Transit Vehicles And Seat Belt Laws: Who's Exempt?

Seat belt laws require the fitting of seat belts to motor vehicles and mandate their use by vehicle occupants. While the laws vary by country and state, they have been instrumental in reducing road deaths. In the United States, for example, all states except New Hampshire have seat belt laws, with primary enforcement laws allowing police officers to stop vehicles if a driver or passenger is unbuckled, and secondary enforcement laws requiring another reason for the stop. The National Highway Traffic Safety Administration (NHTSA) regulates seat belt use and design for local transit systems, and while there is no requirement for seat belts in any operational transit situation, including wheelchairs, seat belts have been shown to significantly reduce the risk of fatal injury.

Seat belt laws and their effectiveness

Seat belt laws are a legal requirement in most states in the US, and they are proven to be effective in reducing injuries and fatalities in road traffic accidents. While the specifics of seat belt laws vary across states, the majority of states have a primary enforcement law, which allows law enforcement officers to stop and ticket a driver or passenger for not wearing a seat belt.

The effectiveness of seat belt laws is evident in the reduction of crash-related injuries and deaths. Seat belts reduce the risk of fatal injury by up to 60% and the risk of moderate to critical injury by 50-65%. In 2017 alone, seat belts saved an estimated 14,955 lives, and they have saved an estimated 374,276 lives between 1975 and 2017. The consequences of not wearing a seat belt are clear: being ejected from a vehicle in a crash is almost always deadly, and airbags are not enough to protect unrestrained occupants.

Primary enforcement seat belt laws, which allow law enforcement officers to stop vehicles solely for seat belt violations, are more effective than secondary enforcement laws. In places with primary enforcement laws, the relative prevalence of seat belt use ranged from 1.5 to 4.5 on a scale of 100 observed drivers, while secondary laws had smaller effects. Additionally, primary enforcement laws were associated with a relative risk of death in crashes of 0.54 to 0.97, compared to 0.81 to 1.025 for secondary laws.

While most states have primary enforcement laws, there are some variations. For example, in California, an additional penalty of $29 is levied for every $10 of a fine imposed by the court for traffic offenses, including seat belt violations. In Colorado and Missouri, seat belt laws are secondary enforcement laws for adults but primary for those under 16.

Seat belt laws do not typically apply to public transit vehicles or wheelchairs. The National Highway Traffic Safety Administration (NHTSA) regulates seat belt use and design for local transit systems, but there is no federal requirement for seat belts in these situations. However, transit agencies may require seat belt installation and use for operational considerations, such as when a light rail vehicle shares a right-of-way with other vehicles.

Seat belt laws by state

Seat belt laws in the United States are mostly left to state law. However, the recommended age for a child to sit in the front passenger seat is 13.

Seat belt laws are divided into two categories: primary and secondary enforcement laws. Primary enforcement allows law enforcement officers to stop and ticket a driver if they observe a violation. Secondary enforcement means that a peace officer may only stop or cite a driver for a seat belt violation if another primary violation, such as speeding, has occurred.

As of 2013, 17 states and the District of Columbia had a primary enforcement seat belt law covering all seating positions. 16 states had a primary enforcement seat belt law covering only the front seats, and 17 states had a secondary enforcement seat belt law or no law.

As of 2017, 34 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands had primary enforcement laws for front seats. 14 states had secondary laws for adult front seat occupants, and one state, New Hampshire, had no law requiring adults to wear seat belts.

Specific laws vary from state to state, depending on the age of the rider and the seat they are sitting in.

Seat belt laws for public transport drivers

Seat belt laws vary depending on the country and region. This answer will focus on the laws for public transport drivers in the United States.

In the United States, the National Highway Traffic Safety Administration (NHTSA) regulates seat belt use and design for local transit systems. The Federal Motor Carrier Safety Administration (FMCSA) has jurisdiction over interstate drivers. NHTSA may defer to state laws or local decisions made by transit agencies.

There is no federal requirement for seat belts in any operational transit situation, including wheelchairs. However, some states or local transit agencies may have their own policies requiring seat belt use. For example, in North Carolina, there is a primary seat belt law, and the Governor's Highway Safety Program implemented a Trauma Nurses Talk Tough (TNTT) program to educate people about seat belt safety.

While there is no federal mandate, seat belt legislation is in place in most states. As of 2024, all states except New Hampshire have seat belt laws. New Hampshire is the only state with no law requiring adults to wear seat belts in a vehicle.

Primary enforcement seat belt laws allow law enforcement officers to stop and ticket a driver or passenger for not wearing a seat belt. As of 2020, 34 states, the District of Columbia, and several territories have primary enforcement laws for front seats. In contrast, secondary enforcement laws only allow officers to issue tickets for seat belt violations if the driver has been pulled over for another reason. As of 2024, 17 states have secondary enforcement laws or no law.

Seat belt use is consistently higher in states with primary enforcement laws. These laws are also associated with higher observed seat belt use and lower proportions of people killed in crashes who were unrestrained. Upgrading from secondary to primary enforcement laws can lead to a significant decrease in traffic deaths.

In summary, while there is no federal requirement, public transport drivers in the United States should be aware of and comply with state and local laws regarding seat belt use. The NHTSA and FMCSA are the regulating authorities at the federal level, and resources are available to stay informed about the latest laws and best practices.

Seat belt laws for wheelchair users

In the United States, most seat belt laws are left to state law. However, federal law requires buses to be outfitted with straps that lock down wheelchairs, as well as seat belts and shoulder harnesses to secure passengers. Despite this, most states do not require individuals on buses and vans to use seat belts. According to The Associated Press, only five states – Arkansas, Georgia, Minnesota, Washington, and Wisconsin – require that both wheelchairs and passengers be secured on paratransit buses. Oregon law requires passengers to buckle up on commercial buses, but says nothing about floor restraints. New Jersey law limits its requirements to passenger cars and vans, but ignores public transit and buses.

Federal Transit Administration (FTA) guidelines state that a transit operator may require that wheelchairs be secured in buses and vans, as long as the vehicle is required to be equipped with a securement system. However, under the broad nondiscrimination provisions in Section 37.5 of the Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations, a transit operator is not permitted to mandate the use of seat belts and shoulder harnesses by wheelchair users, unless the operator mandates the use of these devices by all passengers, including those sitting in vehicle seats. For example, on fixed-route buses, if none of the other passengers are required to wear shoulder belts, then neither can the person in the wheelchair be required to do so. Transit operators may establish a policy that requires the use of seat belts and shoulder harnesses by all riders, including those who use wheelchairs as well as those who use vehicle seats, if seat belts and shoulder harnesses are provided at all seating locations. In some cases, state law could require an operator to adopt such a policy.

Any seat belt policy established by a transit operator should reflect provisions in many state seat belt laws that exempt certain types of vehicles (such as buses and taxis) from compliance, as well as exceptions for persons who cannot use a seat belt for medical reasons.

It is important to note that the DOT ADA regulations define a "wheelchair" as a mobility aid belonging to any class of three- or more-wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered.

The history of seat belt laws

In the early 20th century, seat belts began to appear in motor racing and Indy cars. However, it wasn't until the 1950s and 1960s that they started to become more common in passenger vehicles. In 1959, Swedish engineer Nils Bohlin invented the three-point seat belt, which became the standard for passenger cars. Volvo hired Bohlin as their first chief safety engineer, and they gave away the three-point seat belt design for free to other manufacturers.

The first seat belt law was enacted in 1961 in Wisconsin, requiring seat belts to be installed in the front seats of all new cars. In 1968, a federal law was passed mandating all new cars to be equipped with seat belts in all designated seating positions, except buses. This law has since been modified to require three-point seat belts in all seating positions.

Seat belt use was voluntary in the United States until 1984 when New York became the first state to require vehicle occupants to wear seat belts. This law went into effect on January 1, 1985, and imposed a $50 fine for non-compliance. Since then, most states have enacted primary or secondary enforcement laws for seat belt use. Primary enforcement allows a police officer to stop and ticket a driver for a seat belt violation alone, while secondary enforcement means that a driver can only be cited for a seat belt violation if they have committed another primary violation, such as speeding.

As of 2017, aggregate seat belt usage in road vehicles in the United States is 89.7%. Seat belt laws have been proven effective in reducing car crash deaths and injuries, with studies showing a significant reduction in traffic fatalities and serious injuries.

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