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. 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. 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 restraint 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. (Author/publisher)
Samenvatting