Seatbelt Laws Through The Years

In 1961, Wisconsin was the first state in the United States to adopt a law requiring that seat belts be installed in the driver position in new cars

. Other parts of the world soon followed; seat belts were required in all cars manufactured in Europe by 1965, and in Australia by 1970.

However, despite their proactive-ness, it took nearly two decades before the use of seat belts - as opposed to providing drivers with the option of wearing one or not - became mandatory. Then in 1984, New York passed the first law requiring the driver's use of a seat belt. Now, 28 years later, as of 2012, all states except for New Hampshire require the use of seat belts in the front seat of a vehicle. In New Hampshire, adults over the age of 18 are not required to wear seat belts.

Primary vs. Secondary Enforcement

The procedures available to the police in enforcing these seatbelt laws vary across the country. Currently, 32 states and the District of Columbia utilize "primary" enforcement. This means that officers can stop a vehicle, even if the only offense committed is the failure to wear a seat belt. In other states, enforcement is "secondary." In secondary states, a driver can only be cited for a seat belt violation if the vehicle is stopped for a different traffic violation. Seat belt utilization varies significantly between the secondary and primary enforcement states. Estimates are that seat built usage averages 63 percent in secondary states and 78 percent in primary states.

"Safety Belt Defense" and Child Restraint Laws

Sixteen states in the U.S. have what is known as "safety belt defense" laws. If the injured party in an accident is not wearing a belt, these laws provide a partial defense in a civil suit. Damages may be reduced by a specified percentage in states allowing this defense. The reduction applies only for those damages that would have been prevented by the use of a seat belt. All 50 states today have child restraint laws. In most states, child restraint laws are subject to primary enforcement. The age at which children are required to use child restraints, as opposed to seat belts, however, varies from state to state. Some state laws express a preference or requirement for children to be placed in the rear seat.

Air Bags

Air bags were first invented at around the same time in the U.S. and Germany in the early 1950s. The first U.S. patent for air bags was issued in 1953, a few months before the first German patent. The U.S. first required air bags to be installed in new cars manufactured in 1989. This requirement could be met by either a driver's air bag or an automatic seat belt. In 1998, the requirement was broadened to include installation of both driver and front passenger air bags. The requirement for air bags in light trucks was adopted for vehicles manufactured in 1997. Today, seat belts are available in all modern manufactured cars, including hybrid vehicles, and the functioning of seat belts can be either checked or repaired at any auto service shop.

by: Dave Johnson

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