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Traffic Safety Facts
Laws
April 2004
Strengthening Safety Belt Use Laws-Increase Belt Use,
Decrease Crash Fatalities and Injuries
Traffic crashes are a leading cause of a vehicle and issue a citation when State’s safety belt use rate. In 2003, the
death in the United States. Increasing the officer observes an unbelted driver average safety belt use rate in States
safety belt use has tremendous poten- or passenger. with primary enforcement laws was
tial for saving lives, preventing inju- 8 percentage points higher than in
Secondary enforcement means that
ries, and reducing the economic costs States without primary enforcement
a citation for not wearing a safety belt
associated with crashes. Strong occu- laws. (Safety belt use was 83 percent in
can only be written after the officer
pant protection laws coupled with high primary law States versus 75 percent in
stops the vehicle or cites the offender
visibility enforcement campaigns (such States without primary enforcement.)
for another infraction.
as “Click It or Ticket”) are currently the
When States upgrade their laws from
most effective ways to increase safety Passing primary safety belt use laws
secondary to primary, significant in-
belt use. in every State is essential to saving
creases in safety belt use are often ob-
thousands of lives and preventing tens
Make All Belt Use Laws of thousands of injuries each year.
served. For example, when three States
Subject to Primary Enactment of primary laws sends a
–New Jersey, Alabama, and Michigan–
Enforcement message to motorists that safety belt
upgraded their secondary safety belt
laws to primary laws in 2000:
Definitions: use is an important safety issue that
Primary (standard) enforcement al- the State takes seriously. Increases in ■ The safety belt use rate in New
lows a law enforcement officer to stop belt use have been made without a pri- Jersey rose from 63 percent in 1999
mary safety belt use law in place, but to 74 percent in 2000.
the greatest gains are possible when a
primary law works in conjunction with ■ The safety belt use rate in Alabama
high visibility enforcement campaigns rose from 58 percent in 1999 to 71
Inside This Issue such as “Click It or Ticket.” percent in 2000.
■ Make All Belt Use Laws ■ The safety belt use rate in Michigan
Subject to Primary A primary safety belt use law is much
rose from 70 percent in 1999 to 84
Enforcement more readily enforced than a second-
percent in 2000.
ary law. In attitude surveys, officers
■ Successful Examples consistently preferred primary laws
■ Public Support is Strong for and report that a secondary enforce- Public Support is Strong for
Primary Safety belt Use Laws ment law is a major deterrent to Primary Safety belt Use Laws
■ Protect All Vehicle Occupants issuing citations. Abundant research In 2000, NHTSA conducted a survey
in All Passenger Vehicles has shown that an upgrade to primary among a national sample of approxi-
enforcement will significantly raise belt mately 6,000 people ages 16 and older
■ Significant Fines Are use rates when combined with educa- to determine attitudes, knowledge,
Important in Increasing Belt tion and adjudication. and reported behavior regarding oc-
Use
cupant protection.
■ Occupant Protection Grant
Successful Examples
Programs Primary safety belt laws have a ■ Overall, 61 percent of the
proven track record of increasing a population surveyed believed that
law enforcement officers should examined this issue extensively during trucks. More than 100 children and
be allowed to stop a vehicle if 2000 and 2001. As a result, NOBLE has teenagers die each year as a result of
they observe only a safety belt use voiced support for law enforcement riding in cargo areas of pickup trucks.
violation (primary enforcement). training, educational outreach to the
Having a strong, well-written law
■ Perhaps not surprisingly, support African American community, and
is crucial to saving lives. In 2002,
for primary enforcement was higher passage of primary safety belt laws to
NHTSA partnered with the National
in primary enforcement States (70 increase safety belt use among African
Committee on Uniform Traffic
percent). However, even in States Americans.
Laws and Ordinances, the National
with secondary enforcement, The Congressional Black Caucus Transportation Safety Board, the Air
the majority (53 percent) favored has stated that increasing safety Bag & Safety belt Safety Campaign, the
primary enforcement. belt use among African Americans Automotive Coalition for Traffic Safety,
■ Overall support for primary is an “urgent national health prior- Inc., and the Governors Highway
enforcement was greatest among ity.” The National Black Caucus of Safety Association to create a “model
Hispanics (72 percent) followed by State Legislators and the National law” that can assist States in draft-
non-Hispanics (60 percent), African Conference of Black Mayors have also ing the language needed to eliminate
Americans (68 percent) and whites expressed support for strong laws that the gaps that often occur in occupant
(59 percent). increase safety belt use and include protection legislation. This law rec-
safeguards for uniform enforcement. ommends that every occupant (both
As of January 1, 2004, 20 States, the children and adults) of a motor vehicle
District of Columbia and Puerto ASPIRA, a national organization dedi-
in motion. The model law is available
Rico have primary laws in effect.1 cated to the education and leadership
at http://www.ncutlo.org
Twenty-nine States have secondary development of Hispanic youth, also
enforcement laws and one State (New has expressed its support for primary Fines Play a Part in Increasing
Hampshire) has no adult safety belt safety belt legislation. ASPIRA passed Belt Use
use law. a resolution supporting primary
enforcement of State safety belt and There is evidence to support the belief
Addressing Concerns About child safety seat use laws and efforts to that higher fines are associated with
the Enforcement of Primary promote compliance with such laws. higher safety belt use rates. In its
Laws: report on the 2001 Safety belt Summit,
Recognizing the contribution that the Automotive Coalition for Traffic
Motor vehicle crashes are the leading primary laws make to safety belt Safety (ACTS) reported that the level of
cause of death for African Americans use among all groups, many minor- fines had an impact on safety belt us-
from birth through 14 years of age and ity group legislators have supported age. ACTS examined State-conducted
are the second leading cause of death primary law upgrades in their States. belt use surveys from 1998 and 1999
for African Americans between 15 and Some of these legislators have testified and observed that belt use averaged six
24 years of age. Motor vehicle crashes publicly that following their upgrades points higher in States having fines of
are the leading cause of death for to primary safety belt laws, they have $30 and above than in States with fines
Hispanics from 1-44 years of age, and seen neither backlash in their com- less than $30.
are the third leading cause of death for munities nor evidence of differential
Hispanics of all ages surpassed only enforcement of the new laws.
Occupant Protection Grant
by heart disease and cancer. However,
a major concern about the enforcement Protect All Vehicle Occupants Programs
of primary occupant protection laws in All Passenger Vehicles The Transportation Equity Act for
expressed by opponents of this legisla- the 21st Century (TEA-21) was signed
Safety belt laws vary from State to
tion is differential enforcement—the into law on June 9, 1998. In addition
State with some laws covering only
targeting of people from different to providing funding for improving
front seat occupants, some providing
racial and ethnic groups by police America’s roadways, bridges, and tran-
for only secondary safety belt enforce-
enforcing traffic laws. sit systems, this comprehensive legisla-
ment, and some exempting pickup
tion provides funding for increasing
The National Organization of Black trucks and vans. Some laws apply only
safety belt and child safety seat use.
Law Enforcement Executives (NOBLE), to State residents. Many States fail to
the Nation’s leading organization of address the issue of children riding as Section 157 (incentive) created a pro-
minority law enforcement officials, passengers in the cargo area of pickup gram to encourage States to increase
their safety belt use rates in recogni- crashes and resulting deaths, injuries, 2003, NHTSA will broaden outreach
tion that increased belt use decreases and property damage. A State may use programs directed toward these
crash injuries and the financial burden these grant funds only for highway high-risk groups through intensified
these preventable injuries place on safety purposes; at least 40 percent of media strategies and high visibility
Federal programs. Funds are allocated these funds must be used to address safety belt enforcement demonstra-
to eligible States based on savings in local traffic safety problems, including tion grants using the Click It or Ticket
medical costs to the Federal govern- restraint use. model. Such programs will be imple-
ment due to improved safety belt use. mented in States and communities
Local Community Grants: Congress
with a high proportion of high-risk
Section 157 (innovative) provides has provided funding for initiatives
populations demonstrating low safety
that Section 157 funds not allocated to for FY 2003 to increase safety belt use.
belt use rates.
incentive grants in a fiscal year be allo- NHTSA plans to build upon initiatives
cated to the States to carry out innova- laid out during FY 2001 and FY 2002, Section 405 is an incentive grant pro-
tive projects that promote increased when funding was made available to gram to increase the use of safety belts
safety belt use. local communities to increase safety and child safety seats by encouraging
belt use among high-risk groups, such States to adopt more effective laws,
Section 402 provides funds to States as minorities, younger drivers, and stronger penalties, and highly visible
and communities to reduce traffic part-time safety belt users. During FY enforcement and education programs.
The reports and additional
information are available from
your State Highway Safety Office,
the NHTSA Regional Office
serving your State, or from NHTSA
Headquarters, Impaired Driving
and Occupant Protection Office,
ATTN: NTS-110, 400 Seventh
Street, S.W., Washington, DC
20590; 202-366-4913; or NHTSA’s
web site at www.nhtsa.dot.gov
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