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Updated July 2001

Overview
Federal Action
State Legislative Action
Evidence of Effectiveness
Conclusion
50-State Charts

State Seat Belt Use Laws
State Laws on Child Restraint Use
Children Not Covered by Safety Belt or Child Restraint Laws

Links to Reports and Other Information
Contacts

Prepared by Melissa A. Savage and Irene T. Kawanabe

Overview

This report provides an analysis of motor vehicle occupant protection issues. First, an overview of the topic explains key issues related to occupant protection that include seat belts, child restraint and air bags. Next, the report examines recent federal action that includes the new federal transportation act. A state legislative section also describes recent state activity and examines several positions in opposition to occupant protection legislation. Finally, the report analyzes the effectiveness of various occupant protection approaches. Fifty-state charts and web links are provided for further information.

Seat Belts

The National Safety Council (NSC) reports that injuries received in traffic crashes are the leading cause of all injury-related deaths in America and the leading cause of death for people ages 6 through 24. According to dozens of safety studies, seat belts are the most effective way to reduce this tragic toll. During the past 10 years, traffic-related deaths and injuries have declined due to a substantial increase in seat belt use. Between 1983 and 1997, seat belt use in the United States rose from 14 percent to 69 percent of occupants, an increase that has been attributed to the passage of seat belt use laws. Recently, the seat belt use rate has increased very slowly, rising only a few percentage points during the last five years. In an effort to remedy this static rate and continue the trend of reducing injuries and deaths, the U.S. Department of Transportation (DOT) has set a goal to increase seat belt use to 90 percent by the year 2005. If this goal is achieved, an estimated 5,536 lives could be saved and 132,670 injuries could be prevented annually, leading to a savings of nearly $9 billion in foregone medical costs and avoided economic losses. Through their constitutional power to protect the health and safety of citizens, state legislatures have the primary responsibility to enact traffic safety laws.

An effective way to increase seat belt use-according to numerous studies-is through primary or standard enforcement laws. These laws allow police to stop vehicles solely for seat belt violations, in a manner similar to other traffic violations. In contrast, secondary enforcement laws-currently in place in most states-require police to stop a vehicle for other reasons before they cite a driver or passenger for failure to use their seat belts.

Currently, 17 states, Puerto Rico and the District of Columbia have passed primary enforcement laws, and all have witnessed a significant increase in seat belt use. For example, in California-where primary enforcement has been in effect since 1993-seat belt use has risen to 90 percent. In Louisiana, seat belt use has increased from 50 percent in 1995 to 75 percent in 1997, while in Maryland, seat belt use has increased from 70 percent to 83 percent since the passage of its primary enforcement law in 1997.

Some opponents of primary enforcement voice concern that these laws could lead to an increase in harassment for drivers by creating a new justification for officers to stop drivers who act suspiciously. Despite the potential for what some might see as harassment, research has shown that seat belt use is an effective method to reduce traffic-related deaths and injuries. According to the National Highway Traffic Safety Administration (NHTSA), by simply buckling up, the risk of fatal injury is reduced by 45 percent and the risk of moderate-to-critical injury is reduced by 50 percent. In fact, an eight-year study released in February 1998 by the American Journal of Public Health offers evidence of the effectiveness of standard enforcement laws to save lives in the African American community. Even among 18- to 29-year-old African American men, belt use is higher in states with standard laws-58 percent versus 46 percent in states with secondary laws.

Child Restraint

In 1996, motor vehicle crashes claimed the lives of more than 2,000 children. In 1997, 593 children under age 5 died in passenger vehicle crashes; 54 percent of these were totally unrestrained. These children could have been saved had someone ensured that they were properly seated in a child safety seat or buckled up and seated in the rear of the car. Adult drivers and passengers can save lives and prevent injuries by using their seat belts; at the same time they can relay the importance of seat belt use to children. According to a study in the Journal of Pediatrics, drivers who buckle up are more likely to ensure that child passengers also are buckled up. When the driver is buckled up, restraint use for toddlers (ages 1 to 4) is 86 percent. When the driver is not buckled up however, the restraint use rate for toddlers drops dramatically to 23 percent. This decline is due in part to the fact that children model adult behavior. Additionally, if an adult does not buckle up, it is likely that he or she will not have insisted on proper restraint for children in the vehicle. An observational study in Louisiana showed that after the adult primary enforcement law was passed, child restraint nearly doubled from 46 to 82 percent even though the child passenger safety laws remained the same.

To help combat child passenger injuries and deaths, all states have passed some form of child restraint legislation. Although these laws have proven to be an excellent way of keeping child passengers safe in vehicles, some of them do not offer comprehensive coverage for all children in all situations. An example of such a shortfall in coverage is in Pennsylvania, where passengers age 4 and older are not required to buckle up in rear seats. Nevada law does not require out-of-state drivers to comply with its child passenger restraint laws. Only Alaska, California, Kentucky, Maine, Massachusetts, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin and the District of Columbia have enacted legislation to provide coverage for every child in every seat.

Air Bags

Combined with seat belts, air bags successfully save lives and prevent injuries. Since 1990, air bags have deployed in nearly 3 million crashes and have saved approximately 3,358 lives. As of October 1998, however, air bags have also been blamed for the deaths of 51 children, 41 adults and 14 infants. If drivers and passengers are not buckled up and seated correctly when an air bag deploys, the risk of serious and fatal injuries increases.

For air bags to provide an effective buffer between the occupant and the dashboard or steering wheel, they must deploy at a very rapid speed-sometimes up to 200 miles per hour. The impact of a deploying air bag often is what causes the reported injuries and deaths related to air bags among unrestrained adults or children. A simple solution to this potential danger is to have everyone buckle up and ensure that children ride in the back seat.

Because of the possible dangers associated with air bags, NHTSA has granted on/off switch waivers for air bags in certain situations; since air bags are beneficial in most cases, the on/off switch waiver is granted only to those car owners who show an absolute necessity. An example of such a necessity might be if a child is unable to be seated in the back seat of the car due to a lack of space or if an individual is unable to be seated at least 10 inches away from the location of the air bag.

Federal Action

TEA-21

On June 9, 1998, the Transportation Equity Act for the 21^st Century (TEA-21) was signed into law; it authorizes highway, transit, highway safety and other surface transportation programs for the next five years. One important aspect of TEA-21 is a commitment to safety programs. Specifically, this legislation authorizes nearly $600 million in incentive grants to be used for occupant safety programs.

One incentive program encourages seat belt use through $500 million in grants to be awarded over six years to states that meet eligibility requirements, which include a seat belt use rate higher than the national average for the two preceding calendar years or a seat belt use rate higher than the state's "base seat belt rate" for the previous calendar year. (The "base seat belt rate" for each state is calculated from the state's highest use rate for any calendar year from 1996 through the calendar year that precedes the grant application.) If a state meets the requirements, the grant funds received through this program can be used for any project eligible for assistance under Title 23 of the U. S. Code, which covers highway programs.

Another TEA-21 incentive grant encourages states to adopt and implement programs to reduce highway fatalities and injuries. To qualify for these grants-that total $68 million for fiscal years 1999-2003-a state must demonstrate that it has implemented at least four of the following six criteria: pass laws that require seat belt use by all front seat passengers in passenger vehicles (and, by 2001, in any seat in the vehicle); enact primary enforcement legislation; assess minimum fines and penalty points for violations of seat belt and child seat belt use laws; establish a statewide publicity program that emphasizes occupant protection; create a statewide education program about child passenger protection that includes proper seating positions for children in air bag-equipped vehicles, as well as instruction on how to reduce the improper use of child restraint systems; and implement a child passenger protection law that requires minors to be secured in a child safety seat or other appropriate restraint system. If a state meets the eligibility requirements, the grants received under this program can be used only to implement and enforce occupant protection programs.

Additionally, TEA-21 authorizes $15 million for fiscal years 2000 and 2001 for child passenger protection education and grants to encourage states to implement child passenger protection programs. To become eligible for funding under this program, states submit an application to, and receive approval from, the U.S. secretary of transportation to carry out child passenger protection education activities. States are required to use these grant funds for programs that help to prevent deaths and injuries to children and to educate the public about all aspects of child restraint use.

Seat Belts

In December 1996, the president urged all Americans to use their seat belts and to always keep child passengers buckled up in the back seat. In April 1997, the secretary of transportation announced the President's Initiative to Increase Seat Belt Use program. This initiative established clear goals to increase nationwide seat belt use from the current average of 69 percent. Specifically, it sets a goal of 90 percent seat belt use by the year 2005, with an interim goal of 85 percent use by 2000. Another goal of the initiative is to reduce child occupant fatalities by 15 percent by 2000 and 25 percent by 2005. To reach these goals, the U.S. Department of Transportation established the Buckle Up America! campaign to educate the public about the importance of wearing seat belts.

Air bags

In 1991, Congress urged NHTSA to require auto manufacturers to install air bags in all new cars by September 1997. Acting in response to market pressure, nearly all auto manufacturers began installing air bags in new cars several years before the federal deadline. Although air bags proved to be an effective tool in preventing traffic related deaths and injuries, deaths blamed on air bags also were reported. Most of the fatalities were among small children who were either improperly restrained or improperly secured in a child safety seat or were not buckled in at all. In response to this potential danger, NHTSA created a process where vehicle owners can obtain a waiver to have an air bag on/off switch installed in their vehicle. Vehicle owners must complete a waiver application and submit it for approval to NHTSA. After NHTSA grants approval, owners can take their vehicles to auto dealers or mechanics and have the on/off switch installed. The air bag on/off switch is intended to be used only in certain limited situations-for example, if an infant must be seated in the front seat due to lack of space in the back seat. In situations like this, the passenger side air bag is too dangerous for the infant and should be shut off. The waiver also applies to small-stature adults and people who have certain medical conditions.

Another aspect of TEA-21 legislation specifically addresses air bags. According to the law, NHTSA must mandate advanced air bags to protect belted and unbelted people of all sizes, especially infants. Specifically, the law requires that advanced air bag rules be developed to minimize the risk associated with air bags and young children.

Safety groups like NHTSA believe the benefits of air bags outweigh the possible dangers. Air bags are most effective when used with seat belts and should not be used as a substitute for seat belts. Because of the high speed at which air bags deploy, drivers and adult passengers are safest when they are properly buckled up and seated at least 10 inches from the air bag. According to safety advocates, children should not be seated in the front seat; they should always ride in a rear seating position either in a child safety seat or buckled up.

State Legislative Action

Forty-nine states and the District of Columbia have some form of seat belt law in place (New Hampshire is the only exception). The majority of these laws-known as secondary enforcement laws-require police officers to stop a vehicle for some other reason before issuing a citation for a seat belt violation. Although these laws encourage seat belt use, studies have shown that seat belt use rates increase significantly when these laws are strengthened to primary enforcement levels. The strengthened seat belt laws-referred to as primary or standard enforcement laws-enable police officers to treat seat belt violations like any other traffic violation and stop a vehicle solely for a seat belt violation. Additionally, police enforcement agencies may establish periodic checkpoints to ensure that motorists are using their seat belts. Alabama, California, Connecticut, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Texas, Puerto Rico and the District of Columbia have primary enforcement laws.

All states that have moved from secondary to primary enforcement laws have noted an increase in seat belt use. One example is in Georgia, where a primary seat belt law was enacted in July 1996. By November 1996, the seat belt use rate in Georgia had climbed 12 percentage points from 51 percent to 63 percent. Belt use in Georgia now stands at 76 percent.

Some states however, have increased seat belt use through other methods. In Washington, where a secondary enforcement law has been in place since June 1989, the seat belt use rate is 84 percent, 15 points higher than the national average. This higher rate has been achieved, in part, through extensive enforcement and public education efforts. Policymakers in Washington argue that, because of their high seat belt use rate, primary enforcement laws are not necessary to increase seat belt use. "Because our seat belt use rate is higher than some states with primary enforcement laws, we feel that the difference we could make by passing a primary enforcement law wouldn't have a significant impact. Instead, we are able to focus our attention on real problem areas like teenage crashes," says Washington Representative Karen Schmidt. Although several other states also have achieved use rates above the national average, Washington is the only state that has a significantly higher use rate.

Although primary enforcement seat belt laws have been proven to have a positive effect on seat belt use and have reduced deaths and injuries, the laws still face opposition. Some argue the laws interfere with personal freedom and that individuals should be allowed to choose whether to wear a seat belt. Others claim primary enforcement laws give police officers too much discretion-and power-to stop any vehicle by using the pretext of enforcing the safety belt law. The concern is that primary enforcement laws may potentially serve as excuses for police officers who are intent upon targeting minorities and harassing law-abiding citizens. The Air Bag and Seat Belt Safety Campaign, the National Urban League and the NAACP have examined the harassment issue and have found no change in enforcement policies in the states that enacted primary enforcement laws. In fact, the National Urban League endorses these laws because of their safety benefits.

Indiana became the fourteenth state to pass a primary enforcement bill earlier this year. However, the law was recently deemed unconstitutional by a local county court judge. His decision was based on legislative language and not the legislative intent of the bill. The decision is being appealed by the Attorney General and all parties have agreed to work together next session to fix the language.

Specifically, the Indiana law reads:

"A vehicle may be stopped to determine the compliance with this chapter. However, a vehicle, the contents of the vehicle, the driver of a vehicle, or a passenger in a vehicle may not be inspected, searched, or detained solely for a violation of this chapter."

It is the first sentence of this provision that is the basis of the lawsuit. Challengers to the law argue that this language gives police the authority to stop a vehicle and then determine if seat belts are being worn. Non-compliance with the statute should be determined before any stop is made. This is the language that will be clarified during the next session. The ruling was not about the constitutionality of primary enforcement, rather on the specific language.

Established federal and state case law says that pulling a motorist over for a traffic violation-including a seat belt violation-is an appropriate basis for the stop. For example, the U.S. Supreme Court has ruled that, "the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred" (Whren vs. United States, 517 U.S. 806, 810 (1996)). These cases were decided based upon Fourth Amendment protections against unreasonable searches and seizures. If the police selectively enforced traffic violations against targeted individuals-for example on the basis of race-their actions could raise questions about equal protection.

Some states, in addition to Indiana, have considered the harassment issue when introducing primary enforcement legislation and have suggested means to prevent the problem. The Maryland legislature also used language that deals with harassment issues. The Maryland primary enforcement law states:

"A police officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section."

Child Restraint

All 50 states and the District of Columbia have enacted legislation that protects child passengers. These laws help prevent injuries and deaths by ensuring that children are properly secured. Although each state has some form of child restraint law in place, often these laws do not protect every child in all situations-known as a gap in coverage. Ideally, all children in all vehicles should be covered by child restraint laws, safety belt laws or both.

Seat belt laws primarily offer protection to front seat passengers and drivers; most child restraint laws cover children up to age 4. Together, these two different types of laws leave gaps in coverage. In some states, for example, a passenger age 10 or older can legally ride in the back seat without wearing a seat belt. In an effort to close the gaps and ensure that all children are covered, some states are beginning to amend current state child restraint laws. Alaska, California, Kentucky, Maine, Massachusetts, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin and the District of Columbia have passed child restraint and seat belt laws that provide coverage to every child in every seating position.

According to NHTSA, booster seats help prevent injury to children between 40 to 80 pounds. Without a belt-positioning booster seat, the lap belt can ride up over the stomach and the shoulder belt can cut across the neck. In a crash, this could cause serious or even fatal injuries. In 2000, Washington passed legislation requiring certain children to be secured in booster seats. Booster seats are designed to secure children too big for child safety seats but too small for adult seat belts. The Washington Legislature passed Anton's Law requiring children age 4 through 5 years of age or between 40 and 60 pounds to be secured in a booster seat. Arkansas, California and South Carolina also have booster seat laws.

Another way that some states are trying to protect infants and children is by passing legislation to close gaps in existing child passenger laws and addressing issues surrounding the possible dangers associated with air bags. Rhode Island law now requires that infants and children up to age 5 be seated in the back of all passenger vehicles. In Delaware, children under age 12 and under 65 inches tall are prohibited from sitting in the front seat of a vehicle that is equipped with an air bag.

Evidence of Effectiveness

Primary Enforcement

Every hour, someone dies in America because he or she was not wearing a seat belt. Research by numerous safety groups has shown that seat belts save lives and prevent injuries. In 1996, seat belts saved more than 10,000 lives. The challenge is to ensure that all drivers and passengers use their seat belts. NHTSA's research shows that an increase in seat belt use in some states is due to primary enforcement laws. States that have primary enforcement laws in place have an average of 78 percent seat belt use rate, compared with the national average of 69 percent. These states on average have a seat belt use rate 15 percentage points higher than states that have secondary enforcement laws. Most part-time and non-belt users in the primary enforcement states fear citations and significant fines, so they buckle up every trip.

Some states have increased seat belt use through education and intense enforcement efforts (Washington is one example). The usage rate in Colorado recently rose from 55 percent to 66 percent after enforcement efforts targeted seat belt use. Proponents of primary enforcement laws say, however, that enactment of these laws causes a 15 percentage point increase.

If the seat belt use rate increased to 90 percent, NHTSA estimates that 5,536 additional lives could be saved each year. One proven way to increase seat belt use is to enact strict seat belt enforcement laws. If all states that currently have secondary enforcement laws in place would upgrade their seat belt laws to primary enforcement, NHTSA estimates that 1,736 lives would be saved; and 46,025 injuries would be prevented, representing a total savings of approximately $2.3 billion.

Child restraint/adult seat belt use

When child safety seats are used correctly they reduce the risk of fatal injury by 69 percent for infants and 47 percent for toddlers. One way to keep children safe is to ensure that they are properly buckled up and seated in the back seat.

Research has shown that adult behavior is the single greatest predictor of child restraint in a vehicle. According to the Air Bag and Seat Belt Safety Campaign that is because children model adult behavior. A Ford Motor Company study found that 70 percent of the time, if a driver is unbuckled, children riding in that vehicle will not be buckled up. Conversely, if the driver is buckled, restraint use for children increases to 94 percent. In fact, after a primary enforcement law was enacted in Louisiana, child restraint use increased from 45 percent to 82 percent in two years.

Air bags

When used with seat belts, air bags are an effective way to save lives and prevent injuries in traffic crashes. Air bags have deployed approximately 2.9 million times and have saved an estimated 3,358 lives. However, air bags also have been blamed for more than 100 deaths since 1990. Most of these deaths have been attributed to the fact that the individuals in these crashes were not properly buckled or were not buckled at all. Seat belts and air bags are meant to work together. NHTSA estimates that the combination of air bags and seat belts reduces the risk of moderate-to-serious head injuries by 75 percent compared with only a 38 percent reduction when seat belts alone are used.

Conclusion

Traffic crashes are the leading cause of death in America. The most effective way to prevent injuries and save lives in traffic crashes is to wear seat belts. However, some people admit that they are either part-time belt users or they simply never buckle up. Primary enforcement laws have proven to be effective in increasing and encouraging seat belt use. Research has shown that people buckle up if they anticipate a stiff fine or other penalties for not using seat belts. Because children emulate adults and because primary enforcement laws encourage adults to buckle up, children in a vehicle are more likely to be buckled up, as well.

Another effective tool to combat traffic-related injuries and deaths is the air bag, which is designed to work most effectively when combined with seat belt use. Without a seat belt, the impact of hitting the air bag might be too great for children and small adults. Together, the seat belt and air bag offer the best protection in a car crash.

50-state Charts

State Seat Belt Use Laws

* Seat belt usage rate reported Jan. 1997.

† Source: Airbag and Seatbelt Safety Campaign 1998 and National Association of Governor's Highway Safety Representatives (NAGHSR) 1998

State Laws on Child Restraint Use

1. These states assess points for violations.
2. Children weighing more than 40 lbs. may be belted without a booster seat if they are seated in the rear seat of a vehicle not equipped with lap/shoulder belts. The provision applicable to children 6 through 15 yrs. currently has a different effective date (1/1/2001). California sources indicate that in 2001 a bill will be proposed to change the effective date to 1/1/2002.
3. The fine in Connecticut is $15 if the child is 4-16 yrs. and 40 lbs. or more. Connecticut also requires a mandatory child restraint education program for first or second violation. In Georgia, the maximum fine is $25 if the child is 5-18 yrs. Hawaii drivers are charged $50 for a mandatory child restraint education program. Drivers in Massachusetts may be fined $25 for violating belt law themselves and $25 for each unrestrained passenger 12-16 yrs. The fine in Rhode Island is $30 if the child is 4-6 and/or in the front seat when a rear seat is available. In Tennessee, the maximum fine is $20 if the child is 4-16 yrs. The fine in Virginia is $25 if the child is 4-16 yrs. and no points are assessed for violations involving this age group.
4. In Delaware, children younger than 12 yrs./65 inches or less must be restrained in rear seat if vehicle has a passenger airbag unless the airbag has been either deactivated or designed to accommodate smaller people. Exceptions: no rear seat or rear seat occupied by other children younger than 12 yrs./65 inches or less. In North Carolina, children younger than 5 who weigh less than 40 lbs. must be restrained in a child safety seat in the rear seat if the vehicle has a passenger airbag, unless the child restraint system is designed for use with airbags. In Washington, effective 7/1/02, children younger than 6 or weighing less than 60 lbs. must be restrained in a child restraint system in the rear seat, if the vehicle has a passenger airbag.
5. In Indiana, children younger than 4 yrs. must be restrained in adult belts if it's reasonably determined they cannot fit in child restraints.

Children Not Covered by Safety Belt or Child Restraint Laws

The fine in California is $50 (in Connecticut, $15) if the child is aged 5 through 15 yrs. and 40 lbs. or more. In Georgia, the maximum fine is $25 if the child is aged 5-17 yrs. Drivers in Massachusetts may be fined $25 for violating belt law themselves and $25 for each unrestrained passenger aged 13-15 yrs. Hawaii drivers also are charged $50 for a mandatory child restraint education program. The fine in Rhode Island is $30 if a child is in the front seat when a rear seat is available. Drivers in Massachusetts may be fined $25 for violating belt law themselves and $25 for each unrestrained passenger 13-15 yrs.

In Delaware, children younger than 12 yrs./65 inches or less must be restrained in rear seat if vehicle has a passenger airbag unless the airbag has been deactivated or designed to accommodate smaller people. In Indiana, children younger than 4 yrs. must be restrained in adult belts if it's reasonably determined they cannot fit in child restraints.

Arkansas rewards belt use by reducing the fine for the primary violation by $10. In Louisiana, the reward is a 10 percent reduction of the moving violation fine. In Wyoming, it is a $5 reduction in the primary violation fine.

Under the safety belt defense, Wisconsin allows a maximum 15 percent damage reduction (in Missouri, a maximum 1 percent). In Iowa, Michigan and Nebraska the damage reduction may not exceed 5 percent. In Colorado, damages may be reduced and suffering only, not economic or medical losses. In West Virginia, an award for medical expenses only may be reduced by than 5 percent.

Links to Reports and Other Information

Air Bag and Seat Belt Safety Campaign
American Academy of Pediatrics
Insurance Institute for Highway Safety
National Highway Traffic Safety Administration
National Motorists Association

Contacts

Melissa Savage, Policy Specialist
NCSL Transportation Program

Irene Kawanabe, Policy Associate
NCSL Transportation Program

   Transportation Reviews page

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