Is It Against the Law to Ride in the Backseat Without a Seat Belt?
Let's start right off with the fact that wearing a seat belt belt for drivers and passengers in the front seat is the law in all but one state. In New Hampshire known as the Live Free or Die state, there is no seat belt law. Wear it, don't wear it, it's totally up to you.
So what about the back seat? Do you even put yours on?
Federal seat belt laws only deal with car manufacturers so federal law means every seat in a car driven in the United States needs a safety belt by that law. However each state gets to decide if it's illegal to wear one or not according to the Drive Safe Online website, and that includes front seat versus backseat.
As we already know, every state except New Hampshire has a law on the books saying. wear seatbelt. However, things change in the backseat state by state.
According to the Government Highway Safety Association website, 40 states require you to wear your seat belt while riding the in the backseat of a vehicle. Obviously this means these 10 states are just fine if you don't wear one in the backseat including New Hampshire.
- Arizona
- Arkansas
- Colorado
- Florida
- Iowa
- Missouri
- Nebraska
- New Hampshire
- North Dakota
- Ohio
Meanwhile, those states that enforce backseat safety belts have primary or secondary enforcement laws.
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Primary means you can be pulled over if a police officer notices your backseat passenger isn't buckled up according to Drive Safe Online.
Secondary means you can't get pulled over if your backseat passenger isn't wearing one, but if you're pulled over for another reason and your passenger in the backseat isn't buckled in then that can be added to your violations.
If you want to see where your state stands, including primary versus secondary laws then click here.
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