Transportation

Occupant Protection (Safety Belts and Child Passengers)

Updated January 2008

Safety Belts Overview

Each year about 43,000 people are killed in motor vehicle crashes. In 2002, the number of motor vehicle fatalities increased by 1.5 percent; this was the third consecutive year for increases. Car crashes are the leading cause of death for people under age 34 in the United States. Every state except New Hampshire has a seat belt law. Twenty states-Alabama, California, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Texas and Washington-and the District of Columbia have primary enforcement laws that allow police officers to stop vehicles solely for a seat belt violation (link here to seat belt law chart). Seat belt laws in the remaining 29 states are secondarily enforced, meaning police officers must stop the vehicle for another violation before they can issue a seat belt ticket. According to NHTSA, states with primary enforcement laws average 83 percent safety belt use while states with secondary enforcement laws average about 75 percent use.

Child Passenger Safety Overview

In America, six children die and 721 are injured in motor vehicle crashes every day. It is the leading cause of death for children between the ages of 2 and 14; 2,095 children were killed in 2002. Children are at a much greater risk for death or injury when they ride unrestrained or in the wrong type of restraint. More than half of children killed in crashes are totally unrestrained. When child safety seats are used correctly, they can reduce fatal injuries by just over 70 percent for infants and by 54 percent for toddlers, according to NHTSA. All 50 states, the District of Columbia, Puerto Rico and the U.S. territories have some form of child safety seat law (link here to child passenger chart). NHTSA recommends that state child passenger laws cover children up to age 16 in every seating position.

State Safety Belt Use - 2006

Child Restraint Use - 2006

Children Not Covered by Safety Belt or Restraint Laws - 2006

Restrictions on Riding in Cargo Areas of Pickup Trucks - 2006

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NCSL Occupant Protection Publications

"Traffic Safety and Public Health: State Legislative Action 2007," Transportation Series No. 32, December 2007, by Melissa Savage, Matt Sundeen, and Anne Teigen.
"Traffic Safety and Public Health: State Legislative Action 2006," Transportation Series No. 31, March 2007, by Melissa Savage, Matt Sundeen and Jeanne Mejeur.
"Safety Belts," Transportation Review, June 2006 by Melissa Savage
"Traffic Safety and Public Health: State Legislative Action 2004," Transportation Series No. 20, December 2004, by Melissa Savage, Matt Sundeen and Jeanne Mejeur.
"Child Passenger Safety," March 2004, LegisBrief by Melissa Savage.
"Highway Safety and Public Health: State Legislative Update, 2003," Transportation Series, January 2004, No. 19 by Melissa Savage, Matt Sundeen, Cathrine Chan.
"Traffic Safety and Children: Booster Seats," January 2003 LegisBrief by Melissa A. Savage.
Protecting Children: A Guide to Child Traffic Safety Laws, December 2002 By Melissa A. Savage, Irene Kawanabe, Jeanne Mejeur, Janet B. Goehring, James B. Reed.
"Child Passenger Protection," Transportation Review by Melissa Savage, Updated August 2002.
"Buckle Up or Else," State Legislatures, September 1999.
"Occupant Protection in Motor Vehicles," Transportation Review, December 1998.

Other Links

NCSL/NHTSA Traffic Safety Legislation Database
NHTSA
NTSB
National SafeKids Campaign
GHSA
IIHS
AAA
NSC (Air bag and Seat Belt)
Children’s Hospital of Philadelphia

NCSL Contact

Melissa Savage
Anne Teigen

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