(a). 

Exemptions:	 Operators of emergency, commercial and mass transit vehicles are exempt 

from the child safety seat requirement. HRS §291-11.5(b). In addition, this 

requirement does not apply if the number of children to be secured exceeds the 

number of available seat belt assemblies in the vehicles. However, children 

that are not secured must be placed in the back seat of the motor vehicle. 

HRS §291-11.5(c). 

75See, e.g., State v. Ribbel, 142 P.3d 290 (Hawaii 2006) (describing the Maui Police Department’s operation of a seat belt 

enforcement team which specifically looked for any motor vehicle travelling on a public roadway with any front seat passengers 

unrestrained or any children in the rear seats unrestrained).

76The Hawaii Supreme Court has indirectly held that a person has no common law duty to mitigate damages by wearing a seat 

belt. Kealoha v. County of Hawai’i, 844 P.2d 670 (Hawaii 1993), reconsideration denied, 847 P.2d 263 (Haw.1993). 

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HAWAII
 

Sanctions:	 Violation (Non-Criminal): 

First offense - A fine of not more than $100; 

Second offense(within 3 years) - A fine of not less than $100 or more than 

$200; 

Third or subsequent offense - A fine of not less than $200 or more than $500. 

All offenders are required to take a “Child Passenger Restraint System Safety 

Class” which shall not to exceed four hours. Offenders are charged a $50 fee to 

take this course, are required to pay a $50 driver education assessment, and are 

required to pay a $10 surcharge for the neurotrauma special fund and a $10 

surcharge for the trauma system fund if the court so orders. 

HRS §§286G-3(b); 291-11.5(e); 701-107(5). 

Effect on Civil Failure to restrain a child under age 8 is not considered contributory 

Liability: negligence, comparative negligence or negligence per se. HRS §291-11.5(d). 

School Bus Safety 

Restraint Systems: 

Requirements: School buses are exempt from this requirement, as they are excluded from the 

definition of “motor vehicle.” HRS §291-11.6(b). 

Motorcycle Protective 

Headgear: 

Requirements: No person younger than 18 shall operate or ride on a motorcycle unless that 

person is wearing a State-approved safety helmet. 77HRS §286-81(b). 

Sanctions:	 Violation (Non-Criminal): A fine of not more than $1,000.
 

HRS §§286-82; 701-107(5).
 

Exemptions:	 A safety helmet is not required if the motorcycle or motor scooter has 3 

wheels, is powered by an electric motor, has an enclosed cab, and has a seat 

belt assembly or child restraint for driver and passenger, that is used during 

operation. HRS § 286-81(c). 

Motorcycle Eye 

Protection Device: 

Requirements:	 No person shall operate or ride on a motorcycle unless that person wears safety 

glasses, goggles or a face shield. However, this requirement does not apply if 

the motorcycle has a windscreen or windshield. HRS §286-81(a)(1)(A). 

Sanctions:	 Violation (Non-Criminal): A fine of not more than $1,000.
 

HRS §§286-82; 701-107(5).
 

Passenger Age	 It shall be unlawful for any driver of a motorcycle or motor scooter to carry as 

Restrictions:	 a passenger or permit to ride thereon any person under age 7, unless the 

motorcycle or motor scooter has 3 wheels, is power ed by an electric motor, has 

a full-bodied enclosed cab and a seat belt assembly or a child restraint system 

for the passenger and driver, and such belt assembly and restraint system are 

77The Hawaii Supreme Court has held that a person has no common law duty to mitigate damages by wearing a motorcycle safety 

helmet. Kealoha v. County of Hawaii, 844 P.2d 670 (Hawaii 1993) reconsideration denied, 847 P. 2d 263 (Hawaii 1993). 

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HAWAII
 

used by the driver and passenger. HRS §291-11(b). 

Bicycle Protective 

Headgear: 

Requirements: Persons younger than 16 shall wear properly fitted and fastened bicycle 

helmets when operating bicycles. This requirement also applies to a person 

who is riding in a restraining seat attached to a bicycle. HRS §291C-150(a). 

Sanctions: A fine of not more than $25. A parent or legal guardian of a minor in violation 

of this requirement is liable for paying this fine. HRS §291C-150(c). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: I. No person shall stand in the bed or load-carrying area of a pickup truck78 

while such vehicle is in motion. HRS §291-14(a). 

II. A driver of a pickup truck shall not allow a passenger to ride seated in the 

bed of such a truck unless the following three conditions are satisfied: (1) there 

no seats available in the vehicle's cab; (2) the side racks and the tailgate are 

respectively securely attached and securely closed; and (3) the passengers in 

the bed are seated on the floor and do not attempt to control unlashed cargo. 

HRS §291-14(a). 

III. A person shall not operate a pickup truck while any passenger 12 years or 

younger is in the bed or load-carrying area of the vehicle unless there is an 

emergency threatening the life of the passenger or the vehicle is being operated 

in a parade. HRS §291-14(c). 

Sanctions: For I and II above: a Non-Criminal “Violation” with a fine of $25. 

For III above: a Non-Criminal “Violation” with a fine of $50. 

HRS §§291-14(d); 701-107(5). 

Exemptions: These requirements do not apply to persons or corporations that are operating a 

business that serves the public or are under the supervision of State or local 

authorities that regulate employees while they carry out their duties. 

HRS §291-14(b). 

78For the purposes of this prohibition, a “pickup truck” is defined as “a light truck that has a cab on the front part of the vehicle 

covering the driver's seat and an open bed behind the cab designed primarily to transport property or cargo, with sides and a 

tailgate to retain the contents within the confines of the bed, and has a maximum gross vehicle weight rating (GVWR) of 11,000 

pounds or less.” HI ST §291-14(e). 

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IDAHO
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Exemptions: 

IDAHO 

Idaho Code (I.C.); Idaho Administrative Code (IDAPA) 

All occupants of a motor vehicle79 shall be secured in a seat belt when the 

vehicle is in motion. I.C. §49-673(1). 

A citation also may be issued to the operator of the motor vehicle if the operator 

is age 18 or older and any occupant under age 18 fails to wear a safety restraint 

as required in this section. I.C. §49-673(3)(a)(ii). 

(1) Persons who are unable to use a seat belt for medical reasons and possess a 

written statement from a licensed physician; (2) persons riding on motorcycles, 

using implements of husbandry and occupying emergency vehicles; (3) persons 

riding in the motor vehicle when all of the available seat belts are already in 

use; and (4) mail carriers. I.C. §49-673(2). 

Secondary Enforcement: Enforcement of this section by law enforcement 

officers may be accomplished only as a secondary action when the operator of 

the motor vehicle has been detained for a suspected violation of another law. 

I.C. §49-673(5). 

Infraction: A fine of $10. I.C. §49-673(3)(b). A conviction for this infraction 

shall neither result in points being assigned to a person's driving record nor be 

deemed a moving violation for the purpose of establishing rates of motor 

vehicle insurance. 

The failure to use a seat belt shall not be considered any circumstances as 

evidence of contributory or comparative negligence, nor shall such failure be 

admissible as evidence in any civil action with regard to negligence. 

I.C. §49-673(8). 

May be covered by seat belt law. 

A person, transporting a child age 6 or younger in a noncommercial motor 

vehicle80 shall secure such child in a federally approved child safety restraint. 

I.C. §49-672(1). 

This requirement does not apply in the following circumstances: (1) if all of the 

vehicle's seat belts are in use, so long as the child is placed in the vehicle's rear 

seat; or (2) if the child is held by an attendant for the purpose of nursing the 

child or attending to the child's other immediate physiological needs. 

I.C. §49-672(2)(a),(b). 

79This requirement applies only to motor vehicles that have a gross vehicle weight of not more than 8,000 lbs., and that comply
 

with Federal Motor Vehicle Safety Standard No. 208 (49 CFR 571.208). I.C. §49-673(1).Note: This Federal standard applies to
 

passenger motor vehicles manufactured after January 1, 1973.

80This requirement applies to motor vehicles that were manufactured with seat belts after January 1, 1966.
 

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IDAHO
 

Sanctions: Infraction: A fine of not more than $100. I.C. §§18-113A; 49-110(5); 

49-236(2). 

Note: The law does not assign points for a violation of this requirement. 

I.C. §49-326(2). 

Effect on Civil The failure to use a child safety seat shall not be consider ed under any 

Liability: circumstances as evidence of contributory negligence, nor shall such failure be 

admissible in any civil action with regard to negligence. I.C. §49-672(3). 

School Bus Safety 

Restraint Systems: 

Requirements: There is no specific statutory provision excluding a school bus from the seat 

belt requirement or from the definition of “motor vehicle.” 

Motorcycle Protective 

Headgear: 

Requirements: No person under age 18 shall operate or ride on a motorcycle unless he is 

wearing a State approved protective safety helmet meeting Federal Motor 

Vehicle Safety Standard No. 218. I.C. §49-666; IDAPA §11.07.01.040. 

Sanctions: Infraction: A fine of not more than $100. I.C.§§18-113A; 49-110(5); 

49-236(2). The law does not assign points for a violation of this requirement. 

I.C. §49-672(3). 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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ILLINOIS
 

STATE	 ILLINOIS 

General Reference: West's Smith-Hurd Illinois Compiled Statutes Annotated (ILCS) 

Illinois Administrative Code (ILAC) 

Seat Belts: 

Requirements: I. Each driver and passenger of a motor vehicle operated on a street or highway 

shall wear a properly adjusted and fastened seat belt. 

81 625 ILCS 5/12-603.1(a). 

Exemptions:	 (1) A driver or passengers who are operating or riding in a motor vehicle that 

makes frequent stops for the purpose of delivering property and provided the 

speed of the vehicle between stops is not greater than 15 mph; (2) drivers and 

passengers possessing a written statement from a physician or a certificate or 

license endorsement issued by an appropriate out-of-State agency, that such 

person is unable, for medical or physical reasons, to wear a seat belt; (3) a 

driver operating a motor vehicle in reverse; (4) persons operating or riding in 

motor vehicles either with a model year prior to 1965 or that are not required by 

Federal law to have seat belts; (5) persons operating or riding on motorcycles, 

motor driven cycles, or mopeds; and (6) rural letter carriers performing their 

official duties. 625 ILCS 5/12-603.1(b). 

Enforcement Type:	 Primary Enforcement: However, a law enforcement officer may not search or 

inspect a motor vehicle, its contents, the driver, or a passenger solely because of 

a seat belt violation. 625 ILCS 5/12-603.1(f). 

Sanctions:	 Petty Offense: A fine not to exceed $25. 625 ILCS 5/12-603.1(d). The law does 

not assign points for a violation of these requirements. 92 IL ADC §1040.20(e). 

Effect on Civil Failure to wear a seat belt in violation of the law shall not be considered 

Liability:	 evidence of negligence, shall not limit the liability of an insurer and shall not 

diminish any recovery for damages arising out of the ownership, maintenance or 

operation of a motor vehicle. 625 ILCS 5/12-603.1(c). 

15-Passenger Vans: May be covered by the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements:	 I. A person transporting a child under age 8 in a motor vehicle shall secure such 

child in a federally approved child restraint system. 82 

625 ILCS 25/4; 625 ILCS 5/12-603.1. 

II. Every person when transporting a child 8 or older but under age 16 shall be
 

responsible for properly securing that child in a seat belt. 

625 ILCS 25/4a; 625 ILCS 5/12-603.1.
 

III. (But) a child weighing more than 40 pounds may be transported in the back 

seat of a motor vehicle while wearing only a lap belt if the back seat of the
 

motor vehicle is not equipped with a combination lap and shoulder belt.
 

625 ILCS 25/4.
 

81Under separate provisions of law, a driver under age 18 shall not operate a motor vehicle with more than one passenger in the front 

seat or with more passengers in the back seats than there are seat belts. A driver under age 18, when operating a second division 

vehicle, that has only a front seat and that weighs not more than 8,000 lbs., may transport more than one person in the front seat 

provided each passenger is wearing a seat belt. 625 ILCS 5/12-603(b-5). 82For children younger than 8, the parent or legal guardian shall provide a child restraint system to any person who is transporting 

his/her child. 625 ILCS 25/4. 

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ILLINOIS
 

IV. A person who is younger than 18 when transporting a child who is 8 years 

or older but less than age 19 must secure such child in a seat belt or an 

appropriate child restraint system. 625 ILCS 25/4b. 

Exemptions:	 The requirement to use a child passenger restraint system or seat belt does not 

apply with respect to children who have a physical disability of such a nature as 

to prevent the proper use of such a system or belt. 625 ILCS 25/7. 

Sanctions:	 Petty Offense: 

First offense: A fine of $75. 

83
 

Subsequent offense: A fine of $200. 625 ILCS 25/6.
 

The law does not assign points for a violation of these requirements.
 

92 ILAC §1040.20(e).
 

Effect on Civil In no event shall a person's failure to secure a child under age 8 constitute 

Liability: contributory negligence or be admissible as evidence in the trial of any civil 

action. 625 ILCS 25/5. 

School Bus Safety 

Restraint Systems: 

Requirements: See note. 

84 

I. No school bus shall be operated unless the driver has properly restrained 

himself with the lap belt assembly. 625 ILCS 5/12-807. 

II. Each school bus that is operated for transporting passengers with disabilities 

shall be equipped with an appropriate restraining or safety device for each such 

passenger. 625 ILCS 5/12-810. 

Sanctions:	 For I above, first or second violation (Petty Offense) – A fine of not more than 

$1000; 

Third violation (within 1 year) (Class C Misdemeanor) – A term of 

imprisonment of not more than 30 days and/or a fine of not more than $1,500. 

625 ILCS 5/16-104. 

Motorcycle Protective 

Headgear: 

Requirements:	 None 85 “No unit of local government, including a home rule unit, may enact an 

ordinance requiring motorcycle users to wear protective headgear.” 

625 ILCS 5/11-208(e). 

83A person shall not be convicted of this first offense if the person produces in court satisfactory evidence of possession of an 

approved child restraint system and proof of completion of an instructional course on the installation of the child restraint system. 

625 ILCS 25/6(b).

84The corporate authorities of any city with 1,000,000 or greater inhabitants may regulate, license and prescribe safety requirements 

for motor vehicles used to transport for hire students to or from a school. However, no such municipality may require school buses to 

be equipped with seat belts while transporting students who reside and attend school situated outside of the corporate limits of the 

municipality. 65 ILCS 5/11-40-2a. 85Failure to wear protective headgear is not admissible relating to comparative negligence and thus cannot be used as evidence to 

mitigate damages. Hukill v. DiGregorio, 484 N.E.2d 795 (Ill. App. 2 Dist. 1985). 

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ILLINOIS
 

Motorcycle Eye 

Protection Device: 

Requirements: A person who operates or rides on a motorcycle must be protected by glasses, 

goggles or a transparent shield. 86 625 ILCS 5/11-1404(a). 

Sanctions: First and second offenses (Petty Offense) - A fine of not more than $1,000; 

Third or subsequent offense (within 1 year) (Class C Misdemeanor) – A term 

of imprisonment of not more than 30 days and/or a fine of not more than 

$1,500. 625 ILCS 5/16-104. 

Five points are assessed against a person's driving record a violation of this 

requirement. 92 IL ADC §1040.20(c). 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

86Contact lenses are not acceptable eye protection devises. 625 ILCS 5/11-1404(c). 

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INDIANA
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

INDIANA 

Indiana Code (IC); Indiana Administrative Code (IAC) 

Each occupant of a motor vehicle shall be secured in a seat belt when the 

vehicle is in forward motion. IC §9-19-10-2. 

(1) Occupants, who for medical reasons should not wear seat belts, provided the 

occupant possesses written documentation from a physician; (2) a child required 

to use a child passenger restraint system; (3) a driver traveling in a commercial 

or U.S. Postal Service vehicle that makes frequent stops for the purpose of 

picking up or delivering goods and services; (4) a rural carrier of the U.S. Postal 

Service and is performing his official duties; (5) a newspaper motor route 

carrier/bundle hauler who stops to make deliveries from a vehicle; (6) an 

examiner conducting a driver’s license/permit examination. IC §9-19-10-1. 

Primary Enforcement: A vehicle may be stopped to determine compliance 

with the seat belt law. However, during such stop, the vehicle, its contents, 

driver, or passengers may not be searched or detained solely because of a 

violation. 

A law enforcement agency may not use a seat belt checkpoint to detect and 

issue a citation for a person’s failure to comply with the seat belt law. 

IC §9-19-10-3.1(a),(b). 

Class D Infraction: A fine of up to $25. IC §§9-19-10-8(a); 34-28-5-4(d). 

Points may not be assessed against a person's driving record for a violation of 

this requirement. IC §9-19-10-8(b). 

Failure to comply does not constitute fault and does not limit the liability of an 

insurer. IC §9-19-10-7(a). Except in product liability cases, a failure to comply 

may not be admitted in a civil action to mitigate damages. IC §9-19-10-7(b),(c). 

May be covered under the seat belt law. 

I. Before operating a motor vehicle, a driver must secure a child under 8 years 

in a child passenger restraint system. However, a child weighing more than 40 

lbs. may be restrained by a lap seat belt if: (1) the motor vehicle is not equipped 

with lap and shoulder seat belts; or (2) not including the operator’s seat and 

front passenger seat, all the lap and shoulder belts are being used to properly 

restrain children less than 16 years. IC §§9-19-11-2; 9-19-11-3.7. 

II. A person operating a motor vehicle with a child at least 8 years but less than 

16 years shall have such child fastened in a child restraint system or a seat belt. 

IC §9-19-11-3.6(a). 

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Exemptions:	 The requirement that certain children use either a child passenger restraint 

system or seat belt does not apply to drivers operating the following: (1) a 

school bus; (2) a taxicab; (3) an ambulance; (4) a passenger bus; (5) a motor 

vehicle having a seating capacity greater than 9 individuals that is owned/leased 

by a religious or not-for-profit youth organization; (6) an antique motor vehicle; 

(7) a motorcycle; (8) a motor vehicle that is owned/leased by a governmental 

unit and is being used for law enforcement duties; (9) a motor vehicle used in an 

emergency; (10) a motor vehicle that is funeral equipment used in a funeral 

procession and/or return trip to a funeral home. IC §9-19-11-1. 

Additionally, if the person carries a certificate stating that it would be 

impractical to require a child restraint because of a physical condition or 

medical condition, then there is no violation. IC §9-19-11-2(a). 

Sanctions:	 Class D Infraction: A fine of up to $25. 

87 

IC §§9-19-11-2; 9-19-11-3.6(a); 34-28-5-4(d). An abstract of a violation of this 

requirement is forwarded to the Bureau of Motor Vehicles for inclusion in the 

person's driving recor d. IC §9-19-11-7. Points may not be assessed against a 

person's driving record for a violation of this requirement. IC §9-19-11-10. 

Effect on Civil Failure to comply with this requirement does not constitute contributory
 

Liability: negligence. IC §9-19-11-8.
 

School Bus Safety 

Restraint Systems: 

Requirements: School buses are exempt from the seat belt/child passenger restraint 

requirement. IC §9-19-11-1. 

Motorcycle Protective 

Headgear: 

Requirements:	 A person under age 18 shall wear State approved protective headgear that meets 

the Federal Motor Vehicle Safety Standard No. 218, when operating or riding 

on a motorcycle. IC §§9-19-7-1(1). 

Sanctions:	 Class C Infraction: A fine of up to $500. 

IC §§9-19-7-3; 34-28-5-4(c). Four points are assessed against a person's driving 

record. 140 IAC 1-4.5-10. 

Exemptions:	 None 

Motorcycle Eye 

Protection Device: 

Requirements:	 A person under age 18 shall wear protective glasses, goggles or transparent face 

shield when operating or riding on a motorcycle or motorized bicycle. IC §9-19­

7-1(2). 

Sanctions:	 Class C Infraction: A fine of not more than $500.
 

IC §§9-19-7-3; 34-28-5-4(c).
 

87If the court finds that the person is a first-time offender and possesses or has acquired a child restraint system, the court shall 

enter judgment against the person. However, the person may not be liable for any costs or monetary judgment. IC §9-19-11-5. 

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INDIANA
 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: Children in childcare centers shall wear a helmet when riding bicycles. 

470 IN ADC 3-4.7-63. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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IOWA
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Exemptions: 

IOWA 

Iowa Code Annotated (I.C.A.) 

When a motor vehicle88 is in forward motion, the driver and front-seat 

passengers shall wear seat belts or safety harnesses. 

I.C.A. §321.445, subsec. 2. 

(1) Persons driving or riding in vehicles that are not required to have seat belts; 

(2) drivers or passengers who are actively engaged in work which requir es them 

to alight and reenter the vehicle at frequent intervals, providing the vehicle does 

not exceed 25 mph between stops; (3) letter carriers of the U.S. Postal Service 

when performing their duties; (4) passengers on a bus; (5) persons, who for 

medical or physical reasons, cannot wear a seat belt and possess a written 

certification issued within the past 12 months; and (6) except for the driver, 

front seat occupants of an emergency vehicle when such occupants are being 

transported in an emergency. I.C.A. §321.445, subsec. 2. 

Primary Enforcement: There is no statutory provision. 89 

Simple misdemeanor but described as a “Scheduled Violation”: A fine of $50. 

I.C.A. §§321.482; 805.8; 805.8A, subsec. 14(c). 

A driver shall not be charged for a violation committed by a passenger who is 

age 14 or older unless such passenger is unable to properly fasten a seat belt due 

to a temporary or permanent disability. I.C.A. §321.445, subsec. 3. 

Note: In determining license suspension action, the State is not to consider a 

violation of this requirement. I.C.A. §321.210, subsec. 2(b). 

The failure to comply with this requirement shall not be considered evidence of 

comparative fault. However, such failure may be admitted to mitigate damages 

under certain circumstances. I.C.A. §321.445, subsec. 4(b). 

May be covered under the seat belt law. 

I. A child under age 1 and weighing less than 20 lbs. = rear-facing child 

restraint system. 

II. A child under age 6 and weighing 20 or more lbs. = federally approved child 

restraint system. 

III. A child 6-17 years = a federally approved child restraint system, a seat belt, 

or a safety harness. I.C.A. §321.446. 

These requirements do not apply to children riding in/on: (1) school buses; (2) 

motorcycles; (3) motor vehicles operated by law enforcement officers acting on 

88A “motor vehicle” does not include a motorcycle or motorized bicycle. I.C.A. §321.445, subsec. 2.
 89See State v. Godfrey, 491 N.W.2d 173 (Iowa App. 1992) (upholding traffic stop based on officer’s personal observations of
 

automobile driver, coupled with officer’s experience with seat belt violation stops, which gave officer reasonable cause to believe
 

driver was violation seat belt law).
 

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IOWA 

official duty; (4) motor vehicles with a model year of 1965 or older; (5) 

authorized emergency vehicles; (6) motor homes except when riding in the 

passenger seat “situated directly” to the right of the driver; and (7) a motor 

vehicle for whom no back seat belt are available because all seat belts are being 

used by other occupants or cannot be used due to the use of a child restraint 

system in the seating position for which a belt is provided. In addition, there is 

an exemption in cases of children who have a medical, physical, or mental 

condition that prevents or makes inadvisable the securing of a child in a child 

restraint system, seat belt, or safety harness. I.C.A. §321.446. 

Sanctions: See note 90 

Simple misdemeanor, but described as a “Scheduled Violation”: A fine of 

$100. I.C.A. §§321.446, subsec. 4; 805.8; 805.8A, subsec. 14(c). 

First offenders who prove purchase or acquisition of a child restraint system 

“shall not be convicted.” I.C.A. §321.446, subsec. 5. 

Note: In determining license suspension action, the State is not to consider a 

violation of this requirement. I.C.A. §321.210, subsec. 2(b). 

Effect on Civil Failure to use a child restraint system, seat belt or safety harness does not 

Liability: constitute negligence nor is such failure admissible as evidence in a civil action. 

I.C.A. §321.446, subsec. 6. 

School Bus Safety 

Restraint Systems: 

Requirements: Children riding on school buses are exempt from the child restraint system 

requirements. I.C.A. §321.446. 

Motorcycle Protective 

Headgear: 

Requirements: None 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: A passenger shall not ride on any part of any vehicle unless it is expressly 

90If a child is being transported in a taxicab in a manner that is not in compliance with requirements, the parent, legal guardian or 

other responsible adult traveling with the child shall be served with a citation for a violation in lieu of the taxicab operator. 

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designed either for passenger use or designed for carrying livestock, 

merchandise or freight. I.C.A. §321.455. 

Sanctions: Simple misdemeanor but described as a “Scheduled Violation.”91 

Exemptions: None 

91I.C.A. §321.482 lists a violation of this requirement as a simple misdemeanor. However, I.C.A. §805.8A, subsec. 12(c), lists a 

fine of $100 when the violation concerns height, weight, width and load. The first part of I.C.A. §321.455 sets out restrictions for 

load on passenger-type vehicles operated on any highway. 

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KANSAS
 

STATE	 KANSAS 

General Reference: Kansas Statutes Annotated (K.S.A.) 

Seat Belts: 

Requirements: When a passenger car92 is in motion, each occupant at least age 14 or older shall 

be properly secured in a seat belt. K.S.A. §8-2503(a). 

Exemptions:	 (1) An occupant of a passenger car who possesses a written statement from a 

licensed physician that such person is unable, for medical reasons, to wear a 

seat belt system; (2) carriers of U.S. mail while actually engaged in delivery and 

collection of mail along their specified routes; or (3) newspaper delivery 

persons while actually engaged in delivery of newspapers along their specified 

routes. K.S.A. §8-2503(b). 

Enforcement Type:	 Primary Enforcement: However, law enforcement officers shall not stop 

drivers for seat belt violations by a back seat occupant in the absence of another 

violation of law. K.S.A. §8-2503(e). 

Sanctions:	 For a violation by an occupant age 18 or older, a fine of $10 and no court costs. 

For a violation by an occupant age 14-17, a fine of $60 and no court costs. 

K.S.A. §8-2504(a)(1). 

No court shall report a violation of these requirements to the department of 

revenue. K.S.A. §8-2504(b). 

Effect on Civil Evidence of failure to use a seat belt shall not be admissible in any action for the 

Liability: purpose of determining any aspect of comparative negligence or mitigation of 

damages. K.S.A. §8-2504(c). 

15-Passenger Vans: Not covered under the seat belt law. K.S.A. §8-2502. 

Child Safety Restraint 

Systems: 

Requirements: I. Under age 4 = child passenger safety restraining system; 

II. Age 4-7 weighing less than 80 lbs., or measuring less than 4 feet 9 inches = 

child passenger safety restraining system; 

III. Age 8-13, or weighing more than 80 lbs., or measuring more than 4 feet 9 

inches = safety belt.93 

K.S.A. §8-1344. 

Exemptions:	 None 

Sanctions:	 A fine of $60. A violation of this requirement is not a moving violation for 

licensing sanctions purposes. K.S.A. §8-1345(a). 

Such fine shall be waived if the driver convicted of the violation provides proof 

92A “passenger car” for purposes of the seat belt use act, is defined as a motor vehicle (including vans) manufactured or 

assembled after January 1, 1968, or a motor vehicle manufactured or assembled prior to 1968 which was manufactured or 

assembled with seat belts, designed to carry 10 passengers or fewer. It does not include a motorcycle or a motor-driven cycle. 

K.S.A. §8-2502. 93If a securing location only has a lap seat belt available, then the child shall be secured in a seat belt as set out in Section II
 

above. K.S.A. §8-1344(c).
 

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KANSAS 

to the court that he/she has purchased or acquired the appropriate and approved 

child passenger safety restraining system. K.S.A. §8-1345(b). 

However, a driver shall not be convicted if he/she produces proof that the child 

was 14 or older at the time of the violation. K.S.A. §8-1345(c). 

Effect on Civil Evidence of failure to secure a child as required shall not be admissible in any 

Liability:	 action for the purpose of determining any aspect of comparative negligence or 

mitigation of damages. Additionally, failur e to employ a child passenger 

restraint system shall not constitute negligence per se. K.S.A. §§8-1345(d); 

8-1346.94 

School Bus Safety 

Restraint Systems: 

Requirements: There is no specific statutory provision. However, “school bus” does not fit the 

definition of “passenger car” in the seat belt or child safety restraint system 

provisions. K.S.A. §§8-2505; 8-1343a; 8-1461. 

Motorcycle Protective 

Headgear: 

Requirements: No person under age 18 shall operate or ride upon a motorcycle or motorized 

bicycle unless that person is wearing federally approved protective headgear. 

K.S.A. §8-1598(a). 

Sanctions:	 Traffic Infraction: If a person pleads guilty or no contest, then a fine of not 

more than $45. K.S.A. §§8-2116(a); 8-2118(c). 

Exemptions:	 This requirement does not apply to persons who are riding within an enclosed 

cab, a golf cart, or any industrial (e.g., cargo-type) vehicle which has three 

wheels and which is commonly known as a trickster. K.S.A. §8-1598(d). 

Motorcycle Eye See note. 

95 

Protection Device: 

Requirements: No person shall operate a motorcycle unless wearing an eye-protection device 

(i.e., protective glasses, goggles or transparent shields which are shatterproof 

and impact-resistant). This requirement does not apply if the motorcycle is 

equipped with a windscreen. No person under age 18 shall ride as a passenger 

unless wearing an eye-protection device. K.S.A. §8-1598(c). 

Sanctions:	 Traffic Infraction: If a person pleads guilty or no contest, then a fine of not 

more than $45. K.S.A. §§8-2116(a); 8-2118(c). 

Passenger Age None 

Restrictions: 

Bicycle Protective 

94The law has been interpreted to include “misuse” as well as “nonuse.” Watkins v. Hartsock, 783 P.2d 1293 (Kan. 1989). 95As with the use of protective headgear, this requirement does not apply to persons who are riding within an enclosed cab, a golf 

cart, or any industrial (e.g., cargo-type) vehicle which has three wheels and which is commonly known as a truckster. K.S.A. §8­

1598(d). 

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KANSAS
 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: I. A person under age 14 is prohibited from riding upon any portion of a vehicle 

not designed or intended for passenger use. K.S.A. §8-1578a(a). 

II. A driver is not to allow a person under age 14 to ride upon any portion of a 

vehicle not designed or intended for passenger use. K.S.A. §8-1578a(b). 

Note: The above requirements only apply when the vehicle is being operated 

within the corporate limits of a city or on the State highway system. 

K.S.A. §8-1578a(d). 

Sanctions: Traffic Infraction: If a person pleads guilty or no contest, then a fine of not 

more than $60. K.S.A. §§8-2116(a); 2118(c). 

Exemption: This requirement does not apply (1) to an employee younger than 14 who is 

engaged in the necessary discharge of an employer's duties within a truck body 

which is intend for merchandise or cargo; or (2) vehicles being operated in 

parades, caravans, or exhibitions. K.S.A. §8-1578a(c). 

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KENTUCKY
 

STATE KENTUCKY 

General Reference: Kentucky Revised Statutes (KRS) 

Seat Belts: 

Requirements: No person shall operate a motor vehicle 96 (manufactured after 1981) unless the 

driver and all passengers are wearing seat belts. KRS §189.125(6). 

Exemptions: (1) Persons who possess at the time of the conduct in question a written 

statement from a physician or licensed chiropractor that they are unable to wear 

a seat belt because of medical or physical conditions; and (2) letter carriers of 

the U.S. Postal Service while they are performing their duties. 

KRS §189.125(6). 

Enforcement Type: Primary Enforcement: No statutory provisions. However, all law enforcement 

agencies shall be prohibited from erecting roadblocks for the sole purpose of 

checking for seatbelt violations. KRS §189.126. 

Sanctions: Violation: A fine of not more than $25 subject to prepayment, but not subject to 

court costs or additional fees. KRS §189.990(26). 

Effect on Civil Failure of any person to wear a seat belt shall not constitute negligence per se, 

Liability: but may be introduced for consideration in awarding damages. 

Wemyss v. Coleman, 729 S.W.2d 174 (Ky. 1987). 

15-Passenger Vans: Covered under the seat belt law. KRS §189.125(1). 

Child Safety Restraint 

Systems: 

Requirements: I. When transporting a child 40 inches in height or less, a driver of a motor 

vehicle shall secure such child in a federally approved child restraint system. 

II. When transporting a child under age 7 who is between 40-50 inches in 

height, a driver of a motor vehicle shall secure such child in a child booster seat. 

KRS §189.125(3), (4). 

Exemptions: None 

Sanctions: I. Violation: A fine of $50 subject to prepayment, but not subject to court 

costs or additional fees. KRS §189.990(24). 

II. Violation: A fine of $30 subject to prepayment, but not subject to court 

costs or additional fees. KRS §189.990(25). 

97 

Effect on Civil Failure to wear a child passenger restraint shall not be considered as 

Liability: contributory negligence, nor shall such failure be admissible as evidence in the 

trial of any civil action. KRS §189.125(5). 

School Bus Safety 

Restraint Systems: 

96A “motor vehicle” includes a vehicle that is designed to carry 15 or fewer persons. However, the term does not include: (1)
 

motorcycles; (2) motor driven cycles; or (3) farm trucks having a gross weight 1 ton or more. KRS §189.125(1). 97A first time offender may elect to acquire an approved booster seat, and upon presentation to the court, the charge shall be
 

dismissed with no fees or costs imposed. KRS §189.990(25).
 

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Requirements: There is no specific statutory provision. However, the term “school bus” is not 

directly excluded from the definitions of “motor vehicle” and “vehicle,” for 

purposes of the seat belt and restraint sections. 98 

Motorcycle Protective 

Headgear: 

Requirements: The following persons are required to wear State approved protective headgear, 

meeting standards set out by Federal Motor Vehicle Safety Standard No. 218, 

when operating or riding as a passenger on a motorcycle: (1) operators or 

passengers who are under the age of 21 (including those passengers who are 

riding in sidecar attachments); (2) any operator who possesses a motorcycle 

instruction permit; and (3) any operator who has possessed a motorcycle 

operator’s permit for less than 1 year. KRS §189.285(3). 

Sanctions: Violation: A fine of not less than $20 or more than $100. KRS §189.990(1). 

The law does not provide for any assignment of points for this requirement. 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: When operating a motorcycle, a person must use a State approved eyeprotection device. KRS §189.285(1)(b). 

Sanctions: Violation: A fine of not less than $20 or more than $100. KRS §189.990(1). 

The law does not assign points for this requirement. 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

98A school bus is exempt from the motor carrier law, except as to safety regulations. KRS §281.605. (emphasis added). 

Additionally, in Montgomery v. Midkiff, the court held while there was no statutory provision for the requirement and use of seat 

belts in a bus (a common carrier), it was a question for the jury to decide in a civil negligence matter. 770 S.W.2d 689 (Ky.App. 

1989). 

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LOUISIANA
 

STATE LOUISIANA 

General Reference: West's Louisiana Statutes Annotated: Revised Statutes (La. R.S.) 

Seat Belts: 

Requirements: When a motor vehicle99 is in forward motion, the driver and every passenger 

shall wear a seat belt. La. R.S. 32:295.1(A), (B). 

Exemptions: (1) Rural letters carriers of the U.S. Postal Service while performing official 

duties; (2) persons operating a farm vehicle within 5 miles of its principal place 

of use; (3) persons delivering newspapers; (4) utility workers in the course of 

employment who must emerge from and re-enter a passenger vehicle at frequent 

intervals, so long as the worker does not exceed 20 miles per hour while 

operating such vehicle; and (5) persons who have a physical or mental condition 

that prevents the use of a seat belt, so long as the condition is duly certified by a 

physician stating the nature of the handicap as well as the reason such restraint 

is inappropriate. In order to identify persons who satisfy this last exemption, a 

special vehicle tag shall be issued or a notation on the driver’s license shall be 

made. La. R.S. 32:295.1(C), (D). 

Enforcement Type: Primary Enforcement: A law enforcement officer has probable cause to stop a 

vehicle so long as the officer has a clear and unobstructed view of a person not 

restrained. However, a law enforcement officer may not search or inspect a 

motor vehicle, its contents, the driver, or a passenger solely because failure to 

wear a proper restraint. La. R.S. 32:295.1(F). 

Sanctions: Misdemeanor 

First offense – A fine of $25 including court costs; 

Second offense – A fine of $50 including court costs; 

Third and subsequent offense – A fine of $50 plus all court costs. 

La. R.S. 32:295.1(G)(1). 

Note: Notwithstanding any other provision of law, these are the only fines and 

costs that can be assessed against an offender, except for any person who 

violates this law in Orleans Parish (subject to an additional $20 penalty). 

La. R.S. 32:295.1(G). 

Effect on Civil Failure to wear a seat belt shall not be considered evidence of comparative 

Liability: negligence and shall not be admitted to mitigate damages. La. R.S. 32:295.1(E). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: Any driver operating a motor vehicle 100equipped with seat belts shall secure 

each child under age 13 in a proper restraint system. 101,102 

I. A child younger than age 1 or who weighs less than 20 lbs. = rear-facing 

child safety seat; 

99The requirement to use a seat belt applies to passenger cars, vans, trucks having gross vehicle weight 10,000 lbs., or less 

(commonly referred to as pickup trucks), and autocycles. However, the requirement does not apply to persons who are operating 

or riding in such vehicles manufactured prior to January 1, 1981. La. R.S. 32:295.1(A)(1), (A)(2), (B). “Autocycle” is defined as 

“an enclosed motorcycle that is equipped with seat belts, rollbar, roll cage, windshield wipers, steering wheel, and equipment 

otherwise required on a motorcycle and which has no more than three wheels in contact with the roadway at any one time.” 

La. R.S. 32:1(1.1). 

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LOUISIANA 

II. A child at least 1 but younger than 4 years or at least 20 lbs., but less than 40 

lbs. = forward-facing child safety seat; 

III. A child at least age 4 but younger than age 6 or at least 40 lbs., but not more 

than 60 lbs. = child booster seat; 103 

IV. A child at least age 6 or weighs more than 60 lbs. = seat belt adjusted and 

fastened around the child’s body or a child booster seat. La. R.S. 32:295(A). 

Exemptions:	 (1) Children being transported in a motor vehicle that is being used as an 

ambulance or other emergency vehicle; (2) adults or applicable children where 

an emergency exists which would threaten the life of any person; and (3) 

children who, because of medical reasons, cannot be secured in a child 

passenger safety system or seat belt. La. R.S. 32:295(E). 

Sanctions:	 See note. 

104
 

Misdemeanor: 

First offense - A fine of $100; 

Second offense - A fine of not less than $250 or more than $500; 

Third or subsequent offense - A fine of $500 plus all court costs. 105
 

La. R.S. 32:295(I)(1).
 

Any person whose violation is limited to failure to utilize an age- or sizeappropriate child restraint system to secure an otherwise restrained child shall
 

not be fined more than $100 including fees and court costs.
 

La. R.S. 32:295(I)(2).
 

Effect on Civil The failure to secure a child passenger safety seat system shall not be 

Liability:	 considered as comparative negligence, nor shall such failure be admissible as 

evidence in the trial of any civil action with regard to negligence. 

La. R.S. 32:295(F). 

School Bus Safety 

Restraint Systems: 

Requirements:	 Every school bus, whether public or private, must be equipped with occupant 

restraint systems. La. R.S. 17:164.2. However, for purposes of a child passenger 

safety seat system, the term “motor vehicle” does not include a school bus. 

La. R.S. 32:295(B)(1). 

100Here, the term “motor vehicle” shall not mean the following: bicycle; farm tractor; motorcycle or motor-driven cycle; truck 

carrying over 2,000 lbs.; ambulance or other emergency vehicle; school, church or private bus; recreational vehicle which has a 

passenger capacity of over 10 persons; commercial truck; van; or taxi. La. R.S. 32:295(B)(1). 101A child who because of age or weight can be placed into more than one category shall be placed into the more protective
 

category. La. R.S. 32:295(A)(3). 102When the number of children under the age of 13 exceeds the number of age- or size-appropriate passenger restraint systems
 

and seat belts available in the motor vehicle, the unrestrained children shall be seated in a rear seat, if available.
 

La. R.S. 32:295(D). 103This provision shall not apply in any seating position where there is only a lap belt available and the child weighs more than 40
 

lbs.
 104A violation involving failure to secure a child in any type of child restraint system shall be a primary offense. However, failure
 

to secure a child in an age- or size-appropriate restraint shall be a secondary offense, and a driver may be cited only if stopped for
 

a moving violation. La. R.S. 32:295(H). The failure to use a child safety restraint system shall not be considered a moving 

violation. La. R.S. 32:295(F). 105A person cannot be charged with a subsequent offense until after 24 hours have elapsed between offenses.
 

La. R.S. 32:295(G).
 

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LOUISIANA
 

Sanctions:	 The Louisiana State Board of Education may issue orders prohibiting the 

operation of any school bus that does not comply with this requirement. The 

Louisiana Department of Public Safety shall enforce those orders. 

La. R.S. 17:165. 

Motorcycle Protective See note. 

106 

Headgear: 

Requirements:	 No person shall operate or ride on a motorcycle, motor-driven cycle or 

motorized bicycle unless such person is wearing a State-approved safety helmet. 

La. R.S. 32:190(A). 

Note: A person may obtain an exemption from these requirements when 

participating in an authorized parade or other public exhibition.
 

La. R.S. 32:190(C). 

Sanctions:	 Misdemeanor: A fine of $50 that includes all court costs.
 

La. R.S. 14:7; 32:190(F).
 

Exemptions:	 This requirement does not apply “to persons operating or riding in an autocycle 

if the vehicle is equipped with a roof which meets or exceeds standards for a 

safety helmet or a roll cage.” La. R.S. 32:190(D). 

Motorcycle Eye 

Protection Device: 

Requirements:	 No person shall operate a motorcycle, or motor driven cycle unless that person 

is wearing a State approved eye protection device. This requirement does not 

apply if the vehicle is equipped with windshield or to persons riding within an 

enclosed cab. La. R.S. 32:190.1(A). 

Sanctions:	 No specific sanction is listed for this violation. Therefore, it seems the general 

sanctions for misdemeanor offenses would apply. 

Misdemeanor 

First offense - Imprisonment for not more than 30 days and/or a fine of not 

more than $175; 

Subsequent offense - Imprisonment for not more than 90 days and/or a fine of 

not more than $500.La. R.S. 14:7; 32:57(A). 

Passenger Age	 No operator shall carry or transport an infant or child who is required to be 

Restrictions:	 restrained in a rear-facing child safety seat or forward-facing child safety seat. 

A child at least 5 or older is only authorized to be a passenger if such child is 

properly seated on the motorcycle and such child is wearing a safety helmet. 

La. R.S. 32:191(E). 

Bicycle Protective See note. 

107 

106Failure to wear a safety helmet is considered negligence. As a result, a motorcycle operator or passenger who is injured in a 

traffic accident while riding on a motorcycle without wearing appropriate headgear can have any damages for injuries awarded to 

them reduced because of such a failure. Landry v. Doe, 597 So.2d 14 (La. App. 1 Cir. 1992). 107The law also provides that a parent, guardian or other person responsible for a child’s safety and welfare shall not “knowingly 

allow” a child who weighs less 40 lbs., or is under 40 inches in height to be a passenger on a bicycle unless he/she is “properly 

seated in and adequately recurred to a restraining seat.” La. R.S. 32:199(B)(2). A “restraining seat” is defined to mean “a seat 

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LOUISIANA 

Headgear: 

Requirements: A parent, guardian, or other person responsible for a child’s safety and welfare 

shall not “knowingly allow” a child under 12 to operate or ride as a passenger 

on a bicycle without wearing an approved helmet. La. R.S. 32:199(B)(1). 

Sanctions: Even though a citation can be issued for a violation of this requirement, the law 

specifically provides that “no civil penalties or court costs shall be assessed for 

any violation of this section.” La. R.S. 32:199(F). 

Note: The law provides that a citation for a violation of this section is not prima 

facie evidence of negligence. However, comparative negligence laws do apply. 

La. R.S. 32:199(D). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: A person under age 12 is prohibited from riding: (1) in the open bed of a truck 

with a gross weight of 6,000 lbs., or less (i.e., a pickup truck); or (2) in a utility 

trailer. La. R.S. 32:284(C). No person of any age shall ride in the open bed of a 

truck (pickup truck) if such truck is moving upon an interstate highway. La. 

R.S. 32:284(D). 

Sanctions: Misdemeanor 

First offense – A term of imprisonment of not more than 30 days and/or a fine 

of not more than $175; 

Subsequent offense – A term of imprisonment of not more than 90 days and/or 

a fine of not more than $500. 

La. R.S. 14:7;32:57(A). 

Exemptions: This prohibition does not apply: (1) if the pickup truck is traveling not more 

than 15 mph and is participating in an authorized parade; or (2) in emer gency 

situations if the child is accompanied within the truck bed by an adult. 

La. R.S. 32:284(C). 

separate from the saddle seat of the operator of the bicycle that is fastened securely to the frame of the bicycle and is adequately
 

equipped to restrain the passenger in such seat and protect such passenger from the moving parts of the bicycle.”
 

La. R.S. 32:199(A)(5).
 

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MAINE
 

STATE	 MAINE 

General Reference: Maine Revised Statutes Annotated (M.R.S.A.) 

Seat Belts: 

Requirements:	 I. The operator of a vehicle 108 and any passenger age 18 or older shall be 

properly secured in a seat belt. Those passengers age 18 or older are responsible 

for securing themselves in a seat belt. 29-A M.R.S.A. §2081(3-A). 

Exemptions:	 Drivers or passengers possessing a physician’s certificate documenting a 

medical condition that warrants an exemption from the seat belt requirement. 

The certificate is valid for the period designated by the physician, which may 

not exceed one year. 29-A M.R.S.A. §2081(4)(A-1). Additionally, the following 

exceptions apply: (1) rural mail carriers of the U.S. Postal Service while 

engaged in the delivery of mail; (2) an operator of a taxicab or a limousine is 

not responsible for securing in a seat belt a passenger transported for a fee; and 

(3) a newspaper delivery person while engaged in the actual delivery of 

newspapers or performing newspaper delivery duties that require fr equent entry 

into and exit from a vehicle. 29-A M.R.S.A. §2081(6). 

Enforcement Type:	 Primary Enforcement: There is no statutory provision. 109 

Sanctions:	 Traffic Infraction: 

First offense: A fine of $50; 

Second offense: A fine of $125; 

Third and subsequent offenses: A fine of $250. 

These fines cannot be suspended. The law does not appear to assign points for a 

violation of these requirements. 29-A M.R.S.A. §§2081(3-A); 2458(3). 

Effect on Civil The nonuse of a seat belt by either the vehicle operator or a passenger is not 

Liability: admissible in evidence in a civil or criminal trial, except in a trial for a violation 

of this requirement. 29-A M.R.S.A. §2081(5). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. A child who weighs less than 40 lbs. shall be secured in a child safety seat. 

II. A child under age 8 who weighs at least 40 lbs., but less than 80 lbs., shall be 

secured in a child restraint system. 

IV. A child under age 12 and less than 100 lbs., shall be secured in a rear seat of 

a vehicle, if possible.29-A M.R.S.A. §2081(2), (3). 

Exemptions:	 Unless the vehicle is operated by a person under 21 years, the requirements do 

not apply to a passenger over one year of age when the number of passengers 

exceeds the vehicle seating capacity and all of the seat belts are in use. 

29-A M.R.S.A. §2081(4)(A). 

108 The requirement to use a seat belt or child safety seat only applies to persons occupying vehicles that are required to be 

equipped with seat belts under Federal law. 29-A M.R.S.A. §2081(2), (3), (3-A). 109Subsection 4(E) of §2081 of Title 29-A M.R.S.A was repealed on April 30, 2007. Therefore, an officer may enforce a seat belt 

violation on his/her own. However, an officer may not inspect or search a vehicle, the contents of a vehicle, the driver or a 

passenger in a vehicle solely because of a seat belt violation. 29-A M.R.S.A. §2081(3-A). 

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MAINE
 

Sanctions:	 I. Traffic Infraction: 

First offense - A fine of $50; 

Second offense – A fine of $125; 

Third and subsequent offenses – A fine of $250.
 

No fine may be suspended by the court. 29-A M.R.S.A. §2081(2), (3). 

The law does not appear to assign points for a violation of these requirements. 

29-A M.R.S.A. §2458(3). 

Effect on Civil The failure to secure a child in a child safety seat is not admissible in evidence 

Liability: in a civil or criminal trial, except in a trial for a violation of this requirement. 

29-A M.R.S.A. §2081(5). 

School Bus Safety 

Restraint Systems: 

Requirements: The operator and passengers in a school bus equipped with safety seat belts 

shall wear those belts when the vehicle is in motion. 29-A M.R.S.A. §2304(4). 

Sanctions: Traffic Infraction: A fine of not less than $25 or more than $500, and/or 

suspension of license. 29-A M.R.S.A. §§103(3); 104. 

Motorcycle Protective See note. 

110 

Headgear: 

Requirements:	 The following persons must wear protective headgear conforming with 

minimum standards of construction and performance as prescribed by the 

American National Standards Institutes or by the Feder al Motor Vehicle Safety 

Standard No. 218: 

(1) A passenger on a motorcycle or in an attached side car who is under age 18; 

(2) An operator of a motorcycle who is under age 18; 

(3) An operator of a motorcycle, operating under a learner’s per mit or within 

1year of successfully completing a driving test; and 

(4) A passenger of an operator required to wear headgear. 

29-AM.R.S.A. §2083(1). 

Sanctions:	 Traffic Infraction: A fine of not less than $25 nor more than $500, and/or 

suspension of license. 11129-A M.R.S.A. §§103(3); 104; 2083(5). 

The law does not appear to assign points for a violation of these requirements. 

29-A M.R.S.A. §§2458(3); 101(44); 103(1). 

Exemptions:	 None 

Motorcycle Eye 

Protection Device: 

110In a case involving an all-terrain vehicle, a Federal appellate court held that, under Maine law, failure to wear a helmet may be 

taken into consideration for purposes of barring recovery of damages or reducing the amount recovered. Rodgers v. American 

Honda Motor Co., 46 F.3d 1 (1st Cir. 1995). 111This sanction applies to any operator, parent, or guardian who allows a passenger younger than 18 to ride a vehicle in violation 

of these requirements. 29-A M.R.S.A. §2083(2). 

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MAINE
 

Requirements: None 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: A person under 16 years who is an operator or a passenger on a bicycle on a 

public roadway or public bikeway must wear a helmet. 

29-A M.R.S.A. §2323. Note: Passengers riding on a bicycle taxi or a bicycle 

designed to carry passengers are exempt from this requirement. 

29-A M.R.S.A. §§2322(5); 2327. 

Sanctions: Civil Violation: 

First violation: A law enforcement officer may provide bicycle safety 

information to the person and that person’s parent or guardian; 

Second violation: A forfeiture of no more than $25 may be adjudged. However, 

the fine may be waived if a person presents proof of purchase of a bicycle 

helmet since the citation. 29-A M.R.S.A. §2326. 

Admissibility of Evidence: In an accident involving a bicycle, the nonuse of a 

helmet by the operator or passenger is not admissible as evidence in a civil or 

criminal trial. 29-A M.R.S.A. §2328. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: When riding in a pickup truck, a passenger under 19 years must ride in the 

passenger compartment. 29-A M.R.S.A. §2088(1). 

Sanctions: Traffic Infraction: A fine of not less than $25 nor more than $500, and/or 

suspension of license. 29-A M.R.S.A. §§103(3); 104. 

Exemptions: This requirement does not apply to the following: 

(1) Workers or trainees, including agricultural workers or trainees, engaged in 

the necessary discharge of their duties or training, or being transported between 

work or training locations; 

(2) Licensed hunters being transported to or from a hunting location, as long as 

those persons are in compliance with all laws pertaining to possession and 

transportation of firearms in a motor vehicle; 

(3) Participants in parades; 

(4) A passenger secured by a seat belt in a manufacturer-installed seat located 

outside the passenger compartment; or 

(5) Campers and hikers being transported in Baxter State Park. 

29-A M.R.S.A. §2088(2). 

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MARYLAND 

STATE MARYLAND 

General Reference: Annotated Code of Maryland 

Most references are to the Transportation Article (MD Code, Transportation) 

Code of Maryland Regulations (COMAR) 

Seat Belts: 

Requirements: I. A person may not operate a motor vehicle112 unless that person and any 

passenger under 16 years are secured in seat belts (or child safety seats). 

MD Code, Transportation, §22-412.3(b). 

II. Persons 16 or older may not be passengers in an "outboard front seat" 113 or a 

rear seat of a motor vehicle unless such persons are restrained in seat belts. 

MD Code, Transportation, §22-412.3(c). 

Provisional Licenses: Drivers under age 18 must have a restriction placed on 

their driving privileges that prohibits them from operating motor vehicles unless 

they and all of their passengers are secured in seat belts. The restriction expires 

on the date the holder turns age 18. The medical exemptions of that law apply. 

MD Code, Transportation, §16-113(d-1). A person who violates a restriction on 

his/her license commits a misdemeanor and is subject to a fine of not more than 

$500. MD Code, Transportation, §§27-101(b); 27-102. 

Exemptions: (1) Persons who cannot use a seat belt for physical or medical reasons so long 

as they possess in writing a certified statement by a physician who is licensed 

and practices in Maryland, listing the nature of the physical disability and 

reason the restraint is inappropriate; and (2) U.S. Postal Service carriers or 

contractors while delivering mail to local box routes. 

MD Code, Transportation, §22-412.3(d), (e), (f). 

Enforcement Type: Primary Enforcement. There is no statutory provision. 114 

Sanctions: Misdemeanor: A fine of not more than $50. 

MD Code, Transportation, §§22-412.3(k). 

Note: A violation of this requirement is not considered a moving violation for 

licensing sanction purposes. MD Code, Transportation, §22-412.3(g). No 

points are assessed for a violation of this requirement. 

MD Code, Transportation, §16-402. 

112The term “motor vehicle” means a vehicle that is a Class A (passenger), Class E (truck), Class F (tractor), Class M
 

(multipurpose), or Class P (passenger bus) which are required to be equipped with seat belts under Federal law. However, the
 

term does not include a Class L (historic) vehicle. MD Code, Transportation, §22-412.3(a)(2). Note: Operators or passengers
 

of/in the following motor vehicles are exempt from using a seat belt by reason of the fact that such vehicles are excluded from
 

the list of classifications of motor vehicles covered by the seat belt use law (MD Code, Transportation, §22-412.3(a)(2)): (1) most
 

vehicles for hire vehicles, e.g., taxicabs; (2) ambulances, mortician flower coach/service wagons, funeral limousine/coach; (3)
 

motorcycles; (4) trailers or semi-trailers; (5) school buses/vehicles; (6) vanpool vehicles; (7) farm vehicles operated only on a
 

farm or within 10 miles of a farm; (8) historic vehicles, i.e., vehicles that are at least 20 years old; (9) “street rod” vehicles, e.g.
 

vehicles that are at least 25 years old which have been substantially modified from the manufacturer’s original design; and (10)
 

limousines. MD Code, Transportation, §§11-165; 13-912 et seq.
 113An “outboard front seat” means a front seat position that is adjacent to a door of a motor vehicle. MD Code, Transportation,
 

§22-412.3(a)(3).

114A law enforcement officer may stop a vehicle when he has reasonable belief a crime, even a minor traffic infraction, is being
 

committed. See Herring v. State, 16 A.3d 246 (Md.App. 2011)(holding, as a general matter, the decision to stop an automobile is
 

reasonable where the police have probable cause to believe that a traffic violation has occurred) (citing Whren v. United States,
 

517 U.S. 806 (1996))
 

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MARYLAND 

Effect on Civil 

Liability: 

The failure to use a seat belt may not be considered: (1) as evidence of 

negligence; (2) as evidence of contributory negligence; (3) to limit liability of a 

party or insurer; or (4) to diminish recovery for damages arising out of the 

ownership, maintenance or operation of a motorcycle. 115 

MD Code, Transportation, §22-412.3(h)(1). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. A person transporting a child under age 8 in a motor vehicle116 shall secure 

the child in a child safety seat, unless the child is 4 feet, 9 inches tall or taller. 

MD Code, Transportation, §22-412.2(d). 

II. A person transporting a child under age 16 shall secure the child in a child 

safety seat or a seat belt. MD Code, Transportation, §22-412.2(e). 

Note: A child safety seat or seat belt may not be used to restrain, seat or 

position more than one individual at a time. MD Code, Transportation, §22­

412.2(g). 

Provisional Licenses: Drivers under 18 must have a restriction placed on their 

driving privileges that prohibits them from operating a motor vehicle unless 

they comply with the requirements of the child safety restraint law. The medical 

exemptions of that law apply. MD Code, Transportation, §16-113(d-1). A 

person who violates a restriction commits a misdemeanor and is subject to a 

fine of not more than $500. MD Code, Transportation, §§27-101(b); 27-102. 

Exemptions: (1) Children whose weight, physical unfitness, or medical condition prevent the 

practical use of such a restraint, and such condition is certified in writing by a 

physician licensed to practice in Maryland; (2) children where the number of 

children riding in the vehicle exceeds the number of available seat belts in the 

vehicle. MD Code, Transportation, §22-412.2(f). 

Sanctions: Misdemeanor: A fine of $25. However a judge may waive the fine if the 

person charged with the violation: (1) did not possess a child safety seat at the 

time of the violation; (2) acquires a child safety seat prior to the hearing date; 

and (3) provides proof of acquisition to the court. MD Code, Transportation, 

§22-412.2(k). 

Note: A violation of this requirement is not considered a moving violation for 

licensing sanction purposes. MD Code, Transportation, §22-412.2(i). 

No points are assessed for a violation of this requirement. 

MD Code, Transportation, §16-402. 

Effect on Civil 

Liability: 

A violation of this requirement is not contributory negligence and may not be 

admitted as evidence in the trial of any civil action. MD Code, Transportation, 

§22-412.2(h). 

115However, such evidence is admissible where the damages alleged are related to a defect in the design or manufacture of the
 

seat belt. MD Code, Transportation, §22-412.3(h)(2), (3). 116The term “motor vehicle” as used in this section means a passenger vehicle, truck or multipurpose vehicle.
 

MD Code, Transportation, §22-412.2(c).
 

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MARYLAND 

School Bus Safety 

Restraint Systems: 

Requirements: The seat belt and child safety seat requirements do not apply to school buses or 

school vehicles. MD Code, Transportation, §§11-154; 13-932; 22-412.3(a)(2). 

Motorcycle Protective 

Headgear: 

Requirements: Persons shall not operate or ride on a motorcycle unless wearing State-approved 

protective headgear that conforms to Federal Motor Vehicle Safety Standard 

No. 218. 

117 MD Code, Transportation, §21-1306(b); COMAR 11.13.05.02. 

Sanctions: Misdemeanor: A fine of not more than $500. MD Code, Transportation, §27­

101(a), (b). Note: No points are assessed for a violation of this requirement. 

MD Code, Transportation, §16-402. 

Exemptions: This requirement does not apply to persons riding in an enclosed cab. 

MD Code, Transportation, §21-1306(a). 

Motorcycle Eye 

Protection Device: 

Requirements: A person shall not operate or ride on a motorcycle unless he/she is wearing a 

State-approved eye-protection device or using a windscreen. 

MD Code, Transportation, §21-1306(c). Note: This requirement does not apply 

to persons riding in an enclosed cab. MD Code, Transportation, §21-1306(a). 

Sanctions: Misdemeanor: A fine of not more than $500. MD Code, Transportation, §27­

101(a), (b). Note: No points are assessed for a violation of this requirement. 

MD Code, Transportation, §16-402. 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: Any rider under age 16 may not ride or be a passenger on a bicycle on a 

highway unless that person wears a nationally approved helmet. 118 

MD Code, Transportation, §21-1207.1(a)(1)(ii), (c). 

Sanctions: A person violating this requirement is issued a warning that informs him/her of 

the requirements and provides educational materials about bicycle helmet use. 

MD Code, Transportation, §21-1207.1(d). 

No points are assessed for a violation of this requirement. 

MD Code, Transportation, §16-402. 

117 The failure to use protective headgear may not be considered as evidence of negligence or contributory negligence, or limit 

liability of a party or insurer, or diminish recovery for damages arising out of the ownership, maintenance, or operation of a 

motorcycle. MD Code, Transportation, §21-1306(e)(1). However, such evidence is admissible where the damages alleged are 

related to a defect in the design or manufacture of the headgear.

118 This requirement does not apply to: (1) passengers riding in commercial bicycle rickshaws; or (2) persons riding bicycles on 

certain segments of the boardwalk in Ocean City, Maryland. MD Code, Transportation, §21-1207.1(a)(2) , (b). 

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MARYLAND 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: I. A person may not operate a truck119 on a highway while a passenger under 

age 16 is riding in the unenclosed bed of the vehicle. 

MD Code, Transportation, §21-1121(c). 

II. A person may not occupy the cargo area of a truck, truck/trailer, or truck 

tractor/semi-trailer or trailer combination where any of these vehicles has a 

gross vehicle weight of 10,001 lbs., or more and is being operated on a 

highway.MD Code, Transportation, §21-1107(a), (b). 

Sanctions: Misdemeanor: A fine of not more than $500. MD Code, Transportation, §27­

101(a), (b). No points are assessed for a violation of this requirement. 

MD Code, Transportation, §16-402. 

Exemptions: I. The prohibition in I does not apply if: (1) the vehicle is traveling not more 

than 25 mph; (2) an employee is being transported to a work site; or (3) an 

individual is engaged in farming operations. MD Code, Transportation, §21­

1121(b)(1). Note: These exemptions do not eliminate the requirements to use 

child safety seat or seat belts. MD Code, Transportation, §21-1121(b)(2). 

II. The prohibition in II does not apply to: (1) a person delegated to care for 

livestock; (2) a vehicle controlled or operated by a farmer where such vehicle: 

(a) is being used to transport agricultural products, farm machinery or farm 

supplies to or from a farm; (b) is not used in operations of a common or contract 

motor carrier; and (c) is used within 150 miles of the farm; (3) a vehicle owned 

or operated by the U.S. Department of Defense and operated either by activeduty personnel or by reserve or National Guard personnel while on either active 

duty or on part-time training; or (4) a vehicle traveling at a speed of not more 

than 25mph. MD Code, Transportation, §21-1107(c). 

119Such truck, registered as a Class E vehicle has a capacity 3⁄4 ton or less and a gross vehicle weight which does not exceed 7,000 

lbs.MD Code, Transportation, §§13-917; 21-1121(a). 

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MASSACHUSETTS
 

STATE MASSACHUSETTS 

General Reference: 

Seat Belts: 

Massachusetts General Laws Annotated (M.G.L.A.) 

Requirements: No person shall operate or ride in a private passenger motor vehicle, vanpool 

vehicle or truck weighing less than 18,000 lbs., unless that person is secured in 

a seat belt. M.G.L.A. 90 §13A. 

Exemptions: (1) Any persons riding in a motor vehicle manufactured before July 1, 1966; (2) 

any person who is physically unable to use a seat belt, provided such condition 

is certified by a physician who states the nature of the condition and the reason 

such restraint is inappropriate; (3) rural carriers of the U.S. Postal Service while 

performing official duties; (4) anyone involved in the operation of taxis, 

liveries, tractors, trucks with a gross weight 18,000 lbs., or over; (5) buses; (6) 

passengers of authorized emergency vehicles; and (7) the side facing seat on 

which the factory did not install a seat belt in any car owned for the purpose of 

antique collection. M.G.L.A. 90 §13A. 

Enforcement Type: Secondary Enforcement: A law enforcement officer can only enforce this 

provision when a vehicle operator has been stopped for a violation of other 

provisions of law. M.G.L.A. 90 §13A. 

Sanctions: Civil Motor Vehicle Infraction: A fine of $25. 

120 

M.G.L.A. 90 §13A; 90C § 1. 

Note: A violation of this requirement shall not be considered as a conviction of 

a moving violation of the motor vehicle laws for the purpose of determining 

surcharges on motor vehicle premiums. M.G.L.A. 90 §13A. 

Effect on Civil 

Liability: 

There are no statutory provisions. 121 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. Any passenger in a motor vehicle who is under age 8 shall be fastened and 

secured by a child passenger restraint unless such passenger is more than 57 

inches in height. 

II. If such child is more than 57 inches in height and under age 13, then he/she 

shall wear a seat belt. M.G.L.A. 90 §7AA. 

Exemptions: This requirement does not apply to any such child who is: (1) riding as a 

passenger in a school bus; (2) riding in a motor vehicle made before July 1, 

1966, that is not equipped with seat belts; and (3) to a child who for physical 

reasons cannot use a child passenger restraint system, so long as such condition 

120Vehicle operators and passengers age 16 or older in violation of this requirement are subject to a fine of $25. However, if the 

offender is a passenger at least 12 years but less than 16 years, the vehicle operator is subject to an additional fine of $25 for each 

such passenger who was not wearing a seat belt. M.G.L.A. 90 §13A. 121The State Supreme Court has not addressed the issue of whether the nonuse of a seat belt can be used to mitigate damages or 

be considered as contributory negligence. The court refused to consider such issue in one case because no evidence was presented 

to show that seat belt nonuse was causally related to plaintiff’s injuries. Shahzade v. C.J. Mabardy, Inc., 586 N.E.2d 3 (Mass. 

1992). 

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Sanctions: 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

Sanctions: 

MASSACHUSETTS 

is certified in writing by a physician who shall State the nature of the disability 

as well as the reasons such restraints are inappropriate. M.G.L.A. 90 §7AA.
 

Civil Motor Vehicle Infraction: The vehicle operator is subject to a fine of not
 

more than $25. This sanction does not apply to an operator of a taxicab that is
 

not equipped with a child passenger restraint device. M.G.L.A. 90 §7AA; 

90C § 1. 

Note: A violation of these requirements is not considered a moving violation for
 

the purpose of determining surcharges on motor vehicle premiums.
 

M.G.L.A. 90 §7AA. 

A violation of this requirement shall not be used as evidence of contributory 

negligence in any civil action. M.G.L.A. 90 §7AA. 

The child passenger restraint requirement does not apply to any child riding as a 

passenger in a school bus. M.G.L.A. 90 §7AA. However, M.G.L.A. 90 §7D 

states that no person shall operate a school vehicle carrying not more than 8 

passengers unless the operator and all passengers are wearing a seat belt. And, 

M.G.L.A. 90 §7B requires every school bus to be equipped with a safety belt for 

the operator which must be used while in operation. 

Every person operating or riding on a motorcycle or riding in a motorcycle
 

sidecar shall wear State approved protective headgear. M.G.L.A. 90 §7.
 

Civil Motor Vehicle Infraction: 

First offense - A fine of not more than $35;
 

Second offense (within 12 months) - A fine of not less than $35 or more than 

$75; 

Subsequent offense (within 12 months) - A fine of not less than $75 or more
 

than $150. M.G.L.A. 90 §20; 90C §1.
 

None 

If a motorcycle is not equipped with a windshield or screen, the operator of such 

vehicle shall wear eyeglasses, goggles, or a protective face shield. 

M.G.L.A. 90 §7. 

Civil Motor Vehicle Infraction: 

First offense - A fine of not more than $35;
 

Second offense (within 12 months) - A fine of not less than $35 or more than 

$75; 

Subsequent offense (within 12 months) - A fine of not less than $75 or more
 

than $150. M.G.L.A. 90 §20; 90C §1.
 

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MASSACHUSETTS
 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: Any person 16 or younger operating a bicycle or being carried as a passenger on 

a bicycle on a public way, bicycle path or any other public right-of-way shall 

wear a nationally approved helmet. 122 This requirement does not apply if the 

person is in an enclosed trailer or other device that holds the person in place and 

protects the person’s head from impact in an accident. 

M.G.L.A. 85 §11B(2)(iii). 

Sanctions: Civil Disposition: A fine of not more than $20. 

M.G.L.A. 40 §21(16B); 85 §11B. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person shall operate a pickup truck for a distance of mor e than 5 miles and 

in excess of 5 mph with persons under age 12 in the body of such truck. 

M.G.L.A. 90 §13. 

Sanctions: Civil Motor Vehicle Infraction: 

First offense - A fine of not more than $35; 

Second offense (within 12 months) - A fine of not less than $35nor more than 

$75; 

Subsequent offense (within 12 months) - A fine of not less than $75 nor more 

than $150. M.G.L.A. 90 §20; 90C §1. 

Exemptions: This requirement does not apply to pickup trucks used in an official parade 

where such truck has affixed to it a legal “Owner Repair” or “Farm” license, or 

to a pickup truck engaged in farming activities. M.G.L.A. 90 §13. 

122A violation of this requirement shall not be used as evidence of contributory negligence in any civil action. 

M.G.L.A. 85 §11B(2)(iv). 

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MICHIGAN
 

STATE	 MICHIGAN 

General Reference: Michigan Compiled Laws Annotated (M.C.L.A.) 

Seat Belts: 

Requirements: See note. 

123 

Each operator and front seat passenger of a motor vehicle operated on a street or 

a highway shall wear a properly adjusted and fastened seat belt. 

M.C.L.A. §257.710e(3). 

Additionally, a person operating or riding in an autocycle shall wear seat belts
 

when on a public highway. M.C.L.A. §257.658(8).
 

Exemptions:	 (1) A motor vehicle manufactured before January 1, 1965; (2) a bus; (3) a 

motorcycle; (4) a moped; (5) a motor vehicle if the operator or passenger 

possesses a written verification from a physician that the operator or passenger is 

unable to wear a seat belt for physical or medical reasons; (6) a motor vehicle 

that is not required to be equipped with seat belts under Federal law; (7) a 

commercial or United States Postal Service vehicle that makes frequent stops for 

the purpose of pickup or delivery of goods or services; (8) a motor vehicle 

operated by a rural carrier of the United States Postal Service while serving 

his/her rural postal route; or (9) a passenger of a school bus. 

M.C.L.A. § 257.710e(1), (2). 

Enforcement Type:	 Primary Enforcement: However, enforcement shall be accomplished only as a 

secondary action if the Office of Highway Safety Planning certifies that there 

has been less than 80% compliance with the seat belt requirements during the 

preceding year. M.C.L.A. §257.710e(6). 

Sanctions:	 Civil Infraction: A fine (including court costs) of $25. M.C.L.A. §§257.6a; 

257.710e(8); 257.907(2). Points shall not be assessed against an offender's 

driver record for a violation. M.C.L.A. §257.710e(13). 

Effect on Civil Failure to wear a seat belt may be considered evidence of negligence and may 

Liability: reduce the recovery for damages by not mor e than 5%. 124 

M.C.L.A. §257.710e(7). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: See note.125 

I. Each driver transporting a child less than age 4 in a motor vehicle shall 

properly secure that child in a federally approved child restraint system. 

123If there are more passengers than seat belts available for use, and all seat belts are being utilized, the operator of the motor
 

vehicle is held to be in compliance with this requirement. M.C.L.A. §257.710e(4). 124In situations where an “unbelted” rear-seat passenger is injured, evidence of seat belt nonuse may be admitted as evidence “to
 

support an affirmative defense” of comparative negligence. Lowe v. Estate Motors Ltd, 410 N.W.2d 706 (Mich. 1987) (rehearing
 

denied, 414 N.W.2d 137 (1987)).
 125If there are more children than seat belts available for use, a child age 8 or older but less than 16, shall sit in the back seat. If,
 

however, the motor vehicle is a pickup truck without an extended cab or jump seats, then the child shall sit in the front seat
 

without a seat belt. M.C.L.A. §257.710e(5). Additionally, if all available rear seats are occupied by children under the age of 4,
 

then a child under the age of 4 may be positioned in the child restraint system in the front seat. A child in a rear-facing child
 

restraint system may be placed in the front seat only if the front passenger air bag is deactivated. M.C.L.A. §257.710d(2).
 

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MICHIGAN
 

Exemptions: 

Sanctions: 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

M.C.L.A. §257.710d(1). 

II. A child who is age 4 or older but less than 8 and who is less than 4 feet 9 

inches in height shall be properly secured in a child restraint system. 

M.C.L.A. §257.710e(3)(b). 

III. A child 4 years or older but less than 16 in a motor vehicle shall be secured 

in a seat belt, unless such child is younger than 8 and less than 4 feet, 9 inches 

in height. M.C.L.A. §257.710e(5). 

(1) A bus, school bus, taxicab, moped, motorcycle, or other motor vehicle not 

required to be equipped with seat belts under Federal law or regulation; and (2) 

the “class” of children who are exempt by the State Secretary of State because 

of physical unfitness, a medical problem, or body size. M.C.L.A. §257.710d 

(3), (6). 

Civil Infraction: A fine of not more than $10. M.C.L.A. §§257.6a; 

257.710d(4); 257.907(2). Points shall not be assessed against an offender's 

driver record. M.C.L.A. §257.710d(5). The court shall waive any civil fine, 

cost, or assessment if, before the appearance date on the citation, the person 

who received the civil infraction supplies the court with evidence of acquisition, 

purchase or rental or a child seating system. M.C.L.A. §257.907(12). 

Failure to wear a seat belt may be considered evidence of negligence and may 

reduce the recovery for damages by not mor e than 5 percent. 

M.C.L.A. §257.710e(7). 

A school bus is exempt from the seat belt and child restraint system 

requirements. M.C.L.A. §§257.710d; 257.710e. 

I. A person under age 19 operating a moped on a thoroughfare shall wear a 

crash helmet. A person 21 years or older who is operating a motorcycle is not 

required to wear a crash helmet if he or she has had a motorcycle endorsement 

on his or her operator's or chauffeur's license for not less than 2 years or the 

person passes a motorcycle safety course, and must carry at least $20,000 in 

medical insurance. M.C.L.A. §257.658(4), (5). 

Civil Infraction: A fine whose amount shall be established by the State court 

administrator and district court. M.C.L.A. §§257.6a; 257.656; 257.907(7), (8). 

None 

A person who is operating a motorcycle without a windshield and is traveling in 

excess of 35 mph must wear goggles, a transparent face shield or eyeglasses. 

M.C.L.A. §257.708a 

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MICHIGAN
 

Sanctions: Misdemeanor: A violation of the requirement to use an eye protection device 

appears to be a misdemeanor, since no other penalty is prescribed. 

The sanctions for a misdemeanor are imprisonment for not more than 90 days 

and/or a fine of not more than $100. M.C.L.A. §§257.708a; 257.901. It appears 

the law does not assign points for a violation of this requirement. 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: A motor vehicle operator shall not allow a person younger than 18 to ride in the 

open bed of a pickup truck on any highway, road or street in a city, village or 

township at a speed greater than 15 mph. M.C.L.A. §257.682b(1). 

Sanctions: Civil Infraction: A fine of not less than $100 or more than $500. 

M.C.L.A. §§257.682b(3); 257.6a; 257.907(2). 

Exemptions: This requirement does not apply to: (1) motor vehicles operated as part of an 

authorized parade; (2) military vehicles; (3) authorized emergency vehicles; (4) 

motor vehicles controlled or operated by an employer or an employee of a farm 

operation, construction business or similar enterprise during the course of 

employment; and (5) motor vehicles used to transport search and rescue teams 

to and from an emergency site. M.C.L.A. § 257.682b(2). 

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MINNESOTA
 

STATE MINNESOTA 

General Reference: Minnesota Statutes Annotated (M.S.A.) 

Seat Belts: 

Requirements: The driver and passengers of a passenger or commercial motor vehicle 126 shall 

wear a seat belt. M.S.A. §169.686, subd. 1(a). 

Exemptions: (1) A person driving in a passenger vehicle in reverse; (2) a person riding in a 

vehicle in which all the seating positions equipped with seat belts are occupied 

by other persons in seat belts; (3) a person who is in possession of a written 

certificate from a licensed physician verifying that because of medical unfitness 

or physical disability the person is unable to wear a seat belt; (4) a person who 

is actually engaged in work that requires the person to alight from and reenter a 

motor vehicle, traveling 25 mph or less, at frequent intervals; (5) a rural mail 

carrier of the U.S. Postal Service or a newspaper delivery person while in the 

performance of duties; (6) a person driving or riding in a passenger vehicle 

manufactured before January 1, 1965; and (7) a person driving or riding in a 

pickup truck while engaged in normal farming work or activity. 

M.S.A. §169.686, subd. 2. 

Enforcement Type: Primary Enforcement 

Sanctions: Petty Misdemeanor: A fine of $25. 

127 M.S.A. §§169.89, subd. 2; 169.686, 

subd. 1(b). Note: A violation of this requirement shall not be recorded on an 

offender's driver record. M.S.A. §169.686, subd 1. 

Additionally, a person may be required to attend a driver improvement clinic 

located within 35 miles from the person’s residence. Failure or refusal to 

comply with an order to attend an approved driver improvement clinic may 

subject the offender to a license, permit, etc., suspension of up to 30 days. 

M.S.A. §169.89, subd. 5. 

Effect on Civil Evidence of either the use or the failure to use a seat belt shall not be admissible 

Liability: in evidence in any litigation involving personal injuries or property damage 

resulting from the use or operation of any motor vehicle. M.S.A. §169.685, 

subd. 4(a). 

128 

15-Passenger Vans: Covered under the seat belt law. M.S.A. §169.686, subd. 1(a). 

Child Safety Restraint 

Systems: 

Requirements: No motor vehicle operator may transport a child under age 8 and shorter than 4 

feet 9 inches on any street or highway unless such child is properly fastened in a 

federally approved child passenger restraint system. M.S.A. §169.685, subd. 5. 

Exemptions: (1) A person transporting a child in an emergency medical vehicle while in the 

126Under State law, the following types of motor vehicles are not required to be equipped with seat belts: (1) bus; (2) school bus; 

(3) motorcycle; (4) motorized bicycle; (5) farm tractor; (6) road tractor; and (7) truck. M.S.A. §169.685, subd. 1. 127Individuals age 15 or older who violate I or II, above, are personally responsible for their actions, and subject to a fine of $25. 

The driver is responsible for a violation by his own child under age 15, or any child under age 11. M.S.A. §169.686, subd.1(b).
 128The law does not affect the right of a person to bring an action for damages in a products liability case, nor does it prohibit the
 

introduction of evidence pertaining to the use of a seat belt in such action.
 

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MINNESOTA 

performance of official duties when the physical or medical needs of the child 

make the use of a child passenger restraint system unreasonable, or when such 

restraint system is unavailable; (2) a peace officer transporting a child while in 

the performance of official duties and when a restraint system is not available, 

provided that a seat belt must be substituted; (3) a person while operating a 

motor vehicle for hire, including a taxi, airport limousine, and bus (but 

excluding a rented, leased, or borrowed motor vehicle); (4) children who 

cannot, in the judgment of a licensed physician, be safely transported in a child 

passenger restraint system because of a medical condition, body size, or 

physical disability; and (5) a person while operating a school bus with a gross 

vehicle weight rating of greater than 10,000.M.S.A. §§169.685, subd. 6; 

169.011, subd. 71. 

Sanctions:	 Petty Misdemeanor: A fine of not more than $50. M.S.A. §169.685, subd. 

5(b). The fine may be waived or the amount reduced if the motor vehicle 

operator proves that, within 14 days after the date of the violation, he obtained 

or purchased a federally approved child passenger restraint system. 

Additionally, a person may be required to attend a driver improvement clinic 

located within 35 miles from the person’s residence. Failure or refusal to 

comply with an order to attend an approved driver improvement clinic may 

subject the person to a license, permit, etc., suspension of up to 30 days. 

Effect on Civil Evidence of either the use of or the failure to use a child passenger restraint 

Liability:	 system shall not be admissible in evidence in any litigation involving personal 

injuries or property damage resulting from the use or operation of any motor 

vehicle. M.S.A. §169.685, subd. 4(a). 

129 

School Bus Safety 

Restraint Systems: 

Requirements: School buses and Head Start buses must be equipped with driver seat belts. 

Operators of school buses and Head Start buses shall wear a properly adjusted 

and fastened seat belt. M.S.A. §169.447, subd. 2. 

A school bus may be equipped with a lap belt or lap and shoulder belt installed 

for each seating position on the bus. If so equipped, a passenger must use the 

lap or lap and shoulder belts, unless the passenger (or parent if the passenger is 

a minor) has notified the school district in writing of intent not to wear the lap 

or lap and shoulder belt. M.S.A. §169.447, subd. 2a. However, child restraints 

in a school bus with a gross vehicle weight rating greater than 10,000 lbs., may 

not be required. M.S.A. §169.685, subd. 6. 

Sanctions: Petty Misdemeanor: A fine of not more than $300. M.S.A. §169.89, subd. 2. 

Additionally, a person may be required to attend a driver improvement clinic 

located within 35 miles from the person’s residence. However, failure or refusal 

to comply with an order to attend an approved driver improvement clinic may 

subject the person to a license, permit, etc., suspension of up to 30 days. 

M.S.A. §169.89, subd. 5. 

129This prohibition also applies to wrongful death cases. See Sweldar v. Lahti, 473 N.W.2d 77 (Minn. 1991) (interpreting 

“physical injuries” to include death). 

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MINNESOTA
 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

Sanctions: 

Passenger Age 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: 

Sanctions: 

No person under age 18 shall operate or ride on a motorcycle or motorized 

bicycle without wearing protective headgear approved by the U.S. Department 

of Transportation. M.S.A. §§169.223, subd. 1; 169.974, subd. 4(a); Minnesota 

Rules, part 7410.5200. 

Petty Misdemeanor: A fine of not more than $300. M.S.A. §169.89, subd. 1, 2. 

Additionally, a person may be required to attend a driver improvement clinic 

located within 35 miles from the person’s residence. Failure or refusal to 

comply with an order to attend an approved driver improvement clinic may 

subject the person to a license, permit, etc., suspension of up to 30 days. 

M.S.A. §169.89, subd. 5. 

This requirement does not apply if the operator or rider is participating in an 

authorized parade, or to persons riding in an enclosed cab. M.S.A. §169.974, 

subd. 4(b). 

No person shall operate a motorcycle or motorized bicycle without wearing an 

eye-protection device. M.S.A. §§169.223, subd. 1; 169.974, subd. 4(a). 

Petty Misdemeanor: A fine of not more than $300. M.S.A. §169.89, subd. 1, 2. 

Additionally, a person may be required to attend a driver improvement clinic 

located within 35 miles from the person’s residence. Failure or refusal to 

comply with an order to attend an approved driver improvement clinic may 

subject the person to a license, permit, etc., suspension of up to 30 days. 

M.S.A. §169.89, subd. 5. 

None, except that no person shall ride on a motorcycle as a passenger unless the 

person can reach the footrests with both feet. M.S.A. §169.974, subd. 5(b). 

See note. 

130 

The operator of an electric-assisted bicycle must wear protective headgear 

approved by the U.S. Department of Transportation until he/she reaches age 18. 

M.S.A. §169.223, subd. 2(4). 

Petty Misdemeanor: A fine of not more than $300. M.S.A. §169.89, subd. 1, 2. 

Additionally, a person may be required to attend a driver improvement clinic 

located within 35 miles from the person’s residence. Failure or refusal to 

comply with an order to attend an approved driver improvement clinic may 

subject the person to a license, permit, etc., suspension of up to 30 days. 

M.S.A. §169.89, subd. 5. 

130There are no requirements for the use of protective headgear for operators of standard bicycles. 

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MINNESOTA
 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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MISSISSIPPI
 

STATE MISSISSIPPI 

General Reference: Mississippi Code Annotated (Miss. Code Ann.) 

Seat Belts: 

Requirements: Every operator and front-seat passenger in a motor vehicle operated in a 

forward motion on a public road, street or highway shall wear a properly 

fastened safety seat belt system. Miss. Code Ann. §63-2-1. 

Exemptions: (1) Vehicles which may be registered for “farm” use, including “implements of 

husbandry” and “farm tractors”; (2) an operator or passenger possessing a 

written verification from a licensed physician that he is unable to wear a seat 

belt system for medical reasons; (3) a passenger car operated by a rural letter 

carrier of the U.S. Postal Service or by a utility meter reader while on duty; or 

(4) buses. Miss. Code Ann. §§63-2-1(3); 63-7-301(2). 

Enforcement Type: Primary Enforcement: An operator of a vehicle may be cited for a violation of 

the seat belt law. Miss. Code Ann. §63-2-7. 

Sanctions: Misdemeanor: A fine of $25. No additional assessments provided for under 

law shall be imposed against a violator and a violation of this requirement is not 

to be entered on an offender’s driving record. Miss. Code Ann. §63-2-7. 

Effect on Civil Failure to use a seat belt shall not be considered contributory or comparative 

Liability: negligence, nor shall it create any duty of care between driver and passenger. 

Miss. Code Ann. §63-2-3. 

15-Passenger Vans: Covered under the seat belt law. Miss. Code Ann. §63-2-1(2). 

Child Safety Restraint 

Systems: 

Requirements: I. Every person transporting a child under age 4 shall secure such child in a 

federally approved child passenger restraint device or system. 

II. If a child is at least 4 years but less than 7 and measures less than 4 feet, 9 

inches in height or weighs less than 65 lbs. = a belt positioning booster seat 

system. 

III. If a child is under age 7 and not required to be protected by the use of a 

child passenger restraint device or system or a belt positioning booster seat 

system = seat belt system regardless of where the child is seated. 

Miss. Code Ann. §§63-7-301; 63-2-1. 

Exemptions: None 

Sanctions: Misdemeanor: A fine of not more than $25. Miss. Code Ann. §§63-7-309; 63­

9-11(1). In addition, the offender is required to pay an assessment of $88.59. 

Miss. Code Ann. §99-19-73(1). Offenders may be eligible to participate in a 

traffic safety violator course of not less than 4 hours, which would allow for 

dismissal of the violation upon completion of the course. Miss. Code Ann. §63­

9-11(3). 

131 

131See Miss. Code Ann. §63-9-11(3)(a)-(i) for the conditions required of a defendant in order to have the violation dismissed 

upon successful completion. 

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MISSISSIPPI 

Effect on Civil Failure to comply with this requirement shall not be considered contributory or 

Liability: comparative negligence. Miss. Code Ann. §63-7-301(3). 

School Bus Safety 

Restraint Systems: 

Requirements: There are no specific statutory provisions. “School bus” may not fit the 

definition of “passenger motor vehicle” for safety restraint purposes, as 

“passenger motor vehicle” is defined as a motor vehicle designed to carry 15 or 

fewer passengers. Miss. Code Ann. §63-2-1(2). Additionally, buses are exempt 

from the seat belt requirement. Miss. Code Ann. §63-2-1. 

Sanctions: If a school bus is equipped with seat belts, the failure to use may be a 

misdemeanor, and result in a fine of not less than $25 or more than $100. 

Additionally, school bus drivers or carriers may be discharged from further 

employment and the contract may be terminated. Miss. Code Ann. §§37-41-49; 

37-41-47. 

Motorcycle Protective 

Headgear: 

Requirements: No person shall operate or ride on a motorcycle or motor scooter unless wearing 

a crash helmet that complies with FMVSS No. 218.Miss. Code Ann. §63-7-64. 

Sanctions: Misdemeanor: 

First offense - Imprisonment for not more than 10 days or a fine of not more 

than $100; 

Second offense (within 1 year) - Imprisonment for not more than 20 days 

and/or a fine of not more than $200; 

Third and subsequent offense (within 1 year) - Imprisonment for not more than 

6 months and/or a fine of not more than $500. 

Miss. Code Ann. §§63-7-64; 63-9-11. 

All offenders are subject to an assessment of $88.59. Miss. Code Ann. §99-19­

73(1). Offenders may also be eligible to participate in a traffic safety violator 

course of not less than 4 hours, which would allow for dismissal of the violation 

upon successful completion of the course. Miss. Code Ann. §63-9-11(3). 

Exemptions: Persons age 18 and older riding in a parade at a speed of 30 miles per hour or 

less are exempt. Miss. Code Ann. §63-7-64. 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

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MISSISSIPPI
 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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MISSOURI
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

MISSOURI 

Missouri Revised Statutes (V.A.M.S.); 

Missouri Code of State Regulations (CSR) 

I. When a passenger car132 is in operation, every driver, front seat passenger, 

and person younger than 18 while operating or riding in a truck133 shall wear a 

seat belt. V.A.M.S. §307.178(2). 

(1) Persons employed by the U.S. Postal Service while performing official 

duties; (2) persons riding in passenger cars manufactured before January 1, 

1968; (3) persons who, for medical reasons, cannot use a seat belt; and (4) 

persons operating or riding a motor vehicle being used in agricultural workrelated activities. In addition, vehicle operators or passengers are not in 

violation of the seat belt requirement if there are more persons than there are 

seat belts in the enclosed area of the vehicle. Those persons who are unable to 

wear seat belts shall sit in the area behind the front seat of the motor vehicle 

unless the motor vehicle is designed only for a front-seated area. 

V.A.M.S. §307.178(2), (7). 

Secondary Enforcement: No person shall be stopped, inspected or detained 

solely to determine compliance with this requirement. Further, noncompliance 

with the seat belt requirement shall not constitute probable cause for violation of 

any other provision of law. V.A.M.S. §307.178(2). 

Infraction: A fine of not more than $10. No court costs can be imposed and no 

points can be entered on an offender's driving record. V.A.M.S. §307.178(5). 

Failure to wear a seat belt shall not be considered evidence of comparative 

negligence. However, such evidence may be admitted for the purpose of 

mitigating damages if the party seeking to introduce such evidence presents 

expert evidence proving that such a failure contributed to the plaintiff's injuries. 

If such is proven, damages may be reduced by not more than 1% of the damages 

awarded after any reductions for comparative negligence. 

V.A.M.S. §307.178(4). 

Not covered under the seat belt law. V.A.M.S. §307.178. 

Every driver who transports a child in a motor vehicle who is under age 16 shall 

be responsible, when transporting such child as follows: 

I. Children less than 4 years regardless of weight = child passenger restraint 

system; 

II. Children who weigh less than 40 lbs., regardless of age = child passenger 

restraint system; 

III. Children who are at least 4 years but less than 8, who also weigh at least 40 

132A “passenger car” means every motor vehicle designed for carrying 10 persons or less but does not include motorcycles, 

motorized bicycles, motor tricycles, or trucks with a gross weight of 12,000 lbs., or more. V.A.M.S. §307.178(1). 133A “truck” is defined as a motor vehicle designed, used, or maintained for the transportation of property. 

V.A.M.S. §301.010(61). 

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MISSOURI 

lbs., but less than 80 lbs., and are less than 4 feet 9 inches in height = child 

passenger restraint system or booster seat, or in a lap belt if the back seat of the 

vehicle is not equipped with a combination lap/shoulder belt; 

IV. Children who are at least 80 lbs., or taller than 4 feet 9 inches = booster seat 

or seat belt, or in a lap belt if the back seat of the vehicle is not equipped with a 

combination lap/shoulder belt. V.A.M.S. §307.179(2). 

Exemptions: This requirement does not apply to a public carrier for hire, or to students age 4 

or older who are passengers on a school bus designed for carrying 11 

passengers or more, as defined in V.A.M.S. §§301.010(52); 307.179(4). 

Sanctions: Infraction: For I-III above, a fine of not more than $50 and court costs. For IV 

above, a fine of not more than $10 and no court costs. V.A.M.S. §§307.179(3); 

307.178(5). No points shall be assessed for a violation of this requirement. 

V.A.M.S. §302.302. 

Effect on Civil 

Liability: None. The failure to employ a child passenger restraint system shall not be used 

as a basis for a claim of civil liability or negligence or contributory negligence. 

Evidence of this failure is inadmissible in the trial of any civil action. V.A.M.S. 

§210.106. 

School Bus Safety 

Restraint Systems: 

Requirements: A child age 4 or older who is a passenger on a school bus designed for carrying 

11 or more passengers is exempt from the child passenger restraint system 

requirements. V.A.M.S. §307.179(4). 

Motorcycle Protective 

Headgear: 

Requirements: Every rider or passenger of a motorcycle or motor-tricycle upon any highway 

shall wear State approved protective headgear meeting the standards and 

specifications of the Federal Motor Vehicle Safety Standard No. 218. 

V.A.M.S. §302.020(2); 12 CSR 10-24.420. 

Sanctions: Infraction: A fine of not more than $25. No court costs can be imposed and no 

points can be entered on an offender's driving record. V.A.M.S. §§302.020(3); 

302.302. 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

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Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person shall operate a truck with a gross weight of less than 12,000 lbs., on 

any State or Federal highway or within the corporate limits of any city when 

any person under age 18 is riding in the truck's unenclosed bed, and no person 

under age 18 shall ride in the unenclosed bed of such truck when the truck is in 

operation. V.A.M.S. §304.665(1), (2). 

Sanctions: For the operator of the truck, a violation constitutes a Class C Misdemeanor: 

imprisonment for 30 days or less and/or a fine of not more than $300. 

V.A.M.S. §§557.021; 560.016. V.A.M.S. §304.665 does not provide for a 

sanction when the violation is committed by a person under age 18 who is 

riding in the unenclosed bed of a truck. 

Exemptions: The above requirements do not apply to: (1) an employee engaged in the 

necessary discharge of his duties where it is necessary to ride in the unenclosed 

bed of the truck; (2) any person while engaged in agricultural activities where it 

is necessary to ride in the unenclosed bed of the truck; (3) any person riding in 

an unenclosed bed while participating in a lawfully authorized parade, caravan 

or exhibition; (4) any person riding in the unenclosed bed if the truck has a 

means of preventing such passenger from being thrown, falling, or jumping out 

from the truck; (5) any person riding in the unenclosed bed if the truck is being 

operated solely for the purposes of participating in a special event and there is 

unavailable seating inside of the truck; (6) any person riding in the unenclosed 

bed for the purpose of providing assistance to or ensuring the safety of other 

persons that are engaged in a recreational activity; or (7) any person riding in 

the unenclosed bed of a family-owned truck which is the only vehicle owned by 

the family and there is insufficient room in the passenger compartment to 

accommodate all of the passengers. V.A.M.S. §304.665(2). 

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MONTANA
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Sanctions: 

Exemptions: 

MONTANA 

Montana Code Annotated (MCA); 

Administrative Rules of Montana (Mont.Admin.R.)
 

A motor vehicle cannot be operated unless the driver and every passenger of a
 

designated seating position are wearing a seat belt. MCA §61-13-103(1). 

(1) An occupant of a motor vehicle who possesses a written statement from a 

licensed physician, physician assistant or advanced practice registered nurse that 

the occupant is unable to wear a seatbelt for medical reasons; (2) an occupant of 

a motor vehicle in which all seatbelts are being used by other occupants; (3) an 

operator of a motorcycle or motor-driven cycle; (4) an occupant of a vehicle 

licensed as special mobile equipment (i.e., road construction equipment, 

maintenance machinery, ditch-digging apparatus, etc.); or (5) an occupant who 

makes frequent stops with a motor vehicle during official job duties and who 

may be exempted by the Department of Justice. MCA §61-13-103(2). 

Secondary Enforcement: A driver may not be stopped for a violation of this 

requirement except upon reasonable cause to believe that the driver has violated 

another traffic regulation or that the driver's vehicle is unsafe or not equipped as 

required by law. MCA §61-13-103(4)(a). 

A fine of $20. A violation of this requirement is not considered a moving 

violation of the purposes of suspending a driver's license. In addition, no 

insurance company may increase a person's premium based on a violation of 

this requirement. 

Note: The law provides that this offense is not to be considered a misdemeanor 

but does not define or classify it as some other offense. MCA §61-13-104(1), 

(3). 

Failure to comply with this requirement shall not be admissible as evidence in 

any civil action for personal injury or property damage. Furthermore, such 

failure does not constitute negligence. MCA §61-13-106. 

May not be covered under the seat belt law. 

A child under age 6 and weighing less than 60 lbs. who is a passenger in a 

motor vehicle134 must be secured in a federally approved child restraint. 

MCA §61-9-420(1). 

Misdemeanor: A fine of not more than $100. MCA §§45-2-101(42); 

61-9-423; 61-9-511(1). 

These requirements do not apply to children who, for physical or medical 

reasons, cannot use child restraint systems or seat belts. MCA §61-9-420(3). 

134The term “motor vehicle” does not include motorbus, school bus, taxicab, moped, quadricycle, motorcycle, any vehicle that is 

not required to have a seat belt under Federal law, or a vehicle designed for two persons where there are two persons 4 years or 

older. MCA §61-9-421. 

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Effect on Civil Evidence of failure to comply with this requirement is admissible in any civil 

Liability: action for personal injury or damages; however, such failure does not alone 

constitute negligence. MCA §61-9-422. 

School Bus Safety 

Restraint Systems: 

Requirements: School buses are exempt from the child safety restraint requirements. 

MCA §61-9-421(1). However, there does not appear to be an exception for the 

use of seat belts for school bus drivers. 

Motorcycle Protective 

Headgear: 

Requirements: I. An operator and passenger under age 18 of a motorcycle or quadricycle135 

operated on the streets or highways shall wear State approved protective 

headgear which meets the specifications of FMVSS No. 218. MCA §61-9­

417(1); Mont.Admin.R. 23.3.417. 

II. A person may not operate a motorcycle unless all passengers under age 18 

are wearing protective headgear. MCA §61-9-417(2). 

Sanctions: A fine of $5. MCA §61-9-518(1). 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age For the first 6 months of the 1-year restriction period, a restricted licensee may 

Restrictions: not operate a motorcycle with a passenger who is under age 18. 

MCA §61-5-133. 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

135A “quadricycle” is defined as "a four-wheeled motor vehicle, not a golf cart, designed for on-road or off-road use, having a 

seat or saddle upon which the operator sits and a motor capable of producing not more than 50 horsepower." MCA §61-1­

101(57). 

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STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Sanctions: 

Exemptions: 

NEBRASKA 

Nebraska Revised Statutes of 1943 (Neb.Rev.St.) 

No driver shall operate a motor vehicle upon a highway or street unless the 

driver and each front-seat occupant are wearing occupant protection system 

(seat belt). Neb.Rev.St. §§60-6,265; 60-6,270(1). 

I. This requirement does not apply to vehicles manufactured before the 1973 

model year, farm tractors, implements of husbandry, motorcycles, motor-driven 

cycles, mopeds, or buses. Neb.Rev.St. §§60-6,266; 60-6,270(3). 

II. This requirement does not apply to: (1) persons who because of medical 

reasons cannot wear an occupant protection system, so long as they have written 

verification from a physician; (2) rural carriers of the U.S. Postal Service while 

performing official duties; and (3) members of an ambulance or rescue service 

unit while involved in patient care. Neb.Rev.St. §60-6,270(2). 

Secondary Enforcement: Enforcement of this requirement by law enforcement
 

officers shall be accomplished only as a secondary action when a driver has
 

been cited or charged with a violation of some other offense.
 

Neb.Rev.St. §60-6,271.
 

Traffic Infraction: A fine of $25. 

136 However, no court costs can be assessed 

and no points can be assessed against a person's driving record.
 

Neb.Rev.St. §60-6,272.
 

Evidence of a violation of the requirement shall not be admissible in regard to 

the issue of liability or proximate cause but may be admissible as evidence
 

concerning mitigation of damages. However, such evidence shall not reduce
 

recovery for damages by more than 5 percent. Neb.Rev.St. §60-6,273. 

May be covered under the seat belt law.
 

I. A driver who is transporting a child up to age 6 in any motor vehicle required 

to have occupant protection systems must secure such child in a federally 

approved child passenger restraint system. Neb.Rev.St. §60-6,267(1). 

II. A driver who is transporting a child age 6 through 17 in any motor vehicle 

must secure such child in an occupant protection system (seat belt). 

Neb.Rev.St. §§60-6,265; 60-6,267(2). 

Infraction: A fine of $25 and no points can be assessed against a person's 

driving record. Neb.Rev.St. §60-6,268(1). 

I. These requirements do not apply to persons who are operating taxicabs, 

mopeds, motorcycles, or motor vehicles manufactured as a 1963 or earlier 

model year. Neb.Rev.St. §60-6,267(3). 

II. These requirements do not apply to: (1) children who cannot use a child 

136Regardless of the number of violations occurring at one time, a driver can only be cited for one offense. Neb.Rev.St. §60­

6,272. 

VEHICLE OCCUPANT PROTECTION 2005 84 
 

 

 

 

 

 

 

 

 

 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Sanctions: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

Passenger Age 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

NEBRASKA 

passenger restraint system for physical or medical reasons, so long as the 

condition and reason are verified in writing by a physician; (2) children who are 

being transported in emergency vehicles when the vehicle operator is 

performing official duties; and (3) vehicles operated in a lawful parade or 

exhibition. Neb.Rev.St. §60-6,267(4), (5), (6). 

A violation of this requirement shall not constitute prima facie evidence of 

negligence nor shall such compliance constitute a defense to any claim for 

personal injuries to a child or recovery of medical expenses for injuries. In 

addition, such a violation shall not constitute a defense for another person to any 

claim for personal injuries to a child or recovery of medical expenses for 

injures. Neb.Rev.St. §60-6,269. 

The operator of a school bus equipped with an occupant protection system shall 

wear such system whenever the school bus is in motion. Neb.Rev.St. §79­

609(3). 

Any operator who violates this requirement may be found guilty of a Class V 

misdemeanor and subject to a $100 fine. Additionally, such employee may be 

subject to removal from employment or may be found in breach of contract with 

cancellation of contract. Neb.Rev.St. §§79-607; 28-106. 

A person shall not operate or ride on a motorcycle or moped unless wearing a 

federally approved protective helmet meeting or exceeding the Federal Motor 

Vehicle Safety Standard No. 218. Neb.Rev.St. §§60-6,279; 60-6,280; 60-6,281. 

Traffic Infraction: A fine of $50. Neb.Rev.St. §§60-688; 60-6,282. No points 

are assessed against a person's driving record. Neb.Rev.St. § 60-4,182. 

None 

None 

None 

None 

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NEBRASKA 

Requirements:	 There are no specific prohibitions involving the riding in an unsecured portion 

of a vehicle, however, this likely falls under the child passenger restraint system 

requirement. Neb.Rev.St. §60-6,268(2) allows for primary enforcement of a 

violation when a passenger under the age of 18 is riding in or on any portion of 

a moving vehicle not designed or intended for the use of passengers. 

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NEVADA
 

STATE NEVADA 

General Reference: 

Seat Belts: 

Nevada Revised Statutes (N.R.S.); Nevada Administrative Code (NAC) 

Requirements: See note. 

137A person driving on any highway, road, or street in a motor vehicle 

having an unladen weight of less than 10,000 lbs., shall wear a seat belt. 

N.R.S. §484D.495. 

Any passenger 18 or older who rides in the front or back seat of any taxicab 

shall wear a seat belt if one is available. The owner or operator of a taxicab is 

required to post a sign inside each vehicle advising passengers of the seat belt 

requirement. N.R.S. §484D.500. 

Exemptions: (1) To persons who are unable to wear a seat belt for physical or medical 

reasons and possess written certification by a physician; (2) if the vehicle is not 

required by Federal law to be equipped with seat belts; (3) to an employee of 

the U.S. Postal Service while delivering mail in the rural areas of the State; (4) 

if the vehicle is stopping frequently, it does not exceed 15 mph, and the driver 

or passenger is frequently leaving or delivering property from the vehicle; (5) to 

a passenger riding in a means of public transportation, including a taxi, school 

bus or emergency vehicle. Additionally, the State can exempt persons from this 

requirement who ride in motor vehicles or seating posting that the State has 

determined would make compliance impractical. N.R.S. §484D.495(5), (6). 

With regard to taxicabs, a seat belt is not required if the taxicab was not 

required by Federal law at the time of the initial sale to be equipped with seat 

belts. N.R.S. §484D.500. 

Enforcement Type: Secondary Enforcement: A citation may be issued only if the violation is 

discovered when the vehicle is halted or its driver arrested for another alleged 

violation or offense. N.R.S. §§484D.495(3); 484D.500. 

Sanctions: Misdemeanor: A fine of not more than $25 or a sentence to perform 

community service. 138 N.R.S. §§484A.900(1); 484D.495(3); 484D.500. Any 

person who is twice convicted of violating a provision may be ordered to pay 

tuition for and attend a school for driver training. A willful failure to comply 

with such an order results in a misdemeanor conviction, which is punishable for 

up to 6 months in jail and/or a fine of not more than $1000. 

N.R.S. §§494A.900; §193.150. A violation of this requirement is not a moving 

violation for license sanctioning purposes. N.R.S. §484D.495(4)(a). No demerit 

points shall be assessed. NAC 483.510. 

Effect on Civil A violation of this requirement may not be considered as negligence or as 

Liability: causation in any civil action or as negligence or reckless driving. 

N.R.S. §484D.495(4)(b). In addition, such a violation may not be considered as 

137It shall be unlawful to drive a passenger car manufactured after: (1) January 1, 1968, on a highway unless it is equipped with at 

least two front seat lap-type seat belt assemblies; (2) January 1, 1970, on a highway unless it is equipped with a lap-type seat belt 

assembly for each permanent seating position (except for rear seats of police or sheriff vehicles); or (3) January 1, 1970, unless it 

is equipped with at least two front seat shoulder harness-type seat belt assemblies. N.R.S. §484D.495(1). 138If the violator is a child age 6 or older but less than age 18, or less than age 6 weighing more than 60 lbs., the driver is cited for 

the offense. However, if both the driver and such child are in violation of this requirement, only one citation may be issued. 

N.R.S. §484D.495(3). 

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NEVADA 

misuse of a product or as causation in any action brought to recover damages 

for injury to a person or property resulting from the manufacture, distribution, 

sale, or use of a product. N.R.S. §484D.495(4)(c). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. A person transporting a child in a motor vehicle who is age 6 older or weighs 

more than 60 lbs. (regardless of age) shall secure such child in a Federally 

approved child restraint system; 139 

II. A person transporting a child who is less than age 6 and who weighs less 

than 60 lbs. shall secure such child in a child restraint system. 

N.R.S. §§484D.495(3); 484B.157(1). 

Sanctions:	 Misdemeanor: 

(1) First offense: ordered to pay a fine of not less than $100 or more than $500 

or perform not less than 10 hours or more than 50 hours of community service; 

(2) Second offense: ordered to pay a fine of not less than $500 or more than 

$1000 or perform not less than 50 hours or more than 100 hours or community 

service; 

(3) Third or subsequent offense: have his driver’s license suspended for not less 

than 30 days or more than 180 days. 

If, within 60 days after sentencing, a defendant provides to the court proof of 

satisfactory completion of a child restraint system training program, the court 

shall waive the fine or community service for a first-time offender, and reduce 

by one-half the fine or community service for a second-time offender. 

N.R.S. §484B.157(2), (3). 

Any person who is twice convicted of violating a provision may be ordered to 

pay tuition for and attend a school for driver training. A willful failure to 

comply with such an order results in a misdemeanor conviction, which is 

punishable by jail for not more than 6 months and/or a fine of not more than 

$1,000. N.R.S. §§484A.900; 193.150. 

No demerit points shall be assessed. NAC 483.510. 

Exemptions:	 (1) A person transporting a child in a means of public transportation, including a 

taxi, school bus or emergency vehicle; (2) when a physician determines that the 

use of such a child restraint system for the particular child would be impractical 

or dangerous because of such factors as the child’s weight, physical unfitness or 

medical condition, and such statement is carried in the vehicle by the driver. 

N.R.S. §484B.157(7). 

Effect on Civil A violation of this requirement may not be considered as negligence in any civil 

139As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat, or 

position children. The term includes, without limitation: (a) booster seats and belt-positioning seats that are designed to elevate or 

otherwise position a child so as to allow the child to be secured with a seat belt; (b) integrated child seats; and (c) seat belts that 

are designed specifically to be adjusted to accommodate children. N.R.S. §484B.157(8). 

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NEVADA
 

Liability:	 action or as negligence or reckless driving. N.R.S. §484B.157(6). 

School Bus Safety 

Restraint Systems: 

Requirements:	 None. N.R.S. §484D.495 specifically excludes school buses from the group of 

motor vehicles in which passengers are required to wear seat belts. There are no 

statutory provisions elsewhere in the Nevada statutes. 

Motorcycle Protective 

Headgear: 

Requirements:	 A person operating or riding on a motorcycle shall wear State approved 

protective headgear, meeting the standards set out in the Federal Motor Vehicle 

Safety Standard No. 218. N.R.S. §486.231; NAC 486.015 

Sanctions:	 Misdemeanor: A term of imprisonment of not more than 6 months and/or a 

fine of not more than $1,000. 

140 N.R.S. §§193.150(1); 486.381. Two points are 

assessed against a person's driving record. NAC 483.510. 

Exemptions:	 This requirement does not apply to persons operating or riding on tri-mobiles or 

mopeds. N.R.S. §486.231(1), (2); NAC 486.015. 

Motorcycle Eye See note. 

141 

Protection Device: 

Requirements:	 A person operating or riding on a motorcycle or a tri-mobile shall wear State 

approved glasses, goggles or a face shield. This requirement does not apply to 

persons operating or riding on mopeds. N.R.S. §486.231(1), (2). 

Sanctions:	 Misdemeanor: A term of imprisonment of not more than 6 months and/or a 

fine of not more than $1,000. N.R.S. §§193.150(1); 486.381. Two points are 

assessed against a person's driving record. NAC 483.510. 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements:	 A driver cannot operate a motor vehicle with a person under age 18 riding in an 

area not designed or intended for passenger use. N.R.S §484B.160(1), (2)(a). 

Sanctions:	 Misdemeanor: A fine of at least $35 but not more than $100. This offense is 

140As an alternative to either imprisonment or a fine, an offender may be sentenced to perform a fixed period of work for the 

benefit of the community. N.R.S §193.150(2). 141This requirement does not apply to persons: (1) operating or riding on a motorcycle or a tri-mobile if such vehicle is equipped 

with a transparent windscreen; (2) in a motorcycle being driven in an authorized parade; or (3) in a three-wheeled motorcycle 

where the driver or passengers are within an enclosed cab. N.R.S. §486.231(3), (4), (5). 

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NEVADA
 

not considered a moving violation, nor may it be considered negligence in a 

civil action or negligent or reckless driving. N.R.S §484B.160(3), (5). 

Exemptions:	 This requirement does not apply if the vehicle is being used for farming or 

ranching, or being used in an authorized parade. N.R.S. §484B.160(2)(b). 

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NEW HAMPSHIRE
 

STATE NEW HAMPSHIRE 

General Reference: Revised Statutes Annotated of New Hampshire (N.H. Rev. Stat.); 

New Hampshire Administrative Code (N.H. Coe Admin. R. Saf-C) 

Seat Belts: 

Requirements: I. No person shall drive a motor vehicle unless all passengers under age 18 are 

wearing a seat or seat belt. Such motor vehicle must be designed for and 

equipped with federally approved child passenger restraints. 

N.H. Rev. Stat. §265:107-a I. 

II. Any person under age 18 driving a motor vehicle shall wear a seat or seat 

belt. N.H. Rev. Stat. §265:107-a I-a. 

Exemptions: (1) If the motor vehicle is regularly used to transport passengers for hire; (2) if 

the motor vehicle is a school bus weighing more than 10,000 lbs., or is a school 

bus weighing less than 10,000 lbs., that was manufactured without seat belts; 

(3) if there is an individualized education program statement contraindicating 

the use of restraints; (4) if the motor vehicle was manufactured before 1968; (5) 

a motorcycle; (6) an antique motor car or motorcycle (over 25 years old); or (7) 

if the motor vehicle is being operated in a parade authorized by law or 

ordinance and travelling at a speed of no more than 10 mph. 

N.H. Rev. Stat. §265:107-a II. 

Enforcement Type: Primary Enforcement: There is no statutory provision. 142 

Sanctions: First offense – A fine of $50; 

Second or subsequent offense – A fine of $100. 

N.H. Rev. Stat. §265:107-a III.143 

Effect on Civil 

Liability: 

A violation of these requirements shall not be used as evidence of contributory 

negligence in any civil action.144 N.H. Rev. Stat. §265:107-a IV. 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: No person shall transport a child under the age of 7 and less than 57 inches in 

height in a motor vehicle unless such child is secured in a federally approved 

child passenger restraint. N.H. Rev. Stat. §265:107-a I-b. 

Sanctions: Violation: 

First offense – A fine of $50; 

Second or subsequent offense - A fine of $100. N.H. Rev. Stat. §265:107-a III. 

142A law enforcement officer may stop a vehicle for a violation for which a traffic ticket may be issued. See U.S. v. Pasciuti, 793 

F.Supp. 373 (D.N.H. 1992)(upholding officer’s stop of a defendant who failed to wear a seat belt and whose vehicle had a 

cracked windshield).

143 Drivers under the age of 20 may have their driving privileges suspended or revoked for “misconduct, misuse or abuse of such 

privileges.” N.H. Rev. Stat. §263:14 III (d). However, such action does not apply to a person under age 18 who violates 

§265:107a I-a for the first time. N.H. Rev. Stat. §263:14IV. 144In Thibeault v. Campbell, the State Supreme Court held that "a party's failure to use a seat belt is inadmissible to show 

negligence where the nonuse may have contributed to the party's injuries but was not a cause of the collision itself." 

622 A.2d 212 (N.H. 1993). 

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NEW HAMPSHIRE
 

Effect on Civil A violation of this requirement shall not be used as evidence of contributory 

Liability: negligence in any civil action. N.H. Rev. Stat. §265:107-a IV. 

School Bus Safety 

Restraint Systems: 

Requirements: School buses are exempt from the child passenger restraint requirement. 

N.H. Rev. Stat. §265:107-a II. 

Motorcycle Protective 

Headgear: 

Requirements: No person under age 18 may drive or ride upon a motorcycle unless he wears 

State approved protective headgear. N.H. Rev. Stat. §265:122 I. 145 

Each motorcycle rider education student shall wear a helmet with eye protection 

meeting the standards set out in Federal Motor Vehicle Safety Standard No. 

218. N.H. Code Admin. R. Saf-C 5306.02(a)(5). 

Sanctions: Violation:

146 A fine of not more than $1,000. 147 N.H. Rev. Stat. §§265:122 IV; 

265:2; 625:9 V; 651:2 IV. 

Exemptions: N/A 

Motorcycle Eye 

Protection Device: 

Requirements: Unless a motorcycle is equipped with a windshield or screen that protects a 

driver's eyes, the operator shall wear either eyeglasses, goggles, or a protective 

face shield when operating such a motor vehicle. N.H. Rev. Stat. §265:123. 

Sanctions: Violation: A fine of not more than $1,000. N.H. Rev. Stat. §§265:2; 625:9 V; 

651:2IV (a). 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: No person under age 16 shall operate or ride on a bicycle on a public way unless 

he/she wears State approved protective headgear. N.H. Rev. Stat. §265:144 X. 

145However, N.H. Rev. Stat. §265:122 III states that “If [F]ederal law is altered so that the mandatory wearing of protective 

headgear on motorcycles by persons less than age 18 is not required as a condition to the receipt by the State of any [F]ederal 

funds, paragraphs I ...shall be void.” Given that the mandatory wearing of protective headgear on motorcycles by persons less 

than age 18 is not currently required as a condition to the receipt of State or Federal funds, for practical purposes protective 

headgear for motorcycle drivers or passengers is not mandatory.

146 The violation applies to any person who transports someone under age 18 when that person is not wearing protective 

headgear. It is unclear whether the minor (under age 18) would be cited for a violation. 147The court may order an unconditional or conditional discharge not to exceed 1 year. An unconditional discharge may be 

granted if the court is of the opinion that no proper purpose would be served by imposing any condition or supervision upon the 

defendant’s release. A sentence of unconditional discharge is a final judgment of conviction. N.H. Rev. Stat. §651:2 III-a, IV, 

VIII. Conditional discharge may include conditions such as restrictions on the defendant’s travel, association, place of abode, 

counseling or any other treatment, restitution or community service. A person sentenced to conditional discharge may apply for 

annulment (expungement) of the criminal record. N.H. Rev. Stat. §§651:2 VI, VI-b; 651:5. 

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Sanctions: Violation: A fine of not more than $35. N.H. Rev. Stat. §265:153. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None. 

148 

148There are no specific statutory provisions, however, such a prohibition could exist in certain limited circumstances since the 

law does prohibit a driver from carrying passengers for “consideration” (express or implied) while operating a vehicle designed 

to transporting goods, materials, commodities, freight or merchandise. Exemptions do exist for persons who are transporting: (1) 

individuals enrolled in summer camps; (2) students, teachers or employees of colleges or schools for recreational or religious 

purposes; (3) employees of any town, county, the State, or an agency of the Federal Government; (4) employees of the owner of 

such a vehicle while going to or from their place of employment; or (5) individuals in vehicles which have been approved to 

transport school children under N.H. Rev. Stat. §266:7. N.H. Rev. Stat. §§265:106; 265:107. A person who is found guilty of 

violating this prohibition commits a statutory violation and is subject to a fine of not more than $1,000. N.H. Rev. Stat. §§262:41; 

651:2, IV(a). 

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NEW JERSEY
 

STATE	 NEW JERSEY 

General Reference: New Jersey Statutes Annotated (N.J.S.A.); 

New Jersey Administrative Code (N.J.A.C.) 

Seat Belts: 

Requirements: I. Any driver operating a passenger automobile on a street or highway, and all 

passengers must wear a safety seat belt. N.J.S.A. §39:3-76.2f. 

Exemptions:	 (1) A passenger automobile manufactured before July 1, 1966, or one that is not 

required to be equipped with a safety seat belt system under Federal law; (2) a 

passenger automobile in which the driver or passenger possesses written 

verification from a licensed physician stating that such person is unable to wear 

a safety seat belt system for physical or medical reasons; (3) a passenger 

automobile operated by a rural letter carrier of the U.S. Postal Service while 

performing such duties; or (4) a passenger automobile which was originally 

constructed with fewer safety seat belt systems than are necessary to allow the 

passenger to be buckled. N.J.S.A. §39:3-76.2g. 

Enforcement Type:	 Primary Enforcement: While there is no statutory provision, in 1999, N.J.S.A. 

§39:3-76.2i, which mandated secondary enforcement was repealed. 

Sanctions:	 See note. 

149 Violation: A fine of $20. Neither drivers licensing nor automobile 

insurance eligibility points are assessed against a driver's record for a violation. 

In addition, a person is not subject to a surcharge under the merit rating plan 

(N.J.S.A. §17:29A-35). N.J.S.A. §39:3-76.2j. 

Effect on Civil I. The failure to wear a seat belt is not contributory negligence sufficient to bar 

Liability:	 recovery in strict liability. However, such failure to wear can be used to reduce 

damages provided it can be determined that the damages to be reduced could 

have been avoided by using a seat belt. Waterson v. General Motors Corp., 

544 A.2d 357 (N.J. 1988). 

The law establishing these seat belt use requirements does not alter existing law 

with respect to the trial of a civil action for damages for personal injuries or 

death sustained in a motor vehicle accident. N.J.S.A. §39:3-76.2h. 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: See note. 

150 A person transporting a child under age 8 and weighing less than 80 

lbs., shall secure such child in a federally approved child passenger restraint 

system or booster seat in the rear seat. But if the vehicle has no rear seats, the 

child must be secured in a child restraint system or booster seat. 

N.J.S.A. §39:3-76.2a. 

149Licensing or Vehicle Registration Action: A person’s license or his/her vehicle’s registration certificate may be suspended or 

revoked (for an indefinite period of time) under general provisions of the law which allow the driver licensing agency to take 

such action when a person has violated the traffic laws (i.e., any provision of Title 39, Motor Vehicle and Traffic Regulation). 

N.J.S.A. §§39:5-30; 39:5-31. 150This requirement only applies to persons who are operating motor vehicles that are equipped with seat belts. 
 

N.J.S.A. §39:3-76.2a. 

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All passengers under age 8 and weighing more than 80 lbs., and all passengers 

who are at least age 8 but under 18 shall wear a seat belt. N.J.S.A. §39:3-76.2f. 

Exemptions: N/A 

Sanctions: Violation (child restraint): A fine of not less than $10 or more than $25. The 

fine shall be suspended upon proof of possession of a child restraint system. 

N.J.S.A. §39:3-76.2d. There is no provision allowing for assessment of points 

for a violation. N.J.A.C. 13:19-10.1. 

Violation (seat belt): A fine of $20. N.J.S.A. §39:3-76.2j. 

Effect on Civil In no event shall the failure to wear a child passenger restraint system or to use 

Liability: a booster seat be consider ed as contributory negligence, nor shall the failur e to 

wear such a system be admissible as evidence in the trial of any civil action. 

N.J.S.A. §39:3-76.2a. 

School Bus Safety 

Restraint Systems: 

Requirements: I. Each school bus shall be equipped with seat belts of the lap belt type for each 

seating position on the bus, or other federally approved child restraint systems. 

N.J.S.A. §39:3B-10. 

II. Each passenger who is riding in a school bus equipped with seat belts shall 

wear such a belt when the vehicle is in operation. N.J.S.A. §39:3B-11. 

III. A child who is riding in a school bus equipped with seat belts must be 

secured in a Federal approved child restraint system. N.J.S.A. §39:3B-11. 

Note: This statutory provision does not provide for either age or weight 

limitations related to child restraint usage. 

Sanctions: Violation: A fine of not more than $50 and/or imprisonment for a term not to 

exceed 30 days. N.J.S.A. §39:3B-6. 

Effect on Civil Liability: Neither the owner nor the operator of a school bus 

shall be liable for failure to properly adjust and fasten a seat belt or other child 

restraint system that is in conformity with Federal standards when a passenger 

suffers injury as a direct result of that passenger’s failure to comply with the 

requirement. N.J.S.A. §39:3B-11. 

Motorcycle Protective 

Headgear: 

Requirements: A person operating or riding on a motorcycle 151must wear a State approved 

protective helmet that meets the standards of the Federal Motor Vehicle Safety 

Standard No. 218. N.J.S.A. §39:3-76.7(a); N.J.A.C. 13:20-24.10. 

Sanctions: I. For the motorcycle operator carrying a passenger in violation of the 

requirement - A fine of not less than $50 or more than $100. 

N.J.S.A. §39:3-76.5(a). 

151The term “motorcycle” does not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing 

the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering. NJ ST §§39:3-76.7; 39:3­

76.8. 

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II. For the motorcycle passenger in violation of this requirement – A fine of not 

more than $25. N.J.S.A. §39:3-79. No points are assessed against a person's 

driving record for a violation of this requirement. N.J.S.A. §39:3-76.7(b). 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: No persons shall operate a motorcycle unless wearing State approved goggles or 

a face shield. N.J.S.A. §39:3-76.8. However, if the motorcycle is equipped with 

a State approved windscreen, then the requirement to wear goggles or a face 

shield does not apply. N.J.S.A. §39:3-76.9. 

Sanctions: Violation: A fine of not more than $25. N.J.S.A. §39:3-79. There is no 

provision allowing for the assessment of points for a violation. 

N.J.A.C. 13:19-10.1. 

Passenger Age None 

Restrictions: 

Bicycle Protective See note 152 

Headgear: 

Requirements:	 A person under age 17 shall not operate or ride on a bicycle as a passenger 

unless wearing a helmet. This includes persons who are riding in a restraining 

seat or in a trailer being towed by the bicycle. N.J.S.A. §39:4-10.1(a). 

Sanctions:	 I. A person who violates this provision is given a warning citation. 153 

N.J.S.A. §39:4-10.2(a). 

II. If it can be proven that a parent or legal guardian failed to exercise 

reasonable supervision or control over such a person to insure compliance with 

this requirement, such parent or legal guardian may for a first offense be subject 

to a fine of not more than $25 and for a subsequent offense be subject to a fine 

of not more than $100. N.J.S.A. §39:4-10.2(a). 

Such penalty may be waived if an offender or his parent or legal guardian 

presents suitable proof that an approved helmet was owned at the time of the 

violation or has been purchased subsequently. N.J.S.A. §39:4-10.2. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements:	 I. No person shall ride on and no operator shall knowingly allow a person to 

ride on a vehicle or any part of a vehicle that is not designed or intended for 

passenger use. N.J.S.A. §39:4-69. 

154 

152Exemptions: A municipality may, by ordinance, exempt from this requirement a person operating or riding on a bicycle as a 

passenger when the bicycle is being operated on a road or highway closed to motor vehicle traffic, or exclusively on a trail, route, 

course, boardwalk, path or other area which is set aside for the use of bicycles and pedestrians. However, such exemption may 

not be granted when such trail, route, course, boardwalk, path, or other area is immediately adjacent to a road or highway used by 

motor vehicle traffic and where there is no barrier of sufficient height and rigidity to prevent the inadvertent or deliberate entry of 

a bicycle on such road or highway. N.J.S.A. §39:4-10.1(c). 153 Under separate provisions of law, a juvenile under the age of 17 who violates this provision may receive a warning or may be 

subject to a fine of not more than $10. N.J.S.A. §39:4-203.3. 

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II. No person shall ride upon the rear end of a vehicle, without the consent of 

the driver, and when so riding, no part of the person's body shall protrude 

beyond the limits of the vehicle. N.J.S.A. §39:4-61. 

Sanctions: Violation: A penalty of not more than $50 and/or imprisonment for a term of 

not more than 15 days. N.J.S.A. §39:4-203. There is no provision allowing for 

assessment of points for a violation. N.J.A.C. 13:19-10.1. 

Exemptions: The requirement in I does not apply to an employee engaged in the necessary 

discharge of a duty. N.J.S.A. §39:4-69. 

154A New Jersey Appellate Court has held that this provision prohibits a person from riding in the bed of a pickup truck. 

Lombardo v. Hoag,634 A.2d 550 (N.J. Super A.D. 1993) pet.cert. denied, 640 A.2d 850 (N.J. 1994). 

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NEW MEXICO
 

STATE	 NEW MEXICO 

General Reference: New Mexico Statutes Annotated (NMSA); 

New Mexico Administrative Code (N.M. Admin. Code) 

Seat Belts: 

Requirements: I. When a motor vehicle155 is in operation, all occupants (driver and passengers) 

shall wear seat belts. NMSA §66-7-372(A). 

Exemptions:	 The requirement to wear a seat belt does not apply to persons possessing a 

written statement from a licensed physician stating the medical reasons for not 

wearing a seat belt, and to rural letter carriers of the U.S. Postal Service while 

performing official duties. NMSA §66-7-372(B). 

Enforcement Type:	 Primary Enforcement: The enforcement of this requirement does not have to 

be associated with the enforcement of any other statute. NMSA §66-7-373(D). 

Sanctions:	 Misdemeanor: A fine of $25. NMSA §§66-8-7; 66-8-116(A). In addition, a 

person’s driving record is assessed two (2) points. 

N.M. Admin. Code 18.19.5(52)(G). 

Effect on Civil Failure to comply with this requirement shall not in any instance constitute fault 

Liability: or negligence and shall not limit or apportion damages. NMSA §66-7-373(A). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. A person shall not operate a passenger car, van or pickup truck unless all 

passengers less than age 18 are “properly restrained” as follows: 

(1) Less than 1 year = rear-facing child passenger restraint in the rear seat of a 

vehicle; 156 

(2) Between 1 and 4 years (regardless of weight) or less than 40 lbs. (regardless 

of age) = child passenger restraint device; 

(3) 5 or 6 years (regardless of weight) or less than 60 lbs. (regardless of age) = a 

child booster seat or an appropriate child passenger restraint device; 

(4) 7 through 12 years = child passenger restraint device or seat belt. 157 

NMSA §66-7-369. 

Exemptions:	 The requirement to use either a child passenger restraint system or a seat belt 

does not apply to children being transported in an authorized emergency 

vehicle, a public transportation vehicle or a school bus. NMSA §66-7-369(A). 

Sanctions:	 Misdemeanor: A fine of $25. NMSA §§66-8-7; 66-8-116(A). In addition, a 

person’s driving record is assessed 2 points. N.M. Admin. Code 18.19.5(52)(G). 

155The term "motor vehicle" refers to a motor vehicle having a gross vehicle weight of 10,000 lbs., or less manufactured with 

federally approved seat belts. NMSA §66-7-372(A). 156In situations where the vehicle is not equipped with a rear seat, the child may ride in the front seat if the passenger-side air bag 

is deactivated or if the vehicle is not equipped with a deactivation switch for such air bag. NMSA §66-7-369(B) (1). 157“A child is properly secured in an adult seat belt when the lap belt properly fits across the child’s thighs and hips and not the 

abdomen. The shoulder strap shall cross the center of the child’s chest and not the neck, allowing the child to sit all the way back 

against the vehicle seat with knees bent over the seat edge.” NMSA §66-7-369(C). 

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Effect on Civil Failure to be secured by a child passenger restraint device or by a seat belt shall 

Liability: not constitute fault or negligence in any instance, and shall not limit or 

apportion damages. NMSA §§66-7-369(B); 66-7-373(A). 

School Bus Safety 

Restraint Systems: 

Requirements: A person shall not operate a school bus unless all passengers under the age of 

18 are properly restrained. NMSA §66-7-369(A). 

Sanctions: Misdemeanor: A fine of $25. NMSA §§66-8-7; 66-8-116(A). In addition, a 

person’s driving record is assessed two points. 

N.M. Admin. Code 18.19.5(52)(G). 

Motorcycle Protective 

Headgear: 

Requirements: No person under age 18 shall operate or ride on a motorcycle unless wearing a 

State approved safety helmet, and no person shall carry any passenger under the 

age of 18 unless the passenger is wearing a safety helmet. 158 

NMSA §66-7-356(A). 

Sanctions: Misdemeanor: A term of imprisonment of not more than 90 days and/or a fine 

of not more than $300. NMSA §66-8-7(A), (B). 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: Unless a motorcycle has a fixed windshield, a motorcycle operator shall wear a 

State-approved eye protection device. NMSA §66-7-355(B). 

Sanctions: Misdemeanor: A term of imprisonment of not more than 90 days and/or a fine 

of not more than $300. NMSA §66-8-7(A), (B). The law does not assign points 

for a violation of this requirement. 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: It is unlawful for a parent or legal guardian of a minor to knowingly per mit that 

minor to operate or be a passenger on a bicycle unless that minor wears a wellfitted protective bicycle helmet. NMSA §32A-24-3. 

Sanctions: A civil penalty of not more than $10. A verbal warning may be issued in lieu of 

a fine if proof of helmet purchase is shown. NMSA §32A-24-3(C). 

158Failure to wear a safety helmet in compliance with the law shall not constitute contributory negligence. NMSA §66-7-356(B). 

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Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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NEW YORK
 

STATE NEW YORK 

General Reference: 

Seat Belts: 

McKinney's Consolidated Laws of New York (Vehicle and Traffic Law) 

New York Code of Rules and Regulations (NYCRR) 

Requirements: No person shall operate a motor vehicle, and no passenger under age 16 shall 

ride in a motor vehicle unless such person is restrained by a State approved seat 

belt. NY VEH & TRAF §1229-c(1), (2), (3). 

Exemptions: (1) Persons who for physical or medical conditions cannot use a seat belt, with 

such condition certified by a physician; (2) taxis, liveries and buses (except for 

school buses); and (3) rural letter carriers of the U.S. Postal Service while 

performing official duties. NY VEH & TRAF §1229-c(7), (9), (10). 

Enforcement Type: Primary Enforcement: No statutory provision. 159 

Sanctions: Civil Fine: 

Drivers: A fine of up to $50. 

Passengers: A fine of not less than $25 or more than $100. 

NY VEH & TRAF §1229-c(5). 

Effect on Civil 

Liability: 

Evidence of noncompliance with these requirements shall not be admissible in 

any civil action with respect to liability but may be introduced as to the 

mitigation of damages. However, the party introducing such evidence must 

plead non-compliance as an affirmative defense. NY VEH & TRAF §1229-c(8). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. Back seat passengers: 

1. Under age 4 and 40 lbs. or less = seat which is permanently affixed or affixed 

by a seat belt; 

2. Under age 4 and more than 40 lbs. = appropriate child restraint system used 

with combination lap safety and shoulder harness belts or lap seat belt if a 

combination lap/shoulder harness belt is being used; 

3. Ages 4-7 = appropriate child restraint system used with combination lap 

safety and shoulder harness belts or lap seat belt if a combination lap/shoulder 

harness belt is not available; 

4. Under age 16 = seat belt. NY VEH & TRAF §1229-c(1). 

II. Front seat passengers: 

1. Under age 16 = seat belt; 

2. Under age 4 = seat permanently affixed or affixed by a seat belt; 

3. Under age 4 and more than 40 lbs. = child restraint system used with 

combination lap safety and shoulder harness belts or lap seat belt if a 

combination lap/shoulder harness is not available; 

4. Ages 4-7 = child restraint system used with combination lap safety and 

shoulder harness belts or lap seat belt if a combination lap/shoulder harness is 

159A law enforcement officer observing a violation of the seat belt law may stop the vehicle. People v. Robinson, 832 N.Y.S.2d 

585 (N.Y.A.D. 2 Dept., 2007). 

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not available. NY VEH & TRAF §1229-c(2). 

III. No person age 16 or over shall be a passenger in the front seat of a motor 

vehicle unless restrained by a seat belt. NY VEH & TRAF §1229-c(3). 

Exemptions: These requirements do not apply to children who for physical or medical 

conditions cannot use a child restraint system. NY VEH & TRAF §1229-c(7). 

Sanctions: I-II. Civil Fine: A fine of not less than $25 or more than $100. 

III. Civil Fine: A fine not to exceed $50. 

The fine for a first violation involving a child under age 8 is waived with proof 

of child restraint system acquisition. NY VEH & TRAF §1229-c(5),(6). In 

addition, a person is assessed thr ee (3) points against the driving record. 

15 NYCRR 131.3(b)(6)(vi). 

Effect on Civil Evidence of noncompliance with these requirements shall not be admissible in 

Liability: any civil action with respect to liability but may be introduced as to the 

mitigation of damages. However, the party introducing such evidence must 

plead noncompliance as an affirmative defense. NY VEH & TRAF §1229-c(8). 

School Bus Safety 

Restraint Systems: 

Requirements: I. Persons transporting children under age 4 in a school bus shall secure such 

children in a federally approved child restraint system that is detachable or 

removable. NY VEH & TRAF §1229-c(11). 

II. No person shall operate a school bus for which there are no applicable 

Federal school bus safety standards unless all occupants are restrained by a seat 

belt, or for children age 4-6, restrained with a combination lap safety and 

shoulder harness belts. NY VEH & TRAF §1229-c(13). 

Sanctions: Civil Fine: A fine not less than $25 or more than $100. 

NY VEH & TRAF §1229-c(5). Three points shall be assessed. 

15 NYCRR 131.3(b)(6)(vi). 

Motorcycle Protective 

Headgear: 

Requirements: Any person who operates or rides on a motorcycle160 shall wear a protective 

helmet meeting the requirements of FMVSS No. 218.

161 NY VEH & TRAF 

§381(6). 

Sanctions: Imprisonment for not more than 30 days and/or a fine of not mor e than $100. 

NY VEH & TRAF §381(13). 

160The term “motorcycle” is defined as “[e]very motor vehicle having a seat or saddle for the use of the rider and designed to 

travel on not more than three wheels in contact with the ground, but excluding a tractor.” NY VEH & TRAF §123. By judicial
 

interpretation of this provision, this term includes “minibikes.” Dean v. Holland, 350 N.Y.S.2d 859 (N.Y.Sup. 1973); Tyler v.
 

Traveler’s Ins., Co., 442 N.Y.S.2d 746 (N.Y.Sup. 1981).
 161There is authority at the trial court level indicating that the failure to wear protective headgear might be a factor that can be
 

used to reduce a damage award in favor of motorcycle operators or passengers who have sustained injuries in a traffic accident.
 

Dean v. Holland, 350 N.Y.S.2d 859 (N.Y.Sup. 1973); Penzell v. State, 466 N.Y.S.2d 562 (N.Y.Ct.Cl. 1983).
 

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Exemptions: This requirement does not apply if local law enforcement authorities exempt a 

person when they are participating in an authorized parade or other public 

exhibition. NY VEH & TRAF §381(6). 

Motorcycle Eye 

Protection Device: 

Requirements: Any person who operates a motorcycle shall wear State-approved goggles or a 

face shield. NY VEH & TRAF §381(7). 

Sanctions: Imprisonment for not more than 30 days and/or a fine of not mor e than $100. 

NY VEH & TRAF §381(13). 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: I. A person under age 14 who operates a bicycle or a scooter shall wear a State 

approved helmet. 162 NY VEH & TRAF §1238(2)(a), (2-a), (5)(a), (b). 

II. No bicycle operator shall allow a person less than one year old to ride as a 

passenger on a bicycle. NY VEH & TRAF §1238. 

Note: The above requirements do not apply where a county, city, town, or 

village has enacted a local law or ordinance similar to such law. 

NY VEH & TRAF §1238(9). 

III. A person is prohibited from transporting a child ages 1-4 on a bicycle unless 

such child is wearing a State approved helmet and is placed in a separate seat 

that is attached to the bicycle. NY VEH & TRAF §1238(2)(a), (b), (2-a). 

Sanctions: Civil Fine: A fine of not more than $50. 

163 NY VEH & TRAF §1238(3), (6)(a). 

The fine for a first violation shall be waived upon proof of purchase of a helmet. 

NY VEH & TRAF §1238(4). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: I. An auto truck cannot be operated more than 5 miles if more than one-third of 

the vehicle’s passengers are standing. 164 NY VEH & TRAF §1222(1). 

II. An operator (or an owner) of an auto truck (i.e., pickup truck) shall not allow 

such vehicle to be driven more than 5 miles while there are more than 5 persons 

in the bed of such vehicle who are under the age of 18. Note: This requirement 

does not apply if at least one person over age 18 is riding in the bed of the 

vehicle with these persons. NY VEH & TRAF §1222(2). 

Sanctions: Traffic Infraction: 

162Failure to comply with these requirements shall not constitute contributory negligence or assumption or risk and shall not in
 

any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person. In addition,
 

such a failure shall not diminish or reduce the damages recoverable in any action. NY VEH & TRAF §1238(7). 163If the violation of the person less than age 14 occurs in the presence of that person's parent or guardian where such parent or
 

guardian is age 18 or older, the summons for the offense is issued only to the parent or guardian.
 

NY VEH & TRAF §1238(8). Note: The provisions of NY VEH & TRAF §1238(8) do not apply to violations of the requirement
 

that children under 14 wear a helmet while riding scooters.

164This requirement does not apply if the truck has suitable seats that are attached to the vehicle's body, side racks of a least 3 feet
 

in height above the vehicle's floor and a tailboard or gate that is securely closed. NY VEH & TRAF §1222(1).
 

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First offense – A term of imprisonment of not more than 15 days and/or a fine
 

of not more than $150; 

Second offense (within 18 months) – A term of imprisonment of not more than 

45 days and/or a fine of not more than $300; 

Third or subsequent offense (within 18 months) - A term of imprisonment of
 

not more than 90 days and/or a fine of not more than $450. 

NY VEH & TRAF §1800(a), (b).
 

Exemptions:	 I. The requirement of I above does not apply to persons or corporations 

operating an agency or agencies for public ser vice. 

NY VEH & TRAF §1222(1). 

II. The requirement in II above does not apply if there is at least one person over 

the age of 18 in the body of the truck. NY VEH & TRAF §1222(2). 

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NORTH CAROLINA
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

NORTH CAROLINA 

North Carolina General Statutes Annotated (N.C.G.S.A.) 

When a passenger motor vehicle is in forward motion, the driver and all 

passengers shall wear seat belts. N.C.G.S.A. §20-135.2A(a). 

(1) Persons who for physical or medical reasons cannot appropriately use a seat 

belt; (2) rural letter carriers of the U.S. Postal Service and newspaper delivery 

persons while performing official duties; (3) drivers or passengers who 

frequently stop and leave a vehicle (e.g., delivering property) and the speed of 

the vehicle between stops does not exceed 20 mph; (4) a vehicle registered and 

licensed as a property-carrying vehicle, while being used for agricultural 

purposes in intrastate commerce; (5) persons who are operating certain vehicles 

that are being used for agricultural or commercial purposes; (6) persons 

operating or riding in motor vehicles that are not required by Federal law to 

have seat belts; (7) any occupant of a motor home other than the driver or frontseat passengers; any occupant, while in the custody of law enforcement, being 

transported in the back seat of a law enforcement vehicle; (8) a passenger of a 

residential garbage or recycling truck while the truck is operating during rounds. 

N.C.G.S.A. §20-135.2A(c). 

Primary Enforcement: However, failure of a rear seat occupant shall not be 

justification for the stop of a vehicle. N.C.G.S.A. §20-135.2A(d1). 

Infraction: A driver or front seat passenger shall pay a penalty of $25.50 plus 

court costs. A rear-seat occupant shall pay a penalty of $10 with no court costs. 

No driver’s license points or insurance surcharges shall be assessed as a result 

of a violation of this requirement. N.C.G.S.A. §20-135.2A(e), (f). 

Evidence of failure to comply with these requirements shall not be admissible in 

any criminal or civil trial, action or proceeding except in an action based on a 

violation or as justification for the stop or detention of a vehicle operator and 

passengers. N.C.G.S.A. §20-135.2A(d). 

May be covered under the seat belt law. 

A person who is transporting a passenger younger than age 16 shall properly 

secure such person in a federally approved child passenger restraint system or 

seat belt. N.C.G.S.A. §20-137.1(a). Specifically: 

I. A child younger than 8 and weighing less than 80 lbs. = an appropriate child 

passenger restraint system; 

II. In vehicles with passenger-side front air bags, if there is a rear seat, a child 

younger than 5 and weighing less than 40 lbs. = in rear seat (unless the restraint 

system is designed for use with airbags). 165 N.C.G.S.A. §20-137.1(a1). 

165If no seating position is equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger 

restraint system is available, then a child less than 8 years and between 40-80 lbs. may be restrained by a properly fitted lap belt 

only. N.C.G.S.A. §137.1(a1). 

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NORTH CAROLINA
 

Exemptions: (1) Ambulances or other emergency vehicles; (2) if all seating positions 

equipped with child passenger restraint systems or seat belts are occupied; or (3) 

to vehicles which are not required by Federal law or regulation to be equipped 

with seat belts. N.C.G.S.A. §20-137.1(b). 

Sanctions: Infraction: A “penalty” not to exceed $25 (even when more than one child 

under 16 years was not properly restrained). No driver charged with failure to 

secure a child under age 8 shall be convicted if he produces, at the time of his 

trial, satisfactory proof of acquisition of a child safety restraint system for the 

vehicle in which the child is normally transported. N.C.G.S.A. §20-137.1(c). 

Additionally, two (2) driver license points shall be assessed for a violation of 

this requirement. However, no insurance points shall be assessed. 

N.C.G.S.A. §§20-16(c); 20-137.1(d)(1), (2). 

Effect on Civil 

Liability: 

A violation of this requirement shall not constitute negligence per se or 

contributory negligence per se and shall not be evidence of negligence or 

contributory negligence. N.C.G.S.A. §20-137.1(d)(3), (4). 

School Bus Safety 

Restraint Systems: 

Requirements: There are no statutory provisions. 

Motorcycle Protective 

Headgear: 

Requirements: 

See note. 

166 

No person shall operate or ride on a motorcycle or moped unless wearing a 

safety helmet complying with Federal Motor Vehicle Safety Standard No. 218. 

N.C.G.S.A. §20-140.4(a)(2). 

Sanctions: Infraction: A fine of $25.50 plus court costs. No drivers’ license points or 

insurance surcharges shall be assessed as a result of a violation of these 

requirements. N.C.G.S.A. §20-140.4(c), (d). 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements:	 A parent or legal guardian of a person younger than 16 shall not knowingly 

permit such person to operate or ride as a passenger on a bicycle167 unless 

wearing a protective bicycle helmet. N.C.G.S.A. §20-171.9(a). 

166A violation of this requirement shall not be considered negligence per se or contributory negligence per se in any civil action. 

N.C.G.S.A. §20-140.4(b). 

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NORTH CAROLINA
 

Sanctions: Infraction: A civil fine of up to $10 (inclusive of all penalty assessments and 

court costs). The fine for a first violation may be waived upon proof of helmet 

purchase. N.C.G.S.A. §20-171.9(d), (e). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: A person shall not transport a child younger than 16 in the open bed or cargo 

area of a vehicle. An open bed or cargo area is a bed or cargo area without 

permanent overhead restraining construction. N.C.G.S.A. §20-135.2B(a). 

Sanctions: Infraction: A “penalty” of not more than $25. A person is not assessed court 

costs for a violation of this requirement. No driver license points or insurance 

surcharge shall be assessed on account of a violation of this requirement. 

N.C.G.S.A. §20-135.2B(c), (d). 

Exemptions: This requirement does not apply in the following circumstances: (1) a 

supervising adult is present in the bed or cargo area; (2) the child is secured or 

restrained in a seat belt; (3) an emergency situation exists; (4) the vehicle is 

being used in an official parade; and (5) the vehicle is operated in an 

agricultural enterprise. N.C.G.S.A. §20-135.2B(b). 

167The term “bicycle” in addition to meaning the traditional two-wheeled human-powered vehicle, includes a human-powered 

pedaled vehicle that has more than two wheels. However, this term does not include a “tricycle” which is defined to mean “a 

three-wheeled human-powered vehicle designed for use as a toy by a single child under age 6, the seat of which is not more than 

two feet from the ground.” N.C.G.S.A. §20-171.8(1), (9). 

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NORTH DAKOTA
 

STATE NORTH DAKOTA 

General Reference: North Dakota Century Code Annotated (NDCC) 

Seat Belts: 

Requirements: Drivers and front seat passengers must wear seat belts when a motor vehicle 168 is 

in operation. NDCC §39-21-41.4. 

Exemptions: (1) Drivers of implements of husbandry or farm vehicles; (2) rural mail carriers 

while on duty delivering mail; (3) persons who for physical or medical reasons 

cannot use a seat belt, provided they possess a written statement by a qualified 

physician listing the nature of the condition and the reason restraint is 

inappropriate; and (4) persons who cannot use a seat belt because all of the 

available belts are already in use. NDCC §39-21-41.4. 

Enforcement Type: Secondary Enforcement: A citation for a violation of this requirement cannot 

be issued by a law enforcement officer unless the driver has been lawfully 

stopped or detained for another violation. NDCC §39-21-41.5. 

Sanctions: Non-Criminal Fee: A fine of not more than $20. NDCC §39-06.1-06(2). Points 

may not be assessed against any person for a violation of this requirement. 

NDCC §39-21-41.5. 

Effect on Civil A violation for not wearing a seat belt under this section is not, in itself, 

Liability: evidence of negligence. The fact of a violation of this section is not admissible 

in any proceeding other than one charging the violation. NDCC §39-21-41.4. 

15-Passenger Vans: Not covered under the seat belt law. NDCC §39-21-41.4. 

Child Safety Restraint 

Systems: 

Requirements: I. When a motor vehicle is in motion, a passenger under age 7, less than 57 

inches tall and weighing less than 80 lbs., must be secured in a federally 

approved child restraint system. NDCC §39-21-41.2(1). 

II. When a motor vehicle is in motion, a child between the ages of 7 and 17 

must be secured by a child restraint system or a seat belt. However, a child who 

weighs more than 40 lbs. may be restrained by a lap belt only if there are no 

lap/shoulder belts in the vehicle, or all lap/shoulder belts are in use. 

NDCC §39-21-41.2(1). 

Exemptions: The requirement to use either a child restraint system or a seat belt does not 

apply when a child is being transported in an emergency situation. 

NDCC §39-21-41.2(1). 

Sanctions: Non-Criminal Fee: A fine of $25. NDCC §§39-06.1-06(2)(c); 39-21-46(1). 

The law assigns one (1) point for a violation of these requirements. NDCC §39­

06.1-10(3)(a)(34). 

168 The term “motor vehicle” applies only to motor vehicles that were designed to carry fewer than 11 persons and originally 

manufactured with seat belts. NDCC §39-21-41.4. 

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NORTH DAKOTA
 

Effect on Civil A violation of these requirements is not itself evidence of negligence and a 

Liability: violation is not admissible in any proceeding other than one charging such a 

violation. NDCC §39-21-41.2(2). 

School Bus Safety 

Restraint Systems: 

Requirements: There is no specific statutory provision. However, only passenger vehicles of 

11-passenger capacity or less are required to be equipped with seat belts. 

NDCC §39-21-41.4. 

Motorcycle Protective See note. 

169 

Headgear: 

Requirements: No person under age 18 may operate or ride on a motorcycle unless wearing 

headgear safety helmet meeting U.S. Dept. of Transportation standards. If an 

operator is required to wear a helmet, all passengers traveling with him must 

wear a helmet, regardless of age. No person may operate a motorcycle if a 

person under age 18 is a passenger and is not wearing a helmet. 

NDCC §39-10.2-06(1), (3). 

Sanctions: Infraction: 

First offense – A fine of not more than $1,000; 

Second or subsequent offense (within 1 year) (Class B misdemeanor) – Not 

more than 30 days and/or a fine of not more than $1,500. NDCC §§12.1-32­

01(6), (7); 39-07-06. A person violating this requirement is assessed two (2) 

points against the driver's license record. NDCC §39-06.1-10(3)(a)(28). 

Exemptions: This requirement does not apply to persons riding within an enclosed cab or on 

a golf cart. NDCC §39-10.2-06(2). 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

169In a traffic accident situation, evidence of failure to wear protective headgear may be admitted into evidence for the purpose of 

mitigating damages so long as there is competent testimony by a qualified expert that the use of a helmet would have lessened the 

injuries sustained. Halvorson v. Voeller, 336 N.W.2d 118 (N.D. 1983). 

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OHIO
 

STATE	 OHIO 

General Reference: Ohio Revised Code Annotated (R.C.); Ohio Administrative Code (OAC) 

Seat Belts: 

Requirements: I. No person shall operate an automobile 170 unless wearing a seat belt. 

171 

II. A person shall not operate an automobile unless all front seat passengers are 

wearing seat belts. R.C. §4513.263(B). 

Exemptions:	 (1) Employees of the U.S. Postal Service engaged in delivering mail; (2) 

newspaper home delivery employees engaged in the delivery of newspapers; (3) 

a person with a physical impairment possessing a signed affidavit from a 

licensed physician or chiropractor. R.C. §4513.263(C). 

Enforcement Type:	 Secondary Enforcement: A law enforcement officer shall not stop a person 

operating an automobile for the sole purpose of determining a violation of these 

requirements. R.C. §4513.263(D). 

Sanctions:	 I. A person who violates I above is subject to a fine of $30. (Minor 

Misdemeanor).
 

II. A passenger who violates II above is subject to a fine of $20. (Minor 

Misdemeanor).
 

R.C. §4513.263(G).
 

No points are to be assessed against person's driving record for a violation of the
 

above requirements. R.C. §4510.036.
 

Effect on Civil I. A violation of these requirements shall not be considered or used as evidence 

Liability:	 of negligence or contributory negligence. However, a judge or jury may 

determine based on evidence admitted that the violation contributed to the harm 

and may diminish recovery of compensatory damages that represents 

noneconomic loss that could have been recovered but for the plaintiff’s failure 

to follow the requirements. 

II. Additionally, the failure to follow the requirements may be admissible into 

evidence in a products liability case where the plaintiff seeks to recover 

damages for injury or death and the claim is that such injury or death was 

enhanced or aggravated by some design defect. R.C. §4513.263(F). 

15-Passenger Vans: Not covered under the seat belt law. R.C. §§4501.01(E); 4513.263(A). 

Child Safety Restraint 

Systems: 

Requirements:	 I. The operator of a motor vehicle 172 shall secure a child under the age of four 

and/or who weighs less than 40 lbs. properly secured in a federally approved 

child restraint system. R.C. §4511.81(A). 

II. Any child less than age 8 and less than 4 feet 9 inches in height shall be 

secured in a booster seat. R.C. §4511.81(C). 

170The term “automobile” means any commercial tractor, passenger car, commercial car, or truck that is required to have seat 

belts under Federal law. R.C. §4513.263(A)(1). 171The law refers to a seat belt as an “occupant restraining device.” R.C. §4513.263(A)(2). 172This requirement only applies to motor vehicles that are required to be equipped with seat belts under Federal law, and 

excludes taxicabs or public safety vehicles. A “public safety vehicle” is an ambulance or other emergency medical service 

vehicle, a vehicle used by law enforcement or fire departments, or a vehicle used by the commercial motor vehicle safety 

enforcement unit. R.C. §§4511.01(E); 4511.81(A). 

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OHIO
 

Exemptions: 

Sanctions: 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Sanctions: 

Motorcycle Protective 

Headgear: 

Requirements: 

III. Any child, age 8-15, shall be properly restrained in a child restraint system 

or seat belt. R.C. §4511.81(D). 

The requirement to use a child restraint system does not apply when an 

emergency exists that threatens the life of either the vehicle operator or the
 

child. R.C. §4511.81(H).
 

First offense (Minor Misdemeanor) - A fine of not less than $25 or more than
 

$75; 

Second or subsequent offense (4th Degree Misdemeanor) – Imprisonment for
 

not more than 30 days and/or a fine of not more than $250. 

R.C. §§4511.81(L); 2929.24(A); 2929.28(A)(2)(a). 

The failure of an operator to comply with this requirement is not negligence that 

can be imputed to the child. Evidence of such a failure is not admissible in any 

civil action involving the rights of the child to recover damages against any 

other person. R.C. §4511.81(G). 

I. Any child who is under age 4 and/or who weighs less than 40 lbs. and is 

transported in a motor vehicle (other than a taxicab) that is owned, leased, or 

otherwise under the control of a nursery school, kindergarten, or daycare center, 

shall be secured in a federally approved child restraint system. 

R.C. §4511.81(B). 

II. No person, school board, or governmental entity shall purchase, lease or rent 

a new school bus less the school bus has seat belts installed for use in its 

operator’s seat. R.C. §4511.772(A). 

For a violation of I above:
 

First offense (Minor Misdemeanor)– a fine of not less than $25 or more than 

$75;
 

Second or subsequent offense (4th Degree Misdemeanor) – imprisonment for
 

not more than 30 days and/or a fine of not more than $250. 

R.C. §§4511.81(L); 2929.24(A); 2929.28(A)(2)(a). 

For a violation of II above, a fine of not more than $150. R.C. §§4511.772(B); 

2929.28(A)(2)(a). 

I. No person under age 18 or who holds a novice motorcycle operator's license 

shall operate or be a passenger on a motorcycle unless wearing a State approved 

protective helmet. II. Any passenger (regardless of age) on a motorcycle 

operated by a person under age 18 or holding a novice motorcycle operator’s 

license must wear a U.S. DOT -approved protective helmet. R.C. §4511.53(C). 

Helmets must meet the requirements of FMVSS No. 218. OAC 4501-17-02. 

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OHIO
 

Sanctions: First offense (Minor Misdemeanor) - A fine of not more than $150; 

Second offense (within 1 year) (4th Degree Misdemeanor) - Imprisonment for 

not more than 30 days and/or a fine of not more than $250; 

Third or subsequent offense (within 1 year) (3rd Degree Misdemeanor) ­

Imprisonment for not more than 60 days and/or a fine of not mor e than $500. 

R.C. §§4511.53(E); 2929.24(A); 2929.28(A)(2)(a). 

No points are to be assessed against person's driving record for a violation of the 

above requirements. R.C. §4510.036. 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: No person shall operate or ride on a motorcycle without using safety glasses or 

other protective eye device. R.C. §4511.53(C). 

Sanctions: First offense (Minor Misdemeanor) - A fine of not more than $150; 

Second offense (within 1 year) (4th Degree Misdemeanor) - Imprisonment for 

not more than 30 days and/or a fine of not more than $250. 

Third or subsequent offense (within 1 year) (3rd Degree Misdemeanor) ­

Imprisonment for not more than 60 days and/or a fine of not mor e than $500. 

R.C. §§4511.53(E); 2929.24(A); 2929.28(A)(2)(a). 

No points are to be assessed against person's driving record for a violation of the 

above requirements. R.C. §4510.036. 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: I. A driver of a truck, trailer or semi-trailer shall not knowingly permit a person 

under age 16 to ride in the vehicle's unenclosed or unroofed cargo storage area 

when such vehicle is traveling faster than 25 mph. 

II. A driver of a truck, trailer, or semi-trailer shall not permit a person to ride in 

the cargo storage area or a tailgate of the vehicle while the tailgate is unlatched. 

III. No operator shall allow a person to and no person shall hang onto or ride on 

the outside of any motor vehicle, streetcar, or trackless trolley while it is 

moving. R.C. §4511.51(C), (D), (E), (F). 

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OHIO
 

Sanctions: A violation of the requirements in I and II above is a Minor Misdemeanor: A 

fine of not more than $150. R.C. §§2929.24; 4511.51(G)(1). 

The following sanctions apply for a violation of III above:
 

First offense (Minor Misdemeanor) - A fine of not more than $150; 

Second offense (within 1 year) (4th Degree Misdemeanor) - A jail term of not
 

more than 30 days and/or a fine of not mor e than $250; 

Third or subsequent offense (within 1 year) (3rd Degree Misdemeanor) - A jail 

term of not more than 60 days and/or a fine of not more than $500. 

R.C. §§4511.51(G); 2929.24(A); 2929.28(A)(2)(a). 

No points are to be assessed against person's driving record for a violation of the 

above requirements. R.C. §4510.036. 

Exemptions:	 I. The requirement in I above does not apply in the following circumstances: (1) 

The person under age 16 is seated in the cargo area and is wearing a seat belt; 

and (2) an emergency exists that threatens the life of either the driver or the 

person under age 16. R.C. §4511.51(E)(1), (2). 

II. The requirement in II above does not apply to workers riding in such 

vehicles and who are performing specialized highway or street maintenance or 

construction under the authority of a public agency. R.C. §4511.51(F). 

III. The requirement in III does not apply to mechanics or test engineers making 

repairs or adjustments or to workers perfor ming specialized highway or street 

maintenance or construction under the authority of a public agency. 

R.C. §4511.51(C), (D). 

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OKLAHOMA
 

STATE	 OKLAHOMA 

General Reference: Oklahoma Statutes Annotated (Okl.St.Ann.) 

Seat Belts: 

Requirements:	 When a passenger vehicle173 is in use, the driver and every front-seat passenger 

shall wear a properly adjusted and fastened safety seat belt system. 

47 Okl.St.Ann. §12-417(A). 

Exemptions:	 (1) Drivers or passengers who are unable to wear such a belt for medical 

reasons and possess written attestation by a license physician; and (2) route 

carriers of the U.S. Postal Service while performing official duties. 

47 Okl.St.Ann. §12-417(B), (C). 

Enforcement Type:	 Primary Enforcement: A law enforcement officer may initiate a traffic stop for 

a violation of the seat belt law so long as he has reasonable suspicions or 

probable cause that a violation is taking place. 174 

Sanctions:	 Misdemeanor: Fine and court costs cannot exceed $20. No points shall be 

assessed against an offender's driving record. 

47 Okl.St.Ann. §§12-417(D), (E); 17-101(A). 

Effect on Civil A violation of this requirement may be used in a civil proceeding and use or 

Liability: nonuse of a seat belt shall be submitted into evidence in any civil suit unless the 

plaintiff in such suit is a child under age 16. 47 Okl.St.Ann. §12-420. 

15-Passenger Vans: Covered under the seat belt law. 47 Okl.St.Ann. §§12-417(A)(2); 1-107.4(B). 

Child Safety Restraint 

Systems: 

Requirements: I. Every driver when transporting a child under age 6 in a motor vehicle shall 

secure such child in a federally approved child restraint system. 

II. Every driver when transporting children ages 6-12 must secure such child in 

either a child passenger restraint system or a seat belt. 

III. A child who weighs more than 40 lbs., transported in the back seat of a 

vehicle, may wear a lap seat belt when a combination lap and shoulder belt is 

not available. 47 Okl.St.Ann. § 11-1112(A), (B), (C)(5). 

Exemptions:	 (1) A driver who is operating a school bus, taxicab, moped, motorcycle, or a 

motor vehicle that is not required to be equipped with seat belts; (2) a driver of 

an ambulance or emergency vehicle; (3) a driver where all of the available seat 

belts are in use; and (4) children who for medical reasons are unable to use 

either a child restraint system or a seat belt and possess written documentation 

from a physician. 47 Okl.St.Ann. §11-1112(C). 

Sanctions:	 Misdemeanor: A fine of $50 plus court costs. Such fine shall be suspended and 

173“Passenger vehicle” means a Class D motor vehicle, but shall not include trucks, truck-tractors, recreational vehicles, 

motorcycles, or motorized bicycles, or a vehicle used primarily for farm use. 47 Okl.St.Ann. §12-417(A)(2). A Class D motor 

vehicle shall not include any vehicle that is designed to carry 16 or more passengers, including the driver. 47 Okl.St.Ann. §1­

107.4(B).

174See U.S. v. Favela Favela, 2002 WL 532416 (10th Cir. 2002) (unpublished). In this case, the 10th Circuit held that an 

Oklahoma police officer had reasonable suspicion and probable cause to stop a vehicle when the officer noticed a seat belt 

violation by a front seat passenger. 

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Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Sanctions: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

Sanctions: 

OKLAHOMA 

court costs limited to a maximum of $15 in the case of a first offense, upon 

proof of purchase or acquisition of a child restraint system. No points shall be
 

assessed for a violation of these requirements. 47 Okl.St.Ann. §§11-1112(F); 

17-101(A).
 

A violation of these requirements shall be admissible as evidence in any civil
 

action or proceeding for damages unless the plaintiff in such action or
 

proceeding is a child under age 16. In any action brought by or on behalf of an 

infant for personal injuries or wrongful death, the failure to comply with these
 

requirements shall not be used in the aggravation or mitigation of damages. 47 

Okl.St.Ann. §11-1112(D).
 

See note. 

175 The operator of a school bus shall wear a seat belt when such 

vehicle is in motion.
 

Misdemeanor: A fine of not less than $25 or more than $100; 

70 Okl.St.Ann. §24-121; 47 Okl.St.Ann. §17-101(A).
 

No person under age 18 shall operate or ride upon any motorcycle unless
 

wearing a crash helmet that complies with the standards established by the
 

Federal Motor Vehicle Safety Standard No. 218. 47 Okl.St.Ann. §12-609(B).
 

Misdemeanor: A fine of not less than $5 or more than $500 or;
 

First offense - A term of imprisonment of not more than 10 days;
 

Second offense (within 1 year after the first conviction) – A term of not more
 

than 20 days;
 

Third or subsequent offense (within 1 year after the date of the first conviction)
 

– A term of not more than 6 months and/or a fine of not less than $20 or more 

than $500. 47 Okl.St.Ann. §17-101(B). 

None 

If a motorcycle or motor scooter is not equipped with a windshield, the operator
 

shall wear goggles or a face shield that is designed to protect them from foreign
 

objects. 47 Okl.St.Ann. §12-609(A)(2).
 

Misdemeanor: A fine of not less than $5 or more than $500 or;
 

First offense - A term of imprisonment of not more than 10 days;
 

Second offense (within 1 year after the first conviction) – A term of not more
 

than 20 days; 

Third or subsequent offense (within 1 year after the date of the first conviction)
 

175While there is no specific statute requiring the use of child safety restraints, 70 Okl.St.Ann. §9-107 does state that “each school 

bus shall be operated in conformity with all rules of the road duly established by law and shall observe traffic requirements for 

the route which it travels.” 

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OKLAHOMA 

– A term of not more than 6 months and/or a fine of not less than $20 or more 

than $500. 47 Okl.St.Ann. §17-101(B). 

Passenger Age 

Restrictions: 

No person under age 16 shall drive a motorcycle while transporting any other 

person. 47 Okl.St.Ann. §11-1103(A). 

The operator of a motorcycle who has attained age 16 or older may carry a 

passenger if the wheel diameter is 12 inches or greater, and the motorcycle is 

equipped with a double seating device with double foot rests or a sidecar 

attachment. 47 Okl.St.Ann. §11-1103(B). 

Bicycle Protective 

Headgear: 

Requirements: When operating an electric-assisted bicycle 176 a person 18 years or younger 

shall wear a nationally approved bicycle helmet. 47 Okl.St.Ann. §11-805.2(5). 

Sanctions: Misdemeanor: A term of imprisonment of not more than 6 months and/or a 

fine of not less than $20 or more than $500. 47 Okl.St.Ann. §17-101(C). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: A person who is operating a motor vehicle shall not allow passengers to ride 

outside of the “passenger compartment” of the vehicle. 

47 Okl.St.Ann. §11-1114(A). 

Sanctions: Misdemeanor: A fine of $10 plus court courts of $15. The law specifically 

provides that no points shall be assessed against a driver for a violation of this 

requirement. 47 Okl.St.Ann. §§11-1114(B); 17-101(A). 

Exemptions: This requirement does not apply: (1) to passengers riding in a vehicle either on 

private property, in parades, or for special events; or (2) to passengers riding 

“on the bed of a pickup truck.” 47 Okl.St.Ann. §11-1114(A). 

176An “electric-assisted bicycle” is any bicycle with 2 or 3 wheels and fully operative pedals for human propulsion and equipped 

with a motor. 47 Okl.St.Ann. §1-104(B). 

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OREGON
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

OREGON 

Oregon Revised Statutes (O.R.S.) 

I. A person operating a motor vehicle on the highways must be properly secured 

with a seat belt or safety harness. 

II. A driver cannot operate a motor vehicle unless all passengers younger than 

age 16 are secured in seat belts, child safety systems or safety harnesses. 

III. All motor vehicle passengers age 16 or older riding in a privately owned 

commercial vehicle designed and used for the transportation of 15 or fewer 

persons must secure themselves in a seat belt or safety harness, and must secure 

any passenger for whom they are responsible in a child safety system. 

O.R.S. §811.210(1). 

(1) Privately owned commercial vehicles used for the transportation of persons 

for compensation or profit (except motor carriers when operating in interstate 

commerce and taxicab operators); (2) any vehicle not required to be equipped 

with seat belts or harnesses at the time of manufacturing; (3) school buses or 

school activity vehicles exempted under O.R.S. §815.080; (4) persons 

possessing a certificate of exemption who have a physical or medical condition 

which makes it harmful or impractical to wear a seat belt or harness; (5) any 

person who is a passenger in a vehicle if all seating positions are occupied by 

other persons; (6) any person transported while in the custody of a police or any 

other law enforcement officer; (7) any person delivering newspapers or mail in 

the regular course of work; (8) any person riding in an ambulance for the 

purpose of administering medical aid to another if a seat belt or harness would 

substantially inhibit the administration of medical aid; (9) any person who is 

reading utility meters in the regular course of work; (10) any person employed 

to operate a mass transit vehicle during the regular course of work; and (11) any 

person who is collecting solid waste or recyclable materials in the regular 

course of work. O.R.S. §§811.210; 811.215; 811.220. 

Primary Enforcement: There is no statutory provision. 177 

Class D Traffic Violation: A fine of not more than $250. 

O.R.S. §§153.018(2)(d); 801.557; 811.210(4). 

Evidence of nonuse of a seat belt or harness may be admitted only to mitigate 

the injured party’s damages. The mitigation of damages shall not exceed 5% of 

the damages that would have otherwise been awarded. However, this restriction 

does not apply if nonuse of a seat belt was a substantial or contributing cause of 

the accident that resulted in the personal injuries. O.R.S. §31.760. 

Covered under the seat belt law. 

I. A child under age one, regardless of weight, or a person who weighs 20 lbs., 

or less shall be properly secured with a rear-facing child safety system. 

177See State v. Bourget-Goddard, 993 P.2d 814 (Or.App. 1999) (holding an officer may stop a vehicle where he has probable 

cause to believe a driver or passenger is in violation of the seat belt safety law). 

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OREGON
 

II. A person weighing 40 lbs. or less = child safety system. 

III. A person weighing more than 40 lbs. and who is 4 feet 9 inches or shorter = 

child safety system that elevates the person so that a seat belt or harness 

properly fits the person. 178 However, if the rear seat of a vehicle is not equipped 

with shoulder belts, then the person shall be secured by a lap belt. 

IV. A person who is taller than 4 feet 9 inches = seat belt or safety harness. 

V. A person who is age 8 or older need not be secured with a child safety 

system but must be properly secured with a federally approved seat belt or 

harness. O.R.S. §811.210(2). 

Exemptions:	 N/A 

Sanctions:	 Class D Traffic Violation: A fine of not more than $250. 

O.R.S. §§153.018(2)(d); 801.557; 811.210(4) 

Effect on Civil Evidence of nonuse of a seat belt or harness may be admitted only to mitigate 

Liability:	 the injured party’s damages. The mitigation of damages shall not exceed 5 % of 

the damages that would have otherwise been awarded. However, this restriction 

does not apply if nonuse of a seat belt was a substantial or contributing cause of 

the accident that resulted in the personal injuries. O.R.S. §31.760. 

School Bus Safety 

Restraint Systems: 

Requirements: There are no statutory provisions. 

Motorcycle Protective 

Headgear: 

Requirements: I. A person who operates or rides on a motorcycle or a moped must wear a 

motorcycle helmet, and must ensure his passenger wears a helmet. 

O.R.S. §§814.260(1); 814.269(1); 814.275(1); 814.280(1). 

II. A person who operates a motor-assisted scooter on a highway or on premises 

open to the public must wear bicycle-type protective headgear. There is an 

exemption based on a person’s religious beliefs or practices. 

O.R.S. §814.534(1),(2). 

Sanctions:	 I. A violation of the requirements in I above: 

Class D Traffic Violation: A fine of not more than $250. O.R.S. 

§§153.018(1),(2); 801.557; 814.260(4); 814.269(3); 814.275(3); 814.280(3). 

II. A violation of the requirement in II above:
 

Traffic Violation: A maximum fine of $25. O.R.S. §814.534(4).
 

Exemptions:	 This requirement does not apply if the person is riding in an enclosed cab, or the 

person is riding in a vehicle that is designed to travel with three wheels at a 

speed of less than 15 mph. O.R.S. §814.290. 

178“Proper fit” means “the lap belt of the seat belt or safety harness is positioned low across the thighs and the shoulder belt is 

positioned over the collarbone and away from the neck.” O.R.S. §811.210(2)(c). 

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Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: 

See note. 

179 

I. A person under the age of 16 who operates or rides on a bicycle on a highway 

or on premises open to the public must wear protective headgear. 

O.R.S. §814.485(1). 

II. A person cannot operate a bicycle with a passenger younger than 16 unless 

such passenger is wearing protective headgear. O.R.S. §814.486(1). 

III. It is illegal for a parent or legal guardian to allow his/her child younger than 

16 to operate or ride a bicycle unless such child wears protective headgear. 

O.R.S. §814.486(1). 

Sanctions: Traffic Infraction (Violation): A fine of not more than $25. 

180,181 

O.R.S. §§801.557; 814.485(3); 814.486(3). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: It is an offense to carry a minor (under age 18) on an external part of a motor 

vehicle, including the hood, fender, running board, open bed or any other 

external part of any motor vehicle that is upon a highway. O.R.S. §811.205. 

Sanctions: Class B traffic violation: A fine not to exceed $1,000. O.R.S. §153.018(2). 

Exemptions: This requirement does not apply: (1) to a minor in the open bed of a motor 

vehicle when the minor is secured with a seat belt or harness; (2) when the 

vehicle is operated in an organized parade; or (3) when the minor is seated on 

the floor of the open bed of a motor vehicle in which all of the available 

passenger seats are occupied by minors and the tailgate is securely closed, and: 

(i) the minor is being transported in the course and scope of employment; or (ii) 

the minor is being transported between a hunting camp and hunting site or 

between hunting sites during hunting season and the minor has a hunting 

license. O.R.S. §815.205(3). 

179A person is exempt from this requirement if the use of bicycle protective headgear would violate a religious belief or practice 

of the person. O.R.S. §814.487. 180If the offender is age 11 or younger, any citation for a violation of this requirement is issued to the child’s parent or legal 

guardian. If the offender is at least age 12 but under 16, a citation for a violation of this requirement may be issued to the child or 

to his/her parent or legal guardian, but not to both. O.R.S. §814.488. 181The first time a person is convicted of failure to wear or require the use of a safety helmet, the person shall not be required to 

pay a fine if he proves to the satisfaction of the court that he has protective headgear. O.R.S. §814.488(3). 

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PENNSYLVANIA
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

Exemptions: 

PENNSYLVANIA 

Pennsylvania Consolidated Statutes (Pa.C.S.A.) 

I. When a motor vehicle182 is in operation, the driver and front seat passengers
 

shall wear a seat belt. 75 Pa.C.S.A. §4581(a)(2).
 

II. A driver under age 18 may not operate a motor vehicle in which the number
 

of passengers exceeds the number of available seat belts.
 

75 Pa.C.S.A. §4581(a)(3).
 

(1) A driver or front seat occupant of any vehicle manufactured before July 1,
 

1966; (2) a driver or front seat occupant who possesses written verification from
 

a physician or psychiatrist that he is unable to wear a safety seat belt system for
 

physical, medical or psychological reasons; (3) a rural letter carrier of the U.S.
 

Postal Service while performing official duties; and (4) a driver who make
 

frequent stops for the purpose of delivering goods or services and where the
 

vehicle is traveling less than 15 mph. 75 Pa.C.S.A. §4581(a)(2).
 

Secondary Enforcement: A conviction for a violation of the requirements shall 

occur only as a secondary action when a driver has been convicted of another 

offense under the Vehicle Code. 75 Pa.C.S.A. §4581(a)(2), (b). 

See note. 

183 Summary Offense: A fine of $10. No other costs can be assessed 

for a violation of these requirements. In addition, a violation of such 

requirements shall not result in the assessment of points against a person's driver 

record and is not considered to be a moving violation. A violation of these 

requirements cannot be used to increase insurance premiums. No points are 

assigned for a violation of seat belt requirements. 75 Pa.C.S.A. §4581(b), (h). 

A violation of these requirements cannot be admitted into evidence at a civil 

trial. A jury shall not be instructed that failure to use a seat belt constitutes a 

violation. Such a violation shall not be considered contributory negligence. 

75 Pa.C.S.A. §4581(e). 

May be covered under the seat belt law. 

I. Where there is a seating position available with a seat belt, a person who is 

transporting a child under age 4 in a motor vehicle must secure such child in a 

federally approved child passenger restraint system. 75 Pa.C.S.A. §4581(a)(1). 

II. A child age 4 or older but younger than 8 shall be secured in a seat belt or a 

booster seat. 75 Pa.C.S.A. §4581(a)(1.1). 

The requirement to use a child passenger restraint system does not apply if the 

use of such a system would be impractical for physical (e.g., size of the child) or 

medical reasons. 75 Pa.C.S.A. §4581(g). 

182The term “motor vehicle” means a passenger car, Class I truck (weighing 5,000 lbs., or less), Class II truck (weighing 5,001 ­

7,000 lbs.), or motor home. 75 Pa.C.S.A. §§1916(a)(1); 4581(a)(2).
 183Junior Drivers: “Junior drivers” (licensees 16 or 17 years old) are subject to a suspension of the driving privileges until they
 

are age 18 or for a period not to exceed 90 days if convicted of any violation of 75 Pa.C.S.A. 75 Pa.C.S.A. §1503(c)(3).
 

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Sanctions: 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Sanctions: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

Sanctions: 

Passenger Age 

Restrictions: 

Summary Offense: A fine of not more than $75. This is not consider ed a 

moving violation. The fine is waived upon proof of acquisition of a child 

restraint system. No points are assigned for a violation of this requirement. 

75 Pa.C.S.A. §4581(a), (b), (c). 

A violation of these requirements shall not be admitted into evidence at a civil 

trial. A jury shall not be instructed that failure to use a child restraint system 

constitutes a violation. Such a violation shall not be considered contributory 

negligence. 75 Pa.C.S.A. §4581(e). 

There is no specific statutory provision, however 75 Pa.C.S.A. §4551(a) 

requires all school buses and other vehicles used in the transportation of school 

children to conform to standards and regulations prescribed by the department. 

Any person operating or permitting to be operated a vehicle not in compliance 

with the safety requir ements will be found to have committed a summary 

offense and receive a fine of not less than $50 or more than $100. 

75 Pa.C.S.A. §4551(b). 

No person age shall operate or ride on a motorcycle or motor-driven cycle 

(except a motorized pedal-cycle) unless wearing State approved protective 

headgear. 75 Pa.C.S.A. §3525(a). 

Summary Offense: A fine of $25. 75 Pa.C.S.A. §6502(a). 

This requirement does not apply to: (1) the operator or any occupant of a threewheeled motorcycle equipped with an enclosed cab; (2) a person age 21 or older 

who has been licensed to operate a motorcycle for at least 2 full calendar years; 

(3) a person age 21 or older who has completed a motorcycle rider safety course
 

approved by the department or the Motorcycle Safety Foundation; or (4) a
 

passenger age 21 or older falling into an exemption listed above.
 

75 Pa.C.S.A. §3525(d).
 

No person shall operate or ride a motorcycle or motor-driven cycle (except a 

motorized pedal-cycle) unless wearing a State approved eye-protection device. 

75 Pa.C.S.A. § 3525(b). 

Summary Offense: A fine of $25. 75 Pa.C.S.A. §6502(a). 

None 

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PENNSYLVANIA
 

Bicycle Protective See note. 

184 

Headgear: 

Requirements:	 See note. 

185A person under age 12 shall wear a nationally approved pedalcycle 

(bicycle) helmet when operating or riding on a pedalcycle (bicycle). 186 

75 Pa.C.S.A. §3510(a). 

Sanctions:	 Summary Offense: A fine of not more than $25. 

187 75 Pa.C.S.A. §§3510(d); 

6502(a). 

Note: If a person receives a citation for violation of the safety helmet law, a 

magistrate or judge shall dismiss the charges if the person displays evidence of 

acquisition of a helmet. Sufficient evidence shall include a receipt mailed to the 

appropriate court officer, which evidences purchase or transfer of a helmet, 

evidenced by a notarized letter. 75 Pa.C.S.A. §3510(b). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements:	 I. If a person is occupying the bed of a truck, it may not be driven at a speed of 

more than 35 mph. 75 Pa.C.S.A. §3719(a). 

II. A person cannot operate either an open-bed pickup truck or open flatbed 

truck at any speed if a person under age 18 is occupying the bed of such truck or
 

trailer. 75 Pa.C.S.A. §3719(b)(1).
 

III. A child under age 4 who is being transported in the cargo area of a motor
 

vehicle must be secured in a child passenger restraint system.
 

75 Pa.C.S.A. §4581(a)(1).
 

Sanctions:	 I. For a violation of I or II above, a Summary Offense. A fine of not more than 

$25. 75 Pa.C.S.A. §6502(a). 

II. For the sanctions related to a violation of requirement III above, see the 

sanctions for a violation of the requirements for the use of Child Safety 

Restraint Systems. 

Exemptions:	 The prohibition contained in requirement II above does not apply to: (1) a child 

of or a child employed by a farmer where the child is being transported either 

between parts of the farm or for farm work; (2) a child being transported 

between a hunting camp and a hunting site; or (3) a child who is participating in 

an authorized parade. 75 Pa.C.S.A. §3719(b)(2). 

184This requirement does not apply to a child under age 12 who can produce a statement from the family's church authorities
 

attesting that it is against the tenets of the family's religion to wear a helmet. 75 Pa.C.S.A. §3510(b.3).
 185A violation of this requirement shall not be used as evidence in any civil action. 75 Pa.C.S.A. §3510(c). 186This requirement also applies if the person under age 12 is riding in a restraining seat attached to the pedalcycle (bicycle) or in
 

a trailer towed by a pedal-cycle (bicycle). 75 Pa.C.S.A. §3510(a). 187The parent or legal guardian of the child who violates this requirement shall be jointly and severally liable with such child for
 

the amount of the fine. 75 Pa.C.S.A. §3510(d).
 

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PUERTO RICO
 

STATE	 PUERTO RICO 

General Reference: Laws of Puerto Rico Annotated (LPRA) (December 2011) 

Seat Belts: 

Requirements:	 I. Any driver or passenger on the public highways in a motor vehicle, which 

must be equipped with seat belts, shall be secured in such seat belts while the 

vehicle is being driven. 

II. It shall be the duty of every driver to require every occupant of the vehicle to 

use the available safety seat belts. 

III. There shall not be more passengers than seat belts available. 

9 LPRA §5382(a) 

Exemptions:	 (1) Drivers and passengers who are prevented from using seat belts for medical 

or physical reasons and hold a medical certificate that certifies it; and (2) drivers 

and passengers of public service vehicles while rendering services in short 

routes authorized by the Public Service Commission by petition of the 

interested parties. 9 LPRA §5382(b). 

Enforcement Type:	 Primary Enforcement: No statutory provisions. 188 

Sanctions:	 Administrative Offense: A fine of $50 (for each passenger who fails to wear a 

seat belt). 9 LPRA §5382. 

Effect on Civil It appears that Puerto Rico follows a comparative negligence rule. 189
 

Liability:
 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements:	 I. It is mandatory for every person who drives a motor vehicle on the public 

highways, in which a child less than age 4 is transported to ensure that such 

child is seated in a child protection seat. 

II. Every child under age 12 shall ride in the back seat of a vehicle unless the 

motor vehicle is equipped only with front seats. 9 LPRA §5383. 

Exemptions:	 Exempt from this provision are those children who suffer some sort of disability 

duly certified by a physician, which prevents them from traveling safely in said 

seats. This section does not apply to drivers of public service vehicles. 

9 LPRA §5383. 

Sanctions:	 Administrative Offense: A fine of $100. 9 LPRA §5383. 

Effect on Civil It appears that Puerto Rico follows a comparative negligence rule.
 

Liability:
 

188See U.S. v. Nunez-Torres, 601 F.Supp.2d 388 (D. Puerto Rico 2008) (noting that it is permissible for the police to stop a 

vehicle to investigate whether the driver was wearing a seat belt).

1899 LPRA §2058 provides for benefits for injuries sustained as a result of an automobile accident under the Automobile Accident 

Social Protection Act. This Act provides for an exemption of $1,000 for physical and mental sufferings, and $2,000 for other 

damages, when the victim is at fault. 

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School Bus Safety 

Restraint Systems: 

Requirements: No statutory provisions. 

190 

Motorcycle Protective 

Headgear: 

Requirements:	 Any person who drives or is a passenger on a motorcycle, moped or motor 

scooter on the public roads shall use an approved safety helmet meeting the 

requirements established by the Department of Transportation while the vehicle 

is in motion. 9 LPRA §5296(b). 

Sanctions:	 Administrative Offense: A fine of $50. 9 LPRA §5296. 

Exemptions:	 None 

Motorcycle Eye 

Protection Device: 

Requirements: A driver shall use goggles, or spectacles, or install a windshield on the vehicle 

(motor cycle). 9 LPRA §5296(b). 

Sanctions: Administrative Offense: A fine of not more than $50. 9 LPRA § 5296. 

Passenger Age No driver may transport a person under age 12. 9 LPRA §5296(a). 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: It shall be illegal to ride a bicycle along the public thoroughfares or recreational 

centers without wearing a protective helmet. 9 LPRA §5322(k). 

Sanctions:	 Administrative Offense: A fine of not more than $50. 9 LPRA §5322. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements:	 None 191 

190Although, 9 LPRA §5383 exempts public service vehicles from the child restraint law, it does not appear that school buses fall 

into this category. The definition of “school bus” does “not include buses operated by transportation businesses that are not 

exclusively engaged in the transportation of school students.” Moreover, “school bus” is not specifically excluded from the 

definition of “motor vehicle.” 9 LPRA §5001(68), (101). 191However, 9 LPRA §197 provides that no transportation of passengers shall be in motor vehicles that are not designed for such 

transportation. Workmen engaged in the work of loading and unloading are exempt, however, they must travel in the cab of the 

vehicle. 

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RHODE ISLAND 

STATE RHODE ISLAND 

General Reference: General Laws of Rhode Island Annotated (Gen.Laws 1956) 

Seat Belts: 

Requirements: I. Any operator of a motor vehicle shall wear a federally approved seat belt 

and/or shoulder harness system, and shall ensure any passenger age 18 or older 

in any seating position is wearing a seat belt and/or shoulder harness system. 

Gen.Laws 1956, §31-22-22(f)(1), (g)(1). 

II. Any operator of a motor vehicle who is under age 18 shall wear a seat belt 

and/or shoulder harness system. Gen.Laws 1956, § 31-22-22(b)(2). 

Exemptions: (1) Passenger motor vehicles manufactured prior to July 1, 1966, or is not 

required by Federal law to have seat belts; (2) a person possessing written 

verification within the past 12 months that states such person is unable to wear a 

seat belt for physical or medical reasons; (3) a letter carrier of the U.S. Postal 

Service while performing official duties. Gen.Laws 1956, §31-22-22(f)(2), 

(g)(2), (i). 

Enforcement Type: Primary Enforcement: Gen.Laws 1956, §31-22-22(l). 

Sanctions: Civil Violation:

192 A fine of $40. Gen.Laws 1956, §§31-27-13(a); 31-41.1-4(a). 

Effect on Civil A violation of this requirement is not considered as negligence and the failure to 

Liability: wear a seat belt cannot be admitted into evidence in the trial of any civil action. 

Gen.Laws 1956, §31-22-22(h). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: I. A child under age 8, less than 57 inches in height and less than 80 lbs. shall be 

secured in a federally approved child passenger restraint system in the rear seat. 

II. A child under age 8, but at least 57 inches in height or at least 80 lbs. shall be 

secured in a seat belt and/or shoulder harness in the rear seat. 193 

III. A child between the ages of 8 through 17 shall be secured in a seat belt 

and/or shoulder harness system. Gen.Laws 1956, §31-22-22(a), (b)(1). 

Exemptions: N/A 

Sanctions: Civil Violation: A fine of $40. The violation shall be voided upon proof, within 

7 days, of purchase of a child restraint system. Gen.Laws 1956, §§31-22-22(c); 

31-27-13(a); 31-41.1-4(a). 

Effect on Civil A violation of these requirements shall not be considered as contributory or 

Liability: comparative negligence and such a violation is not admissible as evidence in the 

trial of any civil action. Gen.Laws 1956, §31-22-22(a)(2), (h). 

192EMS Special Assessment. In addition to any fine, an offender must be assessed $1. Gen.Laws 1956, §31-27-18. Note: These
 

funds are deposited into the general State fund. 193If the vehicle is not equipped with a rear seat or all rear seating positions are utilized by other children, then the child must be
 

properly restrained in the front seat. Gen.Laws, 1956, §31-22-22(a)(1).
 

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RHODE ISLAND 

School Bus Safety 

Restraint Systems: 

Requirements: I. Seat belts shall be worn by all school bus operators. 

Gen.Laws 1956, §31-23-41. 

II. Seat belts shall be worn by all passengers riding in a childcare vehicle and 

school extra-curricular vehicle. 194 Gen.Laws 1956, §31-22-11.6(b)(2). 

III. No person shall operate a pupil transportation vehicle, 195or knowingly allow 

any passenger to ride in such vehicle unless the operator and all passengers are 

wearing a seat belt. Gen.Laws 1956, §31-22.1-3. 

196 

Sanctions:	 Civil Violation: A fine of not more than $500. Gen.Laws 1956, §31-27-13(a), 

(b). 

Motorcycle Protective 

Headgear: 

Requirements:	 I. When operating a motorcycle, motor scooter or a motor-driven cycle, a 

person younger than 21 shall wear a State approved helmet. 

Gen.Laws 1956, §31-10.1-4. 

II. When operating a motorcycle, motor scooter or a motor-driven cycle, any 

person (regardless of age) who has not been licensed for mor e than 1 year to 

operate such vehicles shall wear a State approved helmet.
 

Gen.Laws 1956, §31-10.1-4.
 

III. A passenger (regardless of age) riding on a motorcycle, motor scooter or
 

motor-driven cycle must wear a “properly fitting” State approved helmet.
 

Gen.Laws 1956, §31-10.1-6.
 

Sanctions:	 Civil Violation: A fine of $85. Gen.Laws 1956, §§31-10.1-4; 31-10.1-6; 

31-41.1-4. 

Exemptions:	 None 

Motorcycle Eye 

Protection Device: 

Requirements:	 When operating a motorcycle, motor scooter or a motor-driven cycle, a person 

(regardless of age) shall wear a State approved eye protection device. 

Gen.Laws 1956, §31-10.1-4. 

Sanctions:	 Civil Violation: A fine of $85. Gen.Laws 1956, §§31-10.1-4; 31-41.1-4(a). 

194“School extra-curricular vehicle” is defined as a vehicle designed to transport fewer than 15 students to and from schoolsponsored activities. “Child care vehicle” is defined as a motor vehicle owned or leased by a licensed child daycare center that 

does not exceed 15 passengers and is being used to transport children from schools to childcare facilities and/or from childcare 

facilities to schools or other activities of the child day care center. However, 2-door sedans shall not be considered childcare 

vehicles or school extra-curricular vehicles. Gen.Laws 1956, §31-22-11.6(a)(2). 195“Pupil transportation vehicle” is defined as a motor vehicle designed and constructed to seat no more than 8 passengers, used 

by a school committee to provide transportation services required by law or regulation to students being conveyed along a fixed 

school transportation route. Gen.Laws 1956, §31-22.1-1. 196Based on a combined reading of Gen.Laws 1956, §§31-23-41; 31-22-11.6; 31-22.1-3, it appears that school buses do not 

require the use of child restraint systems or seat belts for its passengers, unlike school extra-curricular vehicles, child care 

vehicles and pupil transportation vehicles. 

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RHODE ISLAND 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements:	 I. A person age 15 or younger shall wear a nationally approved helmet when 

operating or riding as a passenger on a bicycle on a public highway, bicycle 

path, shared use park, park and/or recreational area, school property or on any 

other public right-of-way. Gen.Laws 1956, §31-19-2.1. 

II. A parent or guardian of any child shall not authorize or knowingly permit 

such child or ward to violate this requirement. Gen.Laws 1956, §31-19-2. 

Sanctions:	 A violation of this requirement shall be adjudicated administratively.
 

Gen.Laws 1956, §31-19-1. 

197
 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements:	 No person shall operate an open motor truck or other similar vehicle while 

carrying or transporting any child under the age of 16 without securely fastening 

the child to prevent them from becoming loose or detached in any manner. 

Gen.Laws 1956, §31-25-10(f). 

Sanctions:	 Civil Violation: 

First offense: a fine of not more than $100; 

Subsequent offenses: a fine of not less than $100 or more than $500. 

Gen.Laws 1956, §31-25-10(d).
 

Exemptions:	 None 

197There is no specific fine listed in the administrative fine schedule. But the lowest amount listed in the schedule of fines is $40. 

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SOUTH CAROLINA
 

STATE	 SOUTH CAROLINA 

General Reference: Code of Laws of South Carolina 1976 Annotated (Code 1976); 

South Carolina Administrative Code (S.C. Code Regs.) 

Seat Belts: 

Requirements: I. When operating a motor vehicle, the driver and every occupant shall wear a 

seat belt. 

II. When operating a motor vehicle, 198 the driver shall require that every 

passenger age 17 or younger wear a seat belt or child restraint device. 199 

Code 1976 §56-5-6520. 

Exemptions:	 (1) A person who possess written verification from a physician that he/she is 

unable to wear a seat belt because of physical or medical reasons; (2) medical or 

rescue personnel attending to injured or sick individuals in an emergency 

vehicle; (3) school, church or daycare buses; (4) public transportation vehicles 

except taxis; (5) occupants of vehicles in a parade; (6) United States mail 

carriers; (7) occupants for which no seat belt is available because all belts are 

being used by other occupants; or (8) persons in a vehicle not originally 

equipped with seat belts. Code 1976 §56-5-6530. 

Enforcement Type:	 Primary Enforcement: A law enforcement officer may only stop a driver for a 

violation of this requirement when the officer has probable cause to believe a 

violation has occurred based on his clear and unobstructed view of the driver or 

an occupant. Code 1976 §56-5-6540(E). 

200 

Sanctions:	 A fine of not more than $25, no part of which may be suspended. 

201 In addition, 

a person cannot be fined more than $50 for any one incident where more than 

one violation occurred. Code 1976 §56-5-6540. No points may be assessed 

against a person's driving record for a violation of these requirements. 

Code 1976 §56-5-6550. 

Effect on Civil A violation of these requirements does not constitute negligence per se or 

Liability: contributory negligence and is not admissible as evidence in a civil action. 

Code 1976 §56-5-6540(C). 

15-Passenger Vans: May not be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

198For purposes of the seat belt use law, the term "motor vehicle" is defined as “car, truck, van, or recreational vehicle required to 

be equipped with seat belts by the Federal Motor Vehicle Safety Standard No. 208 (49 CFR 571.208), manufactured after July
 

1966.” Code 1976 §56-5-6510. Under separate provisions of law, “passenger car” is defined as “every motor vehicle except
 

motorcycles and motor-driven cycles, designed for carrying 10 passengers or less and used the transportation of persons....”
 

Code 1976 §56-5-361. 199A driver is not responsible for an occupant age 17 or younger who has a driver’s license, special restricted license, or
 

beginner’s permit and who is not wearing a seat belt; such occupant is in violation of the article. Code 1976 §56-5-6520. 200A driver may not be searched, nor may consent to search be requested solely because of a violation of this requirement.
 

Code 1976 §56-5-6540(D). 201There are no court costs, assessments or surcharges for this offense. Additionally, a violation of these requirements cannot be
 

included in the State’s motor vehicle or criminal records. Code 1976 §56-5-6540(A).
 

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SOUTH CAROLINA
 

Requirements: When a person transporting in a motor vehicle a child age 5 or younger, he/she 

shall secure such child in a rear202 seat as follows: 

Children under age 1 or weighing less than 20 lbs. = rear-facing child safety 

seat; 

Children at least 1 year old but younger than 6 and weighing at least 20 but less 

than 40 lbs. = forward-facing child safety seat; 

Children at least 1 year old but younger than 6 and weighing at least 40 but not 

more than 80 lbs. = belt-positioning booster seat;203 

Children at least 1 year old but younger than 6 and weighing more than 80 lbs. 

= adult seat belt. Code 1976 §56-5-6410. 

Exemptions: (1) Taxi drivers; (2) drivers of emergency vehicles when operating in an 

emergency situation; (3) church, day care and school bus drivers; (4) public 

transportation operators; or (5) commercial vehicles. Code 1976 §56-5-6440. 

Additionally, if all seating positions with restraint devices are occupied by 

children under the age of 6, a child may be transported and the driver of the 

motor vehicle may not be held in violation of this requirement. However, 

priority must be given to children under 6 years, according to their ages. 

Code 1976 §56-5-6420. 

Sanctions: A fine of not more than $150. The fine is waived upon proof of acquisition, 

purchase or rental of a child restraint system. Code 1976 §56-5-6450. 

Effect on Civil A violation of these requirements shall not constitute negligence per se or 

Liability: contributory negligence and shall not be admissible as evidence in any civil 

action. Code 1976 §56-5-6460. 

School Bus Safety 

Restraint Systems: 

Requirements: The seat belt and child safety restraint statutes specifically exempt church, day 

care and school bus drivers. Code 1976 §§56-5-6440; 56-5-6530. 

Motorcycle Protective See note. 

204 

Headgear: 

Requirements: When operating or riding on a two-wheeled motorized vehicle (motorcycle), a 

person under age 21 shall wear a State approved helmet. 

Code 1976 §56-5-3660. 

Sanctions: Misdemeanor: A term of imprisonment of not more than 30 days or a fine of 

not more than $100. Code 1976 §56-5-3700. 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

202If the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than 

age 6, then the rear seat requirement does not apply. Code 1976 § 56-5-6410(5). 203The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt 

alone. Code 1976 §56-5-6410(3). 204For persons age 21 and younger, the failure to wear a helmet is not considered contributory negligence in a civil action. Mayes 

v. Paxton, 437 S.E.2d 66 (S.C. 1993). 

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SOUTH CAROLINA 

Requirements: When operating or riding on a two-wheeled motorized vehicle (motorcycle), a 

person under age 21 shall wear State approved goggles or face shield. Code 

1976 §56-5-3670. This requirement does not apply if the vehicle is equipped 

with a windscreen. Code 1976 §56-5-3680. 

Sanctions: Misdemeanor: A term of imprisonment of not more than 30 days or a fine of 

not more than $100. Code 1976 §56-5-3700. 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: Children at daycare facilities shall wear properly fitting helmets when riding a 

bicycle. S.C. Code Regs. 114-507(C); 114-517(C); 114-526(C). 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: Persons younger than 15 may not be transported in an open bed or open cargo 

area of a pickup truck. Code 1976 §56-5-3900(A). 

Sanctions: Misdemeanor: A fine of $25. No points shall be assessed. Code 1976 §56-5­

3900(C), (D). 

Exemptions: The following do not apply to the prohibition: (1) when an adult is present; (2) 

the child is secured by a seat belt; (3) an emergency situation exists; (4) the 

vehicle is operated in an organized hayride or parade; (5) the vehicle is operated 

for hunting or agricultural purposes; (6) the vehicle is operated in a county with 

no incorporated area with a population greater than 3500; and (7) the vehicle 

has a closed metal tailgate and is operated less than 36 mph. 

Code 1976 §56-5-3900(B). 

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SOUTH DAKOTA
 

STATE SOUTH DAKOTA 

General Reference: 

Seat Belts: 

Requirements: 

South Dakota Codified Laws (SDCL) 

I. Every operator and front-seat passenger of a passenger vehicle205 in forward 

motion shall wear a safety seat belt system. SDCL §32-38-1. 

II. Every operator shall secure front-seat passengers at least age 5 but younger 

than 18 in seat belts or a safety seat belt system. SDCL §32-38-1. 

III. Any operator who is at least age 14 and under 18 shall wear a safety seat 

belt system. SDCL §32-37-1.2. 

Exemptions: (1) Any occupant of a passenger vehicle manufactured before September 1, 

1973; (2) any occupant of a passenger vehicle who possesses a written 

statement from a licensed doctor that the individual is unable for medical 

reasons to wear a safety seat belt system; (3) any occupant of a vehicle not 

equipped with a safety seat belt system because there is no Federal law 

requirement; or (4) any rural carrier of the U.S. Postal Service or person 

delivering newspapers or periodicals while performing their duties. 

SDCL §32-38-3. 

Enforcement Type: Secondary Enforcement: A law enforcement officer enforces this requirement 

only as a secondary action. SDCL §32-38-5. 

Sanctions: Petty Offense: A “judgment” of $25. SDCL §§23-1A-22; 32-38-5. This is not 

a moving violation. SDCL §32-38-1. The law does not assign points for a 

violation of this requirement. SDCL §32-12-49.1. 

Effect on Civil 

Liability: 

A violation of these requirements does not constitute contributory negligence, 

comparative negligence or assumption of the risk. And, except for criminal 

litigation for violations of these requirements, evidence of such violations may 

not be introduced as evidence in any civil litigation on the issue of injuries or on 

the issue of mitigation of damages. SDCL §32-38-4. 

15-Passenger Vans: Covered under the seat belt law. SDCL §32-38-2. 

Child Safety Restraint 

Systems: 

Requirements: I. Any operator of a passenger vehicle transporting a child under age 5 shall 

secure the child in a child passenger restraint system. However, the requirement 

is met if a child under age 5 but weighing at least 40 lbs. is secured in a seat 

belt. SDCL §32-37-1. 

II. Any passenger who is at least age 14 and under 18 shall wear a safety seat 

belt system. SDCL §32-37-1.3. 

205A “passenger vehicle” is defined as any self-propelled vehicle intended primarily for use and operation on the public highways 

including passenger cars, stations wagons, vans, taxicabs, emergency vehicles, motor homes, trucks and pickups. A “passenger 

vehicle” does not include motorcycles, motor scooters, motor bicycles, motorized bicycles, passenger buses and school buses, 

farm tractors and other farm vehicles designed primarily or exclusively for use in agricultural operations. SDCL §32-38-2. 

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SOUTH DAKOTA
 

Exemptions: This requirement does not apply to children who are riding in passenger cars 

manufactured before 1966 that have not been equipped with seat belts. 

SDCL §32-37-2. 

Sanctions: Petty Offense: A “judgment” of $25. SDCL §§23-1A-22; 32-37-1 through 32­

37-1.3. The law does not assign points for a violation of these requirements. 

SDCL §32-12-49.1. 

Effect on Civil A violation of these requirements is not considered as contributory negligence, 

Liability: comparative negligence or assumption of the risk and is not admissible as 

evidence in the trial of any civil action. SDCL §32-37-4. 

School Bus Safety 

Restraint Systems: 

Requirements: By virtue of SDCL §32-38-2, a school bus driver is not required to wear a seat 

belt system. (School buses are specifically excluded from the definition of 

“passenger vehicle” within the seat belt laws.) However, there are no statutory 

provisions requiring the use of child passenger restraint system. 

Motorcycle Protective 

Headgear: 

Requirements: I. No person under age18 may operate or ride upon a motorcycle on the public 

streets or highways unless wearing a protective helmet meeting Federal Motor 

Vehicle Safety Standard No. 218. No person may operate a motorcycle with any 

person under age 18 as a passenger if the passenger is not wearing a protective 

helmet. SDCL §32-20-4. 

Sanctions: Class 2 Misdemeanor: A jail term of not more than 30 days and/or a fine of 

not more than $500. SDCL §§22-6-2(2); 32-20-4. 

Exemptions: This requirement does not apply to persons who are riding within an enclosed 

cab. SDCL §32-20-4.2. 

Motorcycle Eye 

Protection Device: 

Requirements: No person may operate a motorcycle unless he is wearing an eye protective 

device or unless the motorcycle is equipped with a windscreen that provides 

adequate eye protection. SDCL §32-20-4.1. This requirement does not apply to 

persons who are riding within an enclosed cab. SDCL §32-20-4.2. 

Sanctions: Petty Offense: A “judgment” of $25. SDCL §§23-1A-22; 32-20-4.1 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: None 

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SOUTH DAKOTA
 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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TENNESSEE
 

STATE TENNESSEE 

General Reference: 

Seat Belts: 

Requirements: 

Tennessee Code Annotated (T.C.A.); 

Rules and Regulations of the State of Tennessee (T enn. Comp. R. & Regs.) 

I. No person shall operate a passenger motor vehicle 206 unless the driver and all 

front seat passengers age 4 or older are restrained by seat belts. 

II. Drivers or passengers ages 16 or 17 shall wear seat belts when operating a 

motor vehicle in a forward motion. T.C.A. §55-9-603(a), (b)(1), (i)(1). 

Exemptions: (1) Persons with a physical disability which prevent the use of a seat belt, and 

who possess certification by a physician who shall State the nature of the 

disability as well as the reason such restraint is in appropriate; (2) rural letter 

carriers of the U.S. Postal Service while performing official duties; (3) 

automobile dealership salespersons or mechanics who test drive 50 or more 

vehicles a day and where test drives are within one mile of the dealership; (4) 

utility workers, water, gas and electric meter readers while performing official 

duties; (5) persons who are in the process of delivering newspapers; (6) a 

vehicle used in a parade or hayride if operated at less than 15 mph; or (7) a 

vehicle crossing a highway from one field to another if operated at less than 15 

mph. T.C.A. §55-9-603(h). 

Enforcement Type: Primary Enforcement: A law enforcement officer may issue a citation to but 

cannot arrest a person for an observed violation. T.C.A. §55-9-603(f), (i)(3). 

Sanctions: Class C Misdemeanor: A term of imprisonment of not more than 30 days 

and/or a fine of not more than $50. T.C.A. §§40-35-111(e)(3); 55-9-603(d)(1). 

In lieu of a court appearance, however, a first offender may pay a fine of $10 

and, for a second or subsequent offense, pay a fine of $20. T.C.A. §55-9­

603(d)(2). For a violation of II above, an offender may pay a fine of $20 in lieu 

of a court appearance. T.C.A. §55-9-603(d)(3)(A). 

A driver cannot be fined for a violation of this requirement for the failure of a 

passenger over age 16 to wear a seat belt. T.C.A. §55-9-606. 

Neither court costs nor a litigation tax shall be imposed. T.C.A. §55-9-603(e). 

In addition, no points can be assigned to an offender's driving record for a 

violation of this requirement. T.C.A. §55-9-603(g). 

Effect on Civil 

Liability: 

Generally, a violation of this requirement is not admissible into evidence in a 

civil action except in cases of product liability. T.C.A. §55-9-604. 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

206The term “passenger motor vehicle” means a vehicle having a gross vehicle weight of 8,500 lbs., or less, and is not used as a 

public or livery conveyance for passengers. Such term does not include a motor vehicle that does not have to be equipped with 

seat belts under Federal law. T.C.A. §55-9-603(c). 

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TENNESSEE 

Requirements:	 I. Any person transporting any child under age 1 or weighing 20 lbs., or less = 

rear facing child passenger restraint system, in the rear seat if available. 

II. Child age 1-3, weighing greater than 20 lbs. = forward facing child passenger 

restraint system in the rear seat if available. 

III. Child age 4-8 and measuring less than 4 feet, 9 inches in height = belt 

positioning booster seat system. 

IV. If a child is not capable of being safely transported in a conventional child 

passenger restraint system, a professionally specially modified restraint system 

shall be in use. 207 

V. Child age 9-12, or a child through age 12 measuring 4 feet, 9 inches or more 

in height = seat belt system with a recommendation that such child sit in a rear 

seat if available. T.C.A. 

VI. Child age 13-15 = passenger restraint system, including seat belts. 

T.C.A. §55-9-602. 

Exemptions:	 Although the law is not specific, there appears to be an indirect exemption from 

the use of child passenger protection systems in motor vehicles that are not 

required to have seat belts by reason of the fact that seat belts are needed in 

order to secure child passenger protection systems in place. The law does not 

require that motor vehicles be retrofitted with seat belts. 

Sanctions:	 Class C Misdemeanor: A term of imprisonment of not more than 30 days 

and/or a fine of not more than $50. T.C.A. §§40-35-111(e)(3); 55-9-602(c)(1). 

In addition to or in lieu of the above sanctions, an offender may be required to 

attend a class designed to educate offenders on the hazards of not properly 

transporting children. T.C.A. §55-9-602(c)(2). 

In lieu of a court appearance for violations of V and VI above, an offender may 

pay a fine of $50. Also, no court costs or litigation tax may be assessed against 

an offender. T.C.A. §55-9-602(g)(2). 

Only one citation may be issued regardless of the number of children involved. 

T.C.A. §55-9-602(g)(5). 

Effect on Civil A person who has successfully met the minimum required training standards for 

Liability:	 installation of child restraint devices, who in good faith installs or inspects the 

installation of a child restraint device shall not be liable for any damages 

resulting from any act or omission related unless such act or omission was the 

result of the person’s gross negligence or willful misconduct. 

T.C.A. §55-9-602(i). 

The failure to use a child restraint system is not admissible into evidence in a 

civil action, except in product liability cases. 208 T.C.A. §55-9-602(k). 

School Bus Safety 

Restraint Systems: 

Requirements: There are no statutory provisions for the use of safety restraint systems on 

207These provisions shall not be satisfied by use of the vehicle’s standard lap or shoulder seat belts independent of any other child 

passenger restraint system. A vehicle transporting a child in a specially modified restraint system shall possess a copy of the 

physician’s signed prescription that authorizes the professional manufacture of the specially modified child passenger restraint 

system. T.C.A. §55-9-602(a)(4)(A). 208Exception: If a party to the civil action is not the parent or legal guardian, then evidence of failure to use a child restraint 

system may be admitted as to the causal relationship between noncompliance and the injuries alleged. T.C.A. §55-9-602(k)(3). 

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Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

Sanctions: 

Passenger Age 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

TENNESSEE 

school buses. However, T.C.A. §§55-9-603(c); 55-9-602(h) seem to provide an 

exemption for school buses. 

Any operator or passenger of a motorcycle, motorized bicycle or motor-driven 

cycle must wear a crash helmet meeting the requirements of FMVSS No. 

218. 

209 T.C.A. §55-9-302. 

Class C Misdemeanor: A term of imprisonment of not more than 30 days 

and/or a fine of not more than $50. T.C.A. §§40-35-111(e)(3); 55-9-306. 

This requirement does not apply to persons riding: (1) within an enclosed cab; 

(2) motorcycles that are fully enclosed, have 3 wheels in contact with the 

ground, weigh less than 1,500 lbs., and have capacity to maintain posted 

highway speed limits; (3) golf carts; or (4) in a parade at a speed not exceeding 

30 mph, so long as the person is age 18 or older. T.C.A. §55-9-302(b). 

Every operator or passenger of a motorcycle, motor-driven cycle shall wear 

safety goggles, face shields, or glasses containing impact-resistant lenses, if 

such vehicle is not equipped with a windshield. T.C.A. §55-9-304. 

Class C Misdemeanor: A term of imprisonment of not more than 30 days 

and/or a fine of not more than $50. T.C.A. §§40-35-111(e)(3); 55-9-306. 

None 

I. A person younger than 16 shall not operate or be a passenger on a bicycle 

unless wearing a protective cycle helmet. T.C.A. §55-52-105(1). 

II. No parent or legal guardian shall knowingly permit his/her child under age 

12 to violate the above requirement. T.C.A. §55-52-105(3). 

See note. 

210 

Violation: An adult who violates the above requirement is guilty of a violation 

and shall be assessed a civil penalty of $2 fine and court costs. For a first 

violation, the law provides that only a warning citation may be issued. For 

either a second or subsequent violation, a citation may be issued but no arrest 

can be made. T.C.A. §55-52-106. 

209An operator or passenger age 21 or older shall wear a federally approved helmet, however the ventilation airways, protective
 

surface and label standards may differ. T.C.A. §55-9-302. 210A violation of this requirement is not admissible as evidence in any civil action. T.C.A. §55-52-106(c).
 

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TENNESSEE 

Requirements: I. No person shall transport a child under age 6 in the bed of a pickup truck (not 

exceeding 3⁄4 ton). T.C.A. §55-8-189(a). 

II. No person shall transport on any interstate defense highway or State highway 

a child age 6-11 in a pickup truck (not exceeding 3⁄4 ton). 

T.C.A. §55-8-189(b)(1). 

Note: A city or county may establish this same prohibition on its roads or 

highways. T.C.A. §55-8-189(b)(2). 

Sanctions: Class C Misdemeanor: A term of imprisonment of not more than 30 days 

and/or a fine of not more than $50. T.C.A. §§40-35-111(e)(3); 55-8-189(e). 

Note: The law is not specific as to whether points can be assigned for a 

violation of this requirement. However, since this offense is codified under the 

rules of the road provisions of the vehicle code, an offender may be subject to a 

three-point assessment against his/her driving record under the miscellaneous 

point assessment provisions of the point system regulations, or an assessment of 

8 points under child endangerment if a child is a passenger. 

Tenn. Comp. R. & Regs. 1340-01-04-.03(1)(y), (5). 

Exemptions: I. This requirement does not apply if the child is being transported in the bed of 

such a vehicle as part of an organized parade, procession or other cer emonial 

event and when the vehicle is not traveling more than 20 mph, or if the child 

being transported is involved in agricultural activities. T.C.A. §55-8-189. 

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TEXAS
 

STATE TEXAS 

General Reference: Texas Revised Statutes Annotated (V.T.C.A. Transportation Code); 

Texas Administrative Code (TAC) 

Seat Belts: 

Requirements: I. A driver and all passengers in a vehicle shall be secured in a seat belt if such 

vehicle is equipped with seat belts. 211 V.T.C.A. §545.413(a). 

II. A person shall not operate a passenger vehicle equipped with seat belts 

unless all of the passengers who are younger than 17 (but not required to be 

secured in a child passenger safety seat system) are secured by a seat belt. 

V.T.C.A. §545.413(b). 

Exemptions: (1) Persons who are unable to use a seat belt for physical or medical reasons and 

possess a written statement stating such reasons, or provide to the court within 

10 days such written statement; (2) persons employed by the U.S. Postal Service 

while performing official duties; (3) persons who are in the process of 

delivering newspapers from a vehicle; (4) persons employed by either a public 

or a private utility and who are engaged in reading meters or perfor ming other 

duties that require that they frequently enter and exit a vehicle; or (5) persons 

who are operating commercial vehicles that are registered as farm vehicles and 

that weigh less than 48,000 lbs. V.T.C.A. §545.413(e). 

Enforcement Type: Primary Enforcement: A law enforcement officer may arrest without a 

warrant a person found committing a violation of the rules of the road. 

V.T.C.A. §543.001. 

Sanctions: Misdemeanor: 

I. For a violation of the requirements of I above, a fine of not less than $25 nor 

more than $50. V.T.C.A. §545.413(d) 

II. For a violation of the requirements in II above, a fine of not less than $100 or 

more than $200. However, the court may defer proceedings and require an 

offender to complete a special course including child passenger safety. This 

course is in lieu of requiring the offender to complete a “driving safety 

course.” 212V.T.C.A. §545.413(d), (i). 

No points are assigned for a violation of this requirement. 

V.T.C.A. §708.052. 

Effect on Civil Statute (V.T.C.A. §545.413(g)) prohibiting the admissibility into evidence in a 

Liability: civil trial the nonuse of a seat belt has been repealed by Acts 2003, 78th Leg., ch. 

204, §8.01.213 

15-Passenger Vans: Covered under the seat belt law. V.T.C.A. §545.412(f)(2). 

211“Passenger vehicle” means a passenger car, light truck, sport utility vehicle, truck, or truck tractor. V.T.C.A. § 545.412(f)(2); 

V.T.C.A. § 545.413(h). 212Deferred Disposition. Persons charged with traffic offenses may be allowed to participate in a deferred disposition program.
 

Under this program, an offender must plead guilty or no contest to the offense and complete a driving safety course. The court
 

may defer imposition of judgment for 90 days and dismiss the charge when the course has been completed. Vernon’s Ann. Texas
 

C. C. P. Art. 45.0511.
 213There have been no cases on point found to guide whether evidence of nonuse is admissible to show contributory or
 

comparative negligence. However, the fact that the prohibition of such evidence has been repealed may indicate accepted
 

admissibility in some circumstances.
 

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TEXAS
 

Child Safety Restraint 

Systems: 

Requirements: 

Exemptions: 

Sanctions: 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Sanctions: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

A person shall not operate a passenger vehicle when transporting a child 

younger than 8 and less than 4 feet, 9 inches in height unless such child is 

secured in a federally approved child passenger safety seat system. 

V.T.C.A. §545.412(a). 

(1) Children who are being transported in emergency or law enforcement 

vehicles; (2) children being transported in passenger for hire vehicles; or (3) 

children being transported in a vehicle in which all seating position equipped 

with child passenger safety seat systems or seat belts are occupied. 

V.T.C.A. §545.412(c), (e). 

Misdemeanor: A fine of not less than $25 or more than $250. But, the court 

may defer proceedings and require an offender to complete a special course 

including child passenger safety. This course is in lieu of requiring the offender 

to complete a “driving safety course”. 214V.T.C.A. §545.412(b), (g). Two (2) 

points are assigned for a violation of this requirement. V.T.C.A. §708.052. 

Statute (V.T.C.A. §545.412(d)) prohibiting the admissibility into evidence in a 

civil trial the nonuse of a seat belt was repealed by Acts 2003, 78th Leg., ch. 

204, §8.01. 

Any student riding a school bus shall wear a seat belt if the bus is equipped with 

seat belts for all passengers. V.T.C.A., Education Code §34.013. Whenever 

passenger cars or passenger vans are used to transport students, the operator of 

the vehicle shall ensure that each passenger is secured by a seat belt. V.T.C.A., 

Education Code §34.003(c). 

215 

A school district may implement a disciplinary policy to enforce the use of seat 

belts by students. V.T.C.A., Education Code §34.013. However, there is no 

specific statutory provision addressing the sanctions for a violation of the 

requirement. 

Any person who operates a motorcycle shall wear and require all passengers to 

wear State approved protective headgear meeting the minimum standards of 

Federal Motor Vehicle Safety Standard No. 218. Any passenger on a 

motorcycle shall wear State approved protective headgear. 

V.T.C.A. §661.003(a), (b); 37 TAC §21.6. 

Misdemeanor: A fine of not less than $10 or more than $50. 

V.T.C.A. §661.003(h). 

214It is a defense to prosecution, however, that subsequent to the time of the offense, the defendant obtained an appropriate child 

passenger safety seat system for each child required to be secured. V.T.C.A. §545.4121. 215“Passenger van” is defined as a motor vehicle other than a motorcycle or passenger car, used to transport 15 or fewer
 

passengers, including the driver. V.T.C.A., Education Code §34.003(d).
 

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Exemptions: A person at least age 21 may be exempt if he/she successfully completed a 

motorcycle operator training and safety course or was covered by a health 

insurance plan providing medical benefits for injuries. A law enforcement 

officer may not arrest a person or issue a citation if there evidence of successful 

completion of the course or health insurance. V.T.C.A. §661.003(c).216 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age An operator may not carry another person on a motorcycle unless that person is 

Restrictions: at least age 5. However, an operator may carry a person under age 5 in a sidecar 

attached to the motorcycle. V.T.C.A. §545.416(d), (e). 

Bicycle Protective 

Headgear: 

Requirements: None 217 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: When operating either an open-bed pickup truck or an open flatbed truck or 

when drawing an open flatbed trailer, a driver shall not transport a passenger 

younger than 18 in the bed of such truck or trailer. V.T.C.A. §545.414(a). 

Sanctions: Misdemeanor: A fine of not less than $25 or more than $200. 

V.T.C.A. §545.414(b). 

Exemptions: This requirement does not apply if the person was: (1) operating such vehicle in 

a parade, emergency, or authorized hayride; (2) operating a vehicle on a beach; 

(3) driving such vehicle on a farm-to-market road, ranch-to-market road, or 

county road outside of municipality; or (4) operating a vehicle that is the only 

vehicle owned or operated by the members of a household. 

V.T.C.A. §545.414(c). 

216There may be a common law duty under Texas law to wear protective headgear or eye protection. See Kennon v. Slipstreamer, 

Inc., 794 F.2d 1067 (5th Cir. 1986). 217The Department of Health and Safety may establish and administer a statewide bicycle safety program and may adopt rules to 

implement the program. Such program must include instruction concerning correct use of bicycle helmets, among other 

instructions. V.T.C.A. Health & Safety Code §758.002 

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UTAH
 

STATE UTAH 

General Reference: 

Seat Belts: 

Requirements: 

Utah Code Annotated (U.C.A. 1953) 

When a motor vehicle218 is operated on a highway, the driver and all passengers 

shall wear a seat belt. U.C.A. 1953 §41-6a-1803(1)(a), (2). 

Exemptions: (1) A passenger or operator of a motor vehicle manufactured befor e July 1, 

1966; (2) a person who possess written verification from a licensed physician 

stating that such person is unable to wear a seat belt for physical or medical 

reasons; (3) persons riding in either a motor vehicle or a seating position within 

a motor vehicle that is not required to be equipped with a seat belt system under 

Federal law; or (4) persons where all of the seating positions are occupied by 

other passengers. U.C.A. 1953 §41-6a-1804. 

Enforcement Type: Secondary Enforcement: Law enforcement officers shall only enforce the seat 

belt requirements as a secondary action when a driver or passenger age 19 or 

older has been detained for a suspected violation of some other provision of the 

motor vehicle laws or for another offense. U.C.A. 1953 §41-6a-1803(4). 

Sanctions: Infraction: A maximum fine of $45. The fine may be reduced to $15 if the 

offender completes a two-hour course on the benefits of using seat belts and 

child restraint devices. No points may be assessed against any person for a 

violation of these requirements. U.C.A. 1953 §41-6a-1805. 

Effect on Civil 

Liability: 

Failure to wear a seat belt does not constitute contributory or comparative 

negligence. Evidence of such a failure may not be introduced as evidence in any 

civil litigation on the issues of negligence, injuries or the mitigation of damages. 

U.C.A. 1953 §41-6a-1806. 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: When a motor vehicle is in operation, the driver shall secure all passengers 

younger than age 8 and less than 57 inches in height, in a child restraint device. 

U.C.A. 1953 §41-6a-1803(1)(a)(ii), (b). 

An operator of a motor vehicle shall provide for the protection of each person 

age 8 up to 16 by securing or causing to be secured a properly adjusted and 

fastened seat belt. U.C.A. 1953 §41-6a-1803(1)(a)(iii). 

Exemptions: None 

218The term “motor vehicle” means “a self-propelled vehicle intended primarily for use and operation on the highways.” The 

term does not include vehicles that are not equipped with seat belts by the manufacturer. U.C.A. 1953 §§41-1a-102(32 ); 

41-6a-1802. 

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Sanctions: Infraction: A fine of not more than $45. The fine may be reduced to $15 if the 

offender completes a two-hour course on the benefits of using seat belts and 

child restraint devices, and shows proof of acquisition of a child restraint 

device. No points may be assessed against any person for a violation of these 

requirements. U.C.A. 1953 §41-6a-1805. 

Effect on Civil Failure to use a child restraint device does not constitute contributory or 

Liability: comparative negligence. Evidence of such a failure may not be introduced as 

evidence in any civil litigation on the issues of negligence, injuries or the 

mitigation of damages. U.C.A. 1953 §41-6a-1806. 

School Bus Safety 

Restraint Systems: 

Requirements: There are no specific statutory provisions requiring the use of seat belts or child 

restraint devices on school buses. However, “school bus” is not excluded from 

the definition of “motor vehicle” as it pertains to the use of seat belts and child 

restraint devices. Yet, it is unclear whether school buses fall into the exceptions 

that exclude vehicles not required to be equipped with seat belts under Federal 

law. 

Motorcycle Protective 

Headgear: 

Requirements: I. Persons under age 18 may not operate or ride on motorcycles or motor-driven 

cycles on a highway unless wearing State approved protective headgear meeting 

the requirements of Federal Motor Vehicle Safety Standard No. 218. U.C.A. 

1953 §41-6a-1505(1),(3). 

II. For off-highway vehicles, a person under age 18 who is operating or riding 

on a motorcycle, snowmobile, or a Type I all-terrain vehicle shall wear 

protective headgear. U.C.A. 1953 §41-22-10.8(1). 

Sanctions: I. A violation of I is a Class C misdemeanor, which carries a term of 

imprisonment of not more than 90 days and/or a fine of not more than $750. 

U.C.A. 1953 §§76-3-204(3); 76-3-301(1)(e). 

II. A violation of II above is an infraction with a fine sanction of not more than 

$50. U.C.A. 1953 §41-22-10.8(4). 

Exemptions: This requirement does not apply to operators or riders within an enclosed cab, 

or to operators or passengers of off-highway implements or husbandry when 

operated according to U.C.A. 1953 §41-22-5.5(3), (4). 

U.C.A. 1953 §§41-22-10.8(3); 41-6a-1505(2). 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age None 

Restrictions: 

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Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: I. No person shall ride or knowingly allow a person to ride upon any portion of 

any vehicle that is not designed or intended for passenger use. 

U.C.A. 1953 §41-6a-1703. 

Sanctions: Infraction: A fine of not more than $750. U.C.A. 1953 §§76-3-205; 

76-3-301(1)(e). 

Exemptions: This prohibition does not apply to: (1) a vehicle that is not being operated upon 

a highway; (2) an employee engaged in the necessary discharge of his duties; or 

(3) a person riding within or on a motor vehicle in a space intended for any 

load. U.C.A. 1953 §41-6a-1703(2). 

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VERMONT
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

VERMONT 

Vermont Statutes Annotated (V.S.A.); 

Vermont Administrative Code (Vt. Admin. Code)
 

A person shall not operate a motor vehicle 219 unless all persons (including the
 

operator) who are occupying a seating position with seat belts are wearing such
 

belts. 23 V.S.A. §1259(a). 

(1) Rural mail carriers of the U.S. Postal Service while performing official 

duties; (2) persons who make frequent stops for the purpose of delivering
 

property and where the vehicle does not exceed 15 mph; (3) persons performing
 

official duties in an emergency vehicle; (4) persons operating any farm tractor;
 

(5) persons occupying either a bus or a taxi; (6) persons required to be in a child 

restraint system; or (7) persons ordered by law enforcement, authorized civil
 

authority, or a firefighter to evacuate persons from a stricken area.
 

23 V.S.A. §1259(b).
 

Secondary Enforcement: A law enforcement officer can only enforce this
 

requirement if a vehicle operator has been detained for another traffic law
 

violation. An offender is not subject to a fine for a violation of the seat belt
 

requirement unless the operator is required to pay a penalty for the primary 

traffic law offense. 23 V.S.A. §1259(e).
 

Traffic Offense: 

First violation: $25;
 

Second violation: $50;
 

Third and subsequent violations: $100. 23 V.S.A. §§1259(f); § 2201. 

A failure to comply with this requirement is not admissible as evidence in any 

civil proceeding, and does not constitute negligence or contributory negligence 

in any civil proceeding or criminal action. Further failure to comply with this 

requirement shall not be entered as evidence to bar prosecution of a criminal 

offense. 23 V.S.A. §1259(c), (d). 

May be covered under the seat belt statute. 

Any child under age 18 shall be secured in a federally approved child restraint 

system or seat belt, as follows: 

(1) All children under age 1, and all children weighing less than 20 lbs., 

regardless of age = a rear-facing position, which shall not be installed in front of 

an active air bag; 

(2) a child weighing more than 20 lbs., and who is age 1-7 = a child passenger 

restraining system; and 

(3) a child age 8-17 = a seat belt system or a child passenger restraining system. 

219“Motor vehicle” includes all vehicles propelled or drawn by power other than muscular power, except for farm tractors, 

vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, 

snowmobiles, or tracked vehicles or electrical personal assistive mobility devices. 23 V.S.A. §4(21). 

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23 V.S.A. §1258(a). 

Exemptions:	 (1) Children being transported as passengers for hire (except motor vehicles 

owned by day care facilities); (2) children who are riding in motor vehicles that 

were not manufactured with seat belts; or (3) a driver who has been ordered by 

an enforcement officer, firefighter, or authorized civil authority to evacuate 

persons from a stricken area. 23 V.S.A. §1258(b). 

Sanctions:	 Traffic Offense: 

First violation: $25;
 

Second violation: $50;
 

Third and subsequent violations: $100. 23 V.S.A. §§1258(c); 2201. 

Effect on Civil No statutory provisions. 

220
 

Liability:
 

School Bus Safety 

Restraint Systems: 

Requirements: There is no specific statutory provision. 221 

Motorcycle Protective 

Headgear: 

Requirements:	 A person may not operate or ride on a motorcycle on a highway unless he or she 

properly wears protective headgear conforming to the Federal Motor Vehicle 

Safety Standard No. 218. 23 V.S.A. §1256. 

Sanctions:	 Traffic Offense: a fine of not more than $100. 2 points shall be assessed. 

23 V.S.A. §§2201; 2502(a)(1)(CCC). 

Exemptions:	 None 

Motorcycle Eye 

Protection Device: 

Requirements: If a motorcycle is not equipped with a windshield or screen, the operator shall 

wear eyeglasses, goggles, or a face shield. 23 V.S.A. §1257. 

Sanctions:	 Traffic Violation: a fine of not more than $100. 2 points shall be assessed. 

23 V.S.A. §§2201; 2502(a)(1)(DDD). 

Passenger Age None 

Restrictions: 

220Unlike 23 V.S.A. §1259, there is no provision addressing civil liability. It appears that the exclusion of any provision would 

imply the admissibility of evidence of non-compliance in a civil action. 22123 V.S.A. §1258(a) requires the use of a child restraint system in motor vehicles, except for a Type I school bus. A “school 

bus” is defined as a motor vehicle with a seating capacity of 11 or fewer passengers, including the operator, used to transport 

children to or from school or school activities. Excluded from this definition are common carriers and certain private vehicles. A 

“Type I” school bus is defined as a school bus designed to transport more than 15 passengers including the operator. 

23 V.S.A. §4(34)(A), (B). Note: Since there is no provision requiring the installation of seat belts in school buses, it seems 

logical that if a school bus is not equipped with seat belts, there would be no violation. On the other hand, if a Type I school bus 

is equipped with seat belts, a violation would likely result in a fine under the same provisions as 23 V.S.A. §1258(c), described 

above. 

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VERMONT
 

Bicycle Protective 

Headgear: 

Requirements: Children in daycare shall wear a safety helmet when riding a bicycle. 

Vt. Admin. Code 12-3-102:6; 12-3-103:6. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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VIRGINIA
 

STATE VIRGINIA 

General Reference: 

Seat Belts: 

Requirements: 

Virginia Code Annotated (Va. Code Ann.) 

When a motor vehicle222 is in motion, each person age 18 or older occupying 

the front seat shall wear a seat belt. The driver is required to ensure that any 

child less than age 18 is secured in a child restraint or seat belt. 

Va. Code Ann. §§46.2-1094(A); 46.2-1095(B). 

Exemptions: (1) Persons who possess a written statement from a physician stating the 

physical or medical grounds/conditions which make wearing a seat belt 

impractical; (2) law enforcement officers who are transporting a person in 

custody where the wearing of a seat belt would be impractical; (3) rural mail 

carriers of the U.S. Postal Service while performing official duties; (4) persons 

performing the duties of a rural newspaper route carrier, newspaper bundle 

hauler or newspaper rack carrier; (5) taxicab drivers and passengers; (6) persons 

required to make frequent stops while operating commercial or public vehicles; 

(7) utility meter readers; or (8) law enforcement personnel who are enforcing 

motor vehicle parking laws. Va. Code Ann. §46.2-1094(B). 

Enforcement Type: Secondary Enforcement: No citation for a violation of this requirement shall 

be issued unless a law enforcement officer has cause to stop or arrest the driver 

for a violation of the State's law or a local ordinance related to motor vehicles. 

Va. Code Ann. §46.2-1094(F). 

Sanctions: A civil penalty of $25. No demerit points or court costs shall be assessed. 

Va. Code Ann. §46.2-1094(C). 

Effect on Civil A violation of this requirement shall not constitute negligence, shall not be 

Liability:	 considered in the mitigation of damages of whatever nature, or shall neither be 

admitted into evidence nor commented upon by counsel in a civil action. 

Va. Code Ann. §§46.2-1092; 46.2-1094(D). 

15-Passenger Vans: May be covered under the seat belt statute. 

Child Safety Restraint 

Systems: 

Requirements:	 I. A person, when transporting a child under age 8 in a motor vehicle, 

223 must 

secure such a child in a federally approved child restraint device. A rear-facing 

child restraint device shall be placed in the back seat of a vehicle. If there is no 

back seat, then such device may be placed in the front seat if the vehicle is not 

equipped with a passenger side air bag, or it is deactivated. 

II. A child under age 18 shall be secured in a seat belt system. 

Va. Code Ann. §46.2-1095. 

222Generally, the seat belt use requirement applies to persons occupying “passenger cars” that are equipped with or required by
 

law to be equipped with seat belts. Va. Code Ann. §§46.2-1092; 46.2-1094(A). The term “passenger car” means every motor
 

vehicle other than a motorcycle designed and used primarily for the transporting of no more than 10 persons including the driver.
 

However, the term “motor vehicle” includes every vehicle that is self-propelled or designed for self-propulsion.
 

Va. Code Ann. §46.2-100. 223This requirement only applies to motor vehicles manufactured after January 1, 1968. Va. Code Ann. §46.2-1095. Note: The 

child passenger protection law appears to apply only to vehicles that are required by law to be manufactured with seat belts.
 

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Exemptions:	 There are several provisions of the child restraint law that provide for 

exemptions. I. Under Va. Code Ann. §46.2-1095(E), such requirements do not 

apply to taxicabs, school buses, executive sedans, limousines, or the rear cargo 

area of vehicles other than pickup trucks. II. Under Va. Code Ann. §46.2-1099, 

these requirements do not apply to: (1) children who are being transported in a 

vehicle having an interior design which makes the use of a child restraint device 

impractical; and (2) children being transported by public transportation, bus, 

school bus, or farm vehicle. III. Additionally, these requirements do not apply 

to children who for weight, physical unfitness, or other medical reasons cannot 

practically use a child restraint system. Such children age 4-7 may be secured in 

a seat belt if the use is practical. Operators carrying such children must carry a 

statement from a doctor or risk being fined $20. 

Va. Code Ann. §§46.2-1096; 46.2-1098; 46.2-1100. 

Sanctions:	 First offense: a civil penalty of $50 and no court costs; 

Second or subsequent offense (on different dates): a fine of up to $500. 

224 

No points are assessed against a person’s driving record. 

Va. Code Ann. §46.2-1098 

Effect on Civil I. A violation of these requirements shall not constitute negligence per se. Such 

Liability:	 violations shall not constitute a defense for personal injuries to a child for 

injuries sustained in a motor vehicle accident. Va. Code Ann. §46.2-1098. 

Additionally, violation is not to be considered in litigation of damages, admitted 

into evidence or commented upon by counsel in any civil action. 

Va. Code Ann. §46.2-1095(C). 

School Bus Safety 

Restraint Systems: 

Requirements:	 A person must wear a seat belt when operating a school bus. 

Va. Code Ann. §46.2-1091. However, school buses are not required to be 

equipped with child restraint devices. Va. Code Ann. §46.2-1095(E). 

Sanctions:	 Class 3 Misdemeanor: a fine of not more than $500. 

Va. Code Ann. §§46.2-1091; 18.2-11(c). Additionally, a school bus operator 

who violates this requirement may have 3 points assessed against his/her 

driving record. Va. Code Ann. §46.2-492(D)(3). 

Motorcycle Protective 

Headgear: 

Requirements:	 Every operator and passenger of a motorcycle225 shall wear a State approved 

protective helmet. 226 This requirement does not apply if the motorcycle is being 

driven in an authorized parade at a speed of 15 mph or less. 

Va. Code Ann. §46.2-910(A). 

Sanctions:	 Traffic Infraction: A fine of not more than $250. Va. Code Ann. §§46.2-113; 

18.2-11(d). Failure to wear a protective helmet shall not constitute negligence 

224The court may waive or suspend the imposition of the penalty for a violation if it finds that the failure of the defendant to 

comply with the requirement was due to financial inability to acquire a child restraint system. Va. Code Ann. §46.2-1098. 225The term “motorcycle” does not include a moped. Va. Code Ann. §46.2-100. 226Such helmet shall meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National
 

Standards Institute, Inc., or the U.S. Department of Transportation. Va. Code Ann. §46.2-910(A).
 

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VIRGINIA
 

per se in any civil proceeding. Va. Code Ann. § 46.2-910(A). 

Exemptions: This requirement does not apply to operators or passengers of motorcycles with 

wheels of 8 inches or less in diameter or three-wheeled motorcycles that have 

non-removable roofs, windshields and enclosed bodies. 

Va. Code Ann. §46.2-910(A). 

Motorcycle Eye 

Protection Device: 

Requirements: Every person operating a motorcycle, person shall wear a State approved face 

shield, safety glasses, or goggles. This requir ement does not apply if the 

motorcycle is equipped with windshield. Va. Code Ann. §46.2-910(A). 

Sanctions: Traffic Infraction: A fine of not more than $250. Va. Code Ann. §§46.2-113; 

18.2-11(d). 

Failure to wear a face shield, safety glasses or goggles shall not constitute 

negligence per se in any civil proceeding. Va. Code Ann. §46.2-910(A). 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: There are no statutory provisions mandating the use of a protective helmet, but 

the governing body of any county, city or town may enact an ordinance 

providing that every person 14 or younger shall wear a nationally approved 

protective helmet when riding or being carried on a bicycle. 

Va. Code Ann. §46.2-906.1. 

Sanctions: A violation of such an ordinance is punishable by a fine of $25. Such fine, 

however, shall be suspended for first-time violators who purchase helmets 

subsequent to the violation but prior to the imposition of the fine. 

Va. Code Ann. §46.2-906.1. 

A violation of this requirement shall not: (1) constitute negligence; (2) 

constitute assumption of risk; (3) be considered in the mitigation of damages of 

whatever nature; or (4) not be admitted into evidence or commented upon by 

counsel in a civil action. Va. Code Ann. §46.2-906.1. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person under age 16 shall be transported in the rear cargo area of any pickup 

truck on the highways of Virginia. Va. Code Ann. §46.2-1156.1. 

Sanctions: Traffic Infraction: A fine of not more than $250. Va. Code Ann. §§46.2-113; 

18.2-11(d). 

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Exemptions:	 This prohibition does not apply to persons who are riding in such cargo area as 

part of an authorized parade or “across a highway from one field or parcel of 

land to anther field or parcel of land in connection with farming operations.” 

Va. Code Ann. §46.2-1156.1. 

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WASHINGTON
 

STATE	 WASHINGTON 

General Reference: Revised Code of Washington Annotated (RCWA); 

Washington Administrative Code (WAC) 

Seat Belts: 

Requirements: I. Every person age 16 or older who is operating or riding in a motor vehicle 227 

shall wear a seat belt assembly. RCWA §46.61.688(3). 

II. No person shall operate a motor vehicle unless all child passengers younger 

than 16 are wearing seat belts or using some other approved child restraint 

devices. RCWA §46.61.688(4). 

Exemptions:	 (1) Persons who are operating or riding in motor vehicles that are not required 

to be equipped with seat belts under Federal law; (2) persons for whom no seat 

belts are available, when all designated seating positions are occupied; (3) 

persons who for physical or medical reasons are unable to wear seat belts and 

possess written verification from a licensed physician; and (4) persons whom 

the State has exempted via regulation and who are operators or occupants of 

farm vehicles, construction equipment, and vehicles that are required to make 

frequent stops. RCWA §46.61.688(2), (7), (8). 

Enforcement Type:	 Primary Enforcement: An officer may stop and briefly detain any person who 

violates this requirement. However, no arrest can be made solely for a violation 

of this requirement, and any detention must last no longer that the time it takes 

to issue a citation. RCWA §46.64.015. 

Sanctions:	 Traffic Infraction: A penalty of $42. IRLJ 6.2(b)228; RCWA §46.64.050. 

Additionally, penalties of $5, $10 and $2 shall be assessed. Note: A violation of 

these requirements shall be recorded on a driver's record. However, such 

information shall not be available to insurance companies or employers. 

RCWA §46.61.688(5). 

Effect on Civil Failure to comply with these requirements does not constitute negligence. In 

Liability:	 addition, failure to wear a seat belt cannot be admitted into evidence as
 

negligence in any civil action.
 

RCWA § 46.61.688(6).
 

15-Passenger Vans: Covered under the seat belt law. RCWA §46.61.688. 

Child Safety Restraint 

Systems: 

Requirements: Any child under age 16 transported in a motor vehicle229 shall be restrained as 

follows: 

I. Any child under the age of 8 and less than 4 feet 9 inches tall = child restraint 

system; 

227The term “motor vehicle” includes (1) a bus designed to carry more than 10 persons; (2) a “multipurpose passenger vehicle”
 

designed to carry 10 persons or less; (3) a passenger car; or (4) a truck. However, the term does not include (1) motorcycles or (2)
 

trailers designed to carry 10 or more persons or to transport property. RCWA §46.61.688(1). Important: The seat belt use law
 

applies only to motor vehicles that are required to meet the manual seat belt standards under Federal law (49 C.F.R. 571.208). 228This abbreviation stands for the Washington Infraction Rules for Courts of Limited Jurisdiction. 229The term “motor vehicle” means passenger cars that are required by law to have seat belts. RCWA §§46.37.510; 46.61.687(1).
 

“Passenger car” is defined as every motor vehicle, except motorcycles and motor-driven cycles that is used to and designed to 

carry 10 persons or less. RCWA §46.04.382.
 

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II. Any child age 8 or older or 4 feet 9 inches or greater in height = seat belt; 

III. Any child under age 13 = seated and secured in a back seat position, if 

practical. RCWA §46.61.687. 

Exemptions: (1) For hire vehicles; (2) vehicles designed to transport 16 or less passengers 

including the driver, operated by auto transportation companies; (3) vehicles 

providing customer shuttle service between parking, convention and hotel 

facilities, and airport terminals; and (4) school buses. RCWA §46.61.687(5). 

Additionally, the requirement does not apply if the seating position has only a 

lap belt and the child weighs more than 40 lbs. RCWA §46.61.687(7). 

Sanctions: Traffic Infraction: A penalty of $42. IRLJ 6.2(b). Additionally, penalties of $5, 

$10 and $2 shall be assessed. For a first violation, however, the infraction will 

be dismissed if, within 7 days, proof of acquisition of a child restraint system is 

presented. RCWA §46.61.687(3). 

Effect on Civil 

Liability: 

Failure to comply with these requirements shall not constitute negligence by a 

parent or legal guardian. In addition, failure to use a child restraint system is not 

admissible as evidence of negligence in any civil action. 

RCWA §46.61.687(4). 

230 

School Bus Safety 

Restraint Systems: 

Requirements: School buses are exempt from the child safety restraint device requirement. 

RCWA §46.61.687(5). 

Motorcycle Protective 

Headgear: 

Requirements: A person who operates or rides on a motorcycle, motor-driven cycle or moped 

on a State highway, county road, or city street must wear a protective 

motorcycle helmet in accordance with FMVSS No. 218. RCWA §46.37.530(1), 

(3). 

Sanctions: Traffic Infraction: A penalty of $42. Additionally, penalties of $5, $10 and $2 

shall be assessed. IRLJ 6.2(d); RCWA §46.64.050. 

Exemptions: None 

Motorcycle Eye 

Protection Device: 

Requirements: A person who operates a motorcycle or a motor-driven cycle that does not have 

a windshield must wear State-approved glasses, goggles, or a face shield. 

RCWA §46.37.530(1)(b). 

230A person who has a current national certification as a child passenger safety technician and who in good faith provides 

inspection, adjustment or educational services is not liable for civil damages resulting from any act or omission, other than acts or 

omissions constituting gross negligence or willful or wanton misconduct. RCWA §§46.61.687(8)(a); 46.61.6871. However, this 

immunity does not apply to a paid technician employed by a retailer who provides inspection, adjustment or educational services 

during his hours of employment. RCWA §46.61.687(8)(b). 

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Sanctions: Traffic Infraction: A penalty of $42. Additionally, penalties of $5, $10 and $2 

shall be assessed. IRLJ 6.2(d); RCWA §46.64.050. 

Passenger Age A person who carries a passenger under age 5 on a motorcycle, will have 

Restrictions: committed a non-moving violation. WAC 308-104-160(59). 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: No person shall transport any other person on the running board, fenders, hood 

or other outside part of any vehicle. RCWA §46.61.660. 

Sanctions: Traffic Infraction: A penalty of $42. Additionally, penalties of $5, $10 and $2 

shall be assessed. IRLJ 6.2(b); RCWA §46.64.050. 

Exemptions: This requirement shall not apply to authorized emergency vehicles or to solid 

waste collection vehicles that are engaged in the course of ordinary business and 

no travelling at speeds or greater than 20 mph. RCWA §46.61.660. 

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WEST VIRGINIA
 

STATE WEST VIRGINIA 

General Reference: West Virginia Code (W. Va. Code) 

Seat Belts: 

Requirements: A person may not operate a passenger vehicle231 unless the operator, all frontseat passengers (regardless of age) and all back-seat passengers under age 18 

are restrained in seat belts. W. Va. Code §17C-15-49(a). 

Exemptions: (1) Rural mail carriers of the U.S. Postal Service while they are performing 

official duties; and (2) persons who have a physical disability that would 

prevent appropriate restraint in a seat belt provided such disability is certified by 

a physician stating the nature of the disability and the reason restraint is 

inappropriate. W. Va. Code §17C-15-49(b). 

Enforcement Type: Primary Enforcement. W. Va. Code §17C-15-49(c). 

Sanctions: Misdemeanor: A fine of $25. No court costs or other fees shall be assessed 

against a person for a violation of this requirement. W. Va. Code §§17C-15­

49(c); 17C-18-1(a). No points are assessed for a violation of this requirement. 

W. Va. Code §17C-15-49(e). 

Effect on Civil A violation of this requirement is not admissible as evidence of negligence, 

Liability: contributory negligence or comparative negligence in any civil action. 

Generally, a violation of this requirement is not admissible in the mitigation of 

damages. However, under certain circumstances, when it can be shown that 

such a violation was the proximate cause of injuries, such evidence may be 

admitted to reduce medical damages by not more than 5%. 

W. Va. Code §17C-15-49(d). 

15-Passenger Vans: Not covered under the seat belt law. W. Va. Code §17C-15-49(a). 

Child Safety Restraint 

Systems: 

Requirements: A person when transporting a child under age 8 and less than 4’9” tall shall 

secure such child in a federally approved child passenger safety device. 

W. Va. Code §17C-15-46. 

Exemptions: This requirement does not apply if all the seat belts are being used, i.e., the 

number of passengers in the vehicle exceeds the number of seat belts available 

for use, and to children riding in motor vehicles for hire. 

W. Va. Code §17C-15-46. 

Sanctions: Misdemeanor: Not less than $10 or more than $20. W. Va. Code §17C-15-46. 

Effect on Civil A violation of these requirements does not constitute evidence of negligence, 

Liability: contributory negligence, or comparative negligence in any civil action. 

W. Va. Code §17C-15-46. 

231The term “passenger vehicle” means a motor vehicle that is designed to transport 10 passengers or less (including the driver) 

that was manufactured after January 1, 1967. However, the term does not include a motorcycle, a trailer or any motor vehicle 

that is not required under Federal law to have seat belts. W. Va. Code §17C-15-49(a). 

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School Bus Safety 

Restraint Systems: 

Requirements: 

Sanctions: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

Exemptions: 

Motorcycle Eye 

Protection Device: 

Requirements: 

There is no specific statutory requirement concerning school buses and the use
 

of seat belts and child passenger safety devices within. “School bus” is not
 

included in the definition of “passenger vehicle” per W. Va. Code §17C-15-49
 

(seat belts) and “passenger automobile” per W. Va. Code §17C-15-46 (child
 

passenger safety devices). However, “school bus” is consider ed to be a motor
 

vehicle pursuant to W. Va. Code §17C-1-7. 

Additionally, W. Va. Code §17C-14-12 requires the West Virginia Board of
 

Education to adopt and enforce rules consistent with the traffic regulations and 

laws of the road (which includes the use of seat belts and child passenger safety
 

devices). Therefore, a combined reading of all applicable statutes mentioned
 

seems to require the use of seat belts and child passenger safety devices only
 

when they have been installed in a school bus.
 

A sanction for such a violation would likely follow the sanctions listed above
 

for seat belts violation and child passenger safety device violation. Additionally,
 

any officer or employee violating said rule or failing to include the obligation to 

comply with said rule may be guilty of misconduct and subject to removal from
 

office/employment. Any contract employee may be found in breach of contract
 

and such contract may be cancelled. W. Va. Code §17C-14-12.
 

No person shall operate or ride on a motorcycle or motor-driven cycle unless
 

wearing an officially approved protective helmet meeting the standards and 

specifications established by the American National Standards Institute
 

Standard Z 90.1, FMVSS No. 218 or Snell Safety Standards for Protective
 

Headgear for Vehicle Users. W. Va. Code §17C-15-44(a).
 

Misdemeanor: 

First offense – A term of imprisonment of not more than 10 days or a fine of 

not more than $100; 

Second offense (within 1 year) - A term of imprisonment of not more than 20 

days and/or a fine of not more than $200; 

Third or subsequent offense – A term of imprisonment of not more than 6 

months and/or a fine of not more than $500. W. Va. Code §17C-18-1(a), (b).
 

None 

No person shall operate or ride on a motorcycle or motor-driven cycle unless 

wearing officially approved safety, shatter-resistant eyeglasses (excluding 

contact lenses), and eye goggles. If the motorcycle is equipped with a 

windshield or windscreen, the windshield or windscreen shall be constructed of 

federally approved shatter-resistant material. W. Va. Code §17C-15-44(b). 

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Sanctions:	 Misdemeanor: 

First offense – A term of imprisonment of not more than 10 days or a fine of 

not more than $100; 

Second offense (within 1 year) - A term of imprisonment of not more than 20 

days and/or a fine of not more than $200; 

Third or subsequent offense – A term of imprisonment of not more than 6 

months and/or a fine of not more than $500. W. Va. Code §17C-18-1(a), (b). 

Passenger Age None 

Restrictions: 

Bicycle Protective 

Headgear: 

Requirements:	 A person under age 15 is prohibited from operating or being a passenger on a 

bicycle unless wearing a protective bicycle helmet. Additionally, it is unlawful 

for a parent or legal guardian to knowingly permit his/her child under the age of 

15 to violate the above requirement. W. Va. Code §17C-11A-4. 

Sanctions:	 See note. 

232 

Misdemeanor: A parent or legal guardian who violates this requirement is 

subject to a fine of $10 or must perform 2 hours of community service related 

to child injury prevention. No court costs may be assessed. The fine may be 

waived upon proof of helmet acquisition. W. Va. Code §§17C-11A-7(a); 

17C-18-1(a). Note: There appears to be no sanction against a child who violates 

this requirement. 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements:	 None 

232A parent or legal guardian who demonstrates his/her inability to pay for a bicycle helmet shall not be found in violation of the 

requirement. The parent or legal guardian may demonstrate financial inability by filing a financial affidavit. Any person falling 

under this category shall be referred to the governor’s highway safety program for assistance in obtaining the appropriate 

helmet(s). W. Va. Code §17C-11A-7(c). 

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WISCONSIN
 

STATE 

General Reference: 

Seat Belts: 

Requirements: 

Exemptions: 

Enforcement Type: 

Sanctions: 

Effect on Civil 

Liability: 

15-Passenger Vans: 

Child Safety Restraint 

Systems: 

Requirements: 

WISCONSIN 

Wisconsin Statutes Annotated (W.S.A.); 

Wisconsin Administrative Code (Wis. Adm. Code § Trans)
 

I. When operating a motor vehicle, a person shall be “properly restrained” 233 in 

a seat belt. W.S.A. §347.48(2m)(b). 

II. No person shall operate a motor vehicle unless all passengers at least age 8 

are properly restrained in seat belts. W.S.A. §347.48(2m)(c). 

(1) Persons operating or riding in emergency vehicles (e.g. law enforcement 

vehicles, ambulances, etc.) if such use could endanger the operator or another; 

(2) motor vehicle operators or passengers who are required to make mor e than 

10 stops per mile in the scope of their employment; (3) persons who, because of 

physical or medical conditions, cannot be properly restrained in seat belts; (4) 

persons operating or riding in taxicabs or motor vehicles not requir ed to be 

equipped with seat belts; (5) privately owned motor vehicles while being 

operated by a rural letter carrier or a newspaper delivery person; (6) persons 

operating or riding in motor vehicles while such vehicles are being used in land 

surveying; or (7) persons operating or riding in farm trucks while such vehicles 

are being used in conjunction with the planting or harvesting of crops and are 

not being operated on a highway. W.S.A. §347.48(2m). 

Primary Enforcement: A law enforcement officer, however, may not take a 

person into physical custody solely for a violation of the seat belt safety law. 

W.S.A. §347.48(2m)(gm). 

Forfeiture: A fine of $10. W.S.A. §347.50(2m)(a). However, no forfeiture may 

be assessed if the offender is younger than age 16. W.S.A. §347.50(2m)(b). No 

points may be assessed against a person's driving record for a violation of these 

requirements. Wis. Adm. Code § Trans 101.02(5)(b). 

Evidence of noncompliance with these requirements may be admitted into 

evidence in any civil action. However, such noncompliance shall not reduce 

recovery for damages by mor e than 15 %.W.S.A. §347.48(2m)(g). 

May be covered under the seat belt law. 

I. No person shall transport a child under age 8 unless properly restrained in a 

federally approved child safety restraint system as follows: 

II. A child less than 1 year old or who weighs less than 20 lbs. = rear-facing 

child safety restraint system in a back seating position if applicable. 

III. A child at least 1 year old and who weighs 20 lbs. or more, but younger than 

4 or who weighs less than 40 lbs. = forward-facing child safety restraint system 

in a back seating position if applicable. 

IV. A child between the ages of 4-7, between 40-80 lbs., and who is not more 

than 57 inches in height = child booster seat. W.S.A. § 347.48(4)(as). 

233“Properly restrained” means “wearing a seat belt approved by the department...and fastened in a manner prescribed by the 

manufacturer of the seat belt which permits the seat belt to act as a body restraint.” W.S.A. §347.48(2m)(a). 

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Exemptions:	 (1) A child who has a physical, medical condition or body size that prevents the 

use of either a child safety restraint system or seat belt; (2) a child who is riding 

in a motor bus, school bus, taxicab, moped, motorcycle, or a vehicle that is not 

required to be equipped with seat belts under Federal law. W.S.A. §347.48(4). 

Sanctions:	 I. Forfeiture: For a violation of I-III above there is an assessment of not less 

than $30 or more than $75. The assessment is waived upon proof of acquisition 

and installation of a child restraint system within 30 days of the citation’s 

issuance. Additionally, if such person has not received a citation for such 

violation within the immediate preceding 3 years, then the assessment is 

waived. W.S.A. §347.50. 

II. Forfeiture: For a violation of IV above:
 

First offense – an assessment of not less than $10 nor more than $25;
 

Second or subsequent offense (within 3 years) – an assessment of not less than 

$25 or more than $200. W.S.A. §347.50(4).
 

No points may be assessed against a person's driving record for a violation of 

these requirements. Wis. Adm. Code § Trans 101.02(5)(a). 

Effect on Civil Evidence of a failure to comply with these requirements is admissible in any 

Liability: civil action. However, such failure to comply does not by itself constitute 

negligence. W.S.A. §347.48(4)(d). 

School Bus Safety 

Restraint Systems: 

Requirements: The required use of a child safety restraint system does not apply to school 

buses that are not required by Federal law to be equipped with seat belts. 

W.S.A. §347.48(4)(c). 

Motorcycle Protective 

Headgear: 

Requirements: I. No person who holds a motorcycle instructional permit, regardless of age, 

shall operate or ride upon a Type 1 motorcycle 234 unless wearing protective 

headgear meeting Federal Motor Vehicle Safety Standard No. 218. 

II. No person younger than 18 shall operate or ride upon a Type 1 motorcycle or 

ride as a passenger unless wearing federally approved protective headgear. 

III. No person may operate a Type 1 motorcycle while carrying a passenger 

under age 18 unless the passenger is wearing protective headgear. 

W.S.A. §347.485. 

Sanctions:	 Forfeiture: An assessment of not less than $10 or more than $200. 

W.S.A. §347.50(1). No points may be assessed against a person's driving record 

for a violation of these requirements. Wis. Adm. Code § Trans 101.02(5)(e). 

Exemptions:	 None 

234A Type 1 motorcycle is generally a two- (tandem) or three-wheeled motor vehicle designed to carry a 150 lb. person at a speed 

greater than 30 mph. W.S.A. §340.01(32). 

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WISCONSIN
 

Motorcycle Eye 

Protection Device: 

Requirements: A motorcycle235operator shall wear a protective face shield, glasses, or goggles. 

This requirement does not apply to persons who are operating motorcycles in a 

parade that is sanctioned by a local government. W.S.A. §347.485(2). 

Sanctions: Forfeiture: An assessment of not less than $10 or more than $200. 

W.S.A. §347.50(1). 

Although the law is not specific, a person's driving record may be assessed two 

points for a violation. Wis. Adm. Code § Trans 101.02(4)(e). 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: None 

Sanctions: 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: 

See note. 

236 

I. No person shall drive a vehicle when any person is riding upon any portion of 

the vehicle that is not designed or intended for passenger use. W.S.A. §346.92. 

II. No person shall operate a truck weighing 10,000 lbs., or less when a child 

under age 16 is in the open cargo area. W.S.A. §346.922(1). 

Sanctions: I. For a violation of I above: 

First offense - An assessment not less than $20 nor more than $40; 

Second or subsequent offense (within 1 year) - An assessment not less than $50 

nor more than $100. W.S.A. §346.95(1). 

II. For a violation of II above: 

First offense - An assessment not less than $10 nor more than $25; 

Second or subsequent offense (within 3 years) - An assessment not less than 

$25 nor more than $200. W.S.A. §346.95(7). 

Although the law is not specific, a person's driving record may be assessed two 

points for a violation. Wis. Adm. Code § Trans 101.02(4)(e). 

Exemptions: I. The prohibition under I above does not apply to employees discharging 

necessary duties as part of their employment or to persons riding within truck 

bodies in spaces intended for merchandise. W.S.A. §346.92. 

235If the motorcycle is a Type 2 motorcycle equipped with a windshield or a Type 1 motorcycle equipped with a windshield that 

rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory. W.S.A. §347.485(2). 236This requirement does not apply to persons operating motorcycles in a parade that is sanctioned by a local government. W.S.A. 

§347.485(2)(d). 

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II. The prohibition under II above does not apply to persons: (1) who are 

operating a farm truck while performing farm operations; (2) who are operating 

a truck in a parade sanctioned by a local municipality; or (3) who are 

transporting licensed deer hunters during authorized deer-hunting season with 

firearms. W.S.A. §346.922(2). 

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WYOMING
 

STATE WYOMING 

General Reference: Wyoming Statutes Annotated (W.S. 1977) 

Seat Belts: 

Requirements: I. Every driver and passenger shall wear a seat belt when a motor vehicle 237 is in 

motion on public streets and highways. 

II. When a motor vehicle is in motion, the driver shall require each passenger 

under age 12 to wear a seat belt. W.S. 1977 §31-5-1402(a). 

Exemptions: (1) Persons who have a written statement from a physician that it is not 

advisable for the person to wear a seat belt for physical or medical reasons; (2) 

any passenger vehicle not required to be equipped with seat belts under Federal 

law; (3) carriers of the U.S. Postal Service while performing official duties; (4) 

persons occupying a seat where all operable seat belts are being used by the 

driver or other passengers; or (5) any person occupying a seat in a vehicle 

originally manufactured without a seat belt. W.S. 1977 §31-5-1402(b). 

Enforcement Type: Secondary Enforcement: No motor vehicle shall be halted solely for a 

violation of these requirements. W.S. 1977 §31-5-1402(d). 

Sanctions: See note. 

238 

I. Misdemeanor: A driver who violates the requirements in either I or II above 

is subject to a fine of not more than $25. 

II. A passenger who violates the requirement in I above is subject to a fine of 

not more than $10. 

No violation of these requirements may be counted as a moving violation for 

license suspension purposes. Additionally, a violation of these requirements 

shall not be grounds for increasing insurance premiums or made part of a 

person's driving record. W.S. 1977 §§31-5-1201; 31-5-1402. 

Effect on Civil Evidence of a person's failure to comply with these requirements is not 

Liability: admissible in any civil action. W.S. 1977 §31-5-1402(f). 

15-Passenger Vans: May be covered under the seat belt law. 

Child Safety Restraint 

Systems: 

Requirements: A person transporting a child under age 9 in a passenger vehicle239 shall secure 

such child in a federally approved child restraint system in a seat other than the 

front seat, or in the front seat if there is only one row of seats in the vehicle. 

W.S. 1977 §31-5-1303(a). 

237“Motor vehicle” “means every vehicle which is self-propelled except vehicles moved solely by human power and motorized 

skateboards.” W.S. 1977 §31-5-102(a)(xxiv). This is the definition of “motor vehicle” under the general definitions provision of 

the motor vehicle code (Title 31). There is no definition of “motor vehicle” specifically in the seat belt use law. However, the 

seat belt use law does define “passenger vehicle” as “a vehicle...designed to carry 11 persons or less, including pickup trucks, but 

excluding emergency vehicles, motorcycles and buses.” W.S. 1977 §31-5-1401(a)(ii). 238If a person is cited for a violation of other traffic laws, that person may have the fine reduced by $10 if a seat belt was in use at 

the time of the other violation. W.S. 1977 §31-5-1402(e). 239The term “passenger vehicle” means a motor vehicle, excluding emergency and law enforcement vehicles, designed to carry 

people and that was equipped with seat belts at the time of manufacture. The terms “school bus” and “commercial vehicle” are 

excluded from this definition. W.S. 1977 §31-5-1302(a)(v). 

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WYOMING
 

Exemptions: 

Sanctions: 

Effect on Civil 

Liability: 

School Bus Safety 

Restraint Systems: 

Requirements: 

Motorcycle Protective 

Headgear: 

Requirements: 

Sanctions: 

(1) A child whose weight or physical or medical condition prohibits the use of a 

child safety restraint system, so long as the driver of the vehicle carries a signed 

statement from a physician certifying such condition; (2) the driver of the 

vehicle is rendering aid or assistance to the child or his parent or guardian; or 

(3) a child if the lap and shoulder belts of the vehicle will fit properly across the 

collarbone, chest and hips of the child and the belts do not pose a danger to the 

neck, face or abdominal area of the child in the event of a crash or a sudden 

stop. W.S. 1977 §31-5-1303(b). 

Misdemeanor: 

First offense - A fine of not more than $50, which shall be waived upon proof of
 

acquisition of a child restraint system; 

Second or subsequent offense - A fine of not more than $100. 

W.S. 1977 §§31-5-1201(a); 31-5-1304(a). 

Note: The law does not specifically provide for licensing action for a violation 

of this requirement. However, the law does allow the State to suspend a person's 

license for not more than 12 months for repeated convictions of “moving 

violations.” W.S. 1977 §31-7-129(a)(i). 

240 

A violation of this requirement does not constitute evidence of negligence or 

recklessness and does not constitute a basis for criminal prosecution other than a 

violation of this requirement. W.S. 1977 §31-5-1305. 

School buses are excluded from the requirement to use child safety restraint 

systems. W.S. 1977 §§31-5-1302(a)(v)(B); 31-5-1303(a). 

I. No minor 241 shall operate or ride on a motorcycle on public highway, street or 

thoroughfare unless wearing State approved protective headgear. 

II. A motorcycle operator shall not allow a minor to ride on a motorcycle unless 

such minor is wearing protective headgear. W.S. 1977 §31-5-115(o). 

Misdemeanor: 

First offense – A term of imprisonment of not more than 20 days and/or a fine
 

of not more than $200;
 

Second offense (within 1 year) - A term of imprisonment of not more than 30 

days and/or a fine of not more than $300; 

Third or subsequent offense (within 1 year) – A term of imprisonment of not
 

more than 6 months and/or a fine of not more than $500. 

W.S. 1977 §31-5-1201(a), (b). 

240The statute does not specifically exclude this requirement as a moving violation, as does the seat belt statute (W.S. 1977 §31-5­

1402(c)). Therefore, the law is unclear whether a license suspension applies. 241A “minor” is defined as a person who has not yet reached his/her 18th birthday. W.S. 1977 §8-1-102(a)(iii)(B).
 

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WYOMING 

Exemptions: This requirement does not apply to persons operating or riding on mopeds or 

riding within enclosed cabs, or operators of motorcycles in an officially 

authorized parade. W.S. 1977 §31-5-115(o), (q). 

Motorcycle Eye 

Protection Device: 

Requirements: None 

Passenger Age 

Restrictions: 

None 

Bicycle Protective 

Headgear: 

Requirements: None 

Prohibition Against 

Riding in Unsecured 

Portion of Vehicle: 

Requirements: None 

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