What You Need to Know About North Carolina Seat Belt Laws
As indicated on the preceding page, North Carolina law requires that all drivers and passengers in a passenger vehicle be properly restrained. G.S. § 20-135.4 (Drivers and Passengers to Be Properly Restricted by Seat Belts and Child Passenger Restraint Systems) states in pertinent part:
(e1) Vehicle Requirements. – Every operator of a passenger vehicle transporting a passenger in this State shall comply with this subsection.
- (1) The operator of a passenger vehicle manufactured after January 1, 1981, shall keep the shoulder harness of the seat belt system buckled and across his or her shoulder at all times while that operator is operating the passenger vehicle.
- (2) The operator of a passenger vehicle manufactured after January 1, 1981 , shall keep in place the lap belt of the seat belt system at all times while that operator is operating the passenger vehicle.
- (3) A passenger in the front seating position of a passenger vehicle manufactured after January 1, 1981, shall keep the passenger restraint system, including the shoulder harness and lap belt, in place and properly adjusted at all times the passenger is in the vehicle.
- (4) If the passenger vehicle was manufactured after January 1, 2008, the operator shall ensure that every passenger less than age eight is secured in a child passenger restraint system or a booster seat while being transported in the passenger vehicle. A booster seat secured by a safety belt shall be used only if the passenger is at least 40 inches tall and not more than 50 inches tall. The requirements of this subsection do not apply if all seating positions with seat belts in the passenger vehicle are occupied by other passengers who are at least 16 years of age.
Explaining North Carolina’s Back Seat Seat Belt Requirement
In North Carolina, even the back seat passengers are subject to the seat belt law. If you are transporting a child in a passenger seat, you have a duty to ensure the passenger is properly secured and at least 8 years old and 80 pounds. Telling your child to buckle up in the back seat is not enough. The backseat seat belt requirement (N.C.G.S. 20-135.2A) applies to children who are either 8 years old or are at least 80 pounds in any seat of the vehicle whether the vehicle is a taxi cab, pickup truck, etc. In other words, all personal vehicles come under the statute. The only exception to this rule is if there is less than 3 seat belts which has an exception for the driver rather than only the front seat passenger. However, to address the concern that many people have, there is no driver side or passenger side exclusion if you are only including the front passenger when there are less than three seat belts. If you are a driver or a front or back passenger of a taxicab, limousine, or public bus then you are exempt from the N.C.’s seat belt law but the driver in those public modes of transportation must make sure that all of the seatbelts are used on any public roads in North Carolina. Like the specified seatbelt law, N.C.’s seat belt law (N.C.G.S. 20-135.2A) does not have an exception for cars manufactured before 1966, those laws do not have a van exception where they only apply to vans manufactured after 1981. The seat belt law was signed into law by the governor in 1983. See also N.C.G.S. 20-135.2A(c)(1).
Fines and Other Consequences of Failing to Wear a Back Seat Seat Belt
The penalties for not wearing a seat belt are relatively minimal in North Carolina. The penalty for not wearing a seat belt in the front seat is $25.00. There is now a $179.00 penalty for not wearing a seat belt in the back seat. (However, unless you have been involved in a car accident, or you are stopped for some other reason, it is generally common for law enforcement to just warn the driver of this new law.)
If there are 2 or more passengers being transported in the back seat who are age 16 and older who are charged with seat belt violations then there is an additional $100.00 fine for each person in the back seat who is not wearing a seat belt.
These penalties are so low that it is difficult for law enforcement to hold people to the letter of the law. For example, there is no $100.00 fine for not wearing a seat belt in the back seat if none of the other passengers are being charged with seat belt violations. If the driver and passenger in the front seat (or even just one of them) are charged with a seat belt violation then the driver is not usually charged with a seat belt violation in the back seat even if there were two or more passengers in the back seat who were not wearing their seat belts.
Drivers are also given more deference concerning the back seat seat belt law than the front seat seat belt law because of the history of law enforcement concerning automobile safety. The law states that if you are over 16 years old and not wearing a seat belt then you can be charged with a seat belt violation. However, law enforcement is given a fair amount of latitude in determining how to charge so they usually do not charge the driver of the vehicle in a back seat seat belt situation, unless there is the aforementioned second passenger who is charged with a seat belt violation.
The Safety Reasons Behind the Back Seat Seat Belt Laws
North Carolina law states that children ("restrained in a safety seat, seat belt or other restraint as appropriate") in both the front seat and back seat must be secured in an age-appropriate child safety seat or vehicle safety belt while transporting them. It’s the law, and your child’s safety is important.
By far, the most significant reason why back seat seat belt laws are vital has to do with the sheer number of people who are, in fact, injured from back seat injuries. The CDC notes that "seat belts reduce the risk of deaths and serious injuries by about half." People wearing seat belts are historically less likely to get injured in a car accident than those who are not wearing a seat belt. The statistics for seat belt wear is certainly conclusive in that it does indeed help save lives and prevent serious injury.
While wearing seatbelts provides protection for the front seat passengers, the same is not true for those in the back seat; in fact, occupants in the back seat are at a higher risk for injuries whether or not they wear their seat belts. A 2013 study published in BMC Public Health found "in increasing order, risk ratios were 1.59, 1.76, 3.14, and 3 . 49 for compulsory front seat belts, compulsory rear seat belts, compulsory rear seat belt reminder systems, and compulsory rear seats, respectively." Despite the effectiveness of seat belts, however, many rear seat passengers fail to wear them, significantly impacting the safety of those involved in an accident. A 2018 study published in Transportation Research found that "objects and people in the rear seat were projectile hazards that could strike the occupants of the front seat and cause injury." The study also showed that unrestrained back seat passengers could significantly harm the drivers or passengers in the front seat in the event of an impact.
It has been estimated that "about 20% of crashes involving fatal injuries for passengers restrained in seat belts have those passengers sustaining fatal injuries predominantly or solely attributable to being struck by objects from the front seat." From 2006 to 2009, it has been estimated that an average of 13,000 back seat passengers were killed in crashes and more than 32,000 sustained nonfatal injuries due to front seat passengers.
Despite this, people still do not wear seat belts, something that contributes to more injuries and fatalities.
How the Law Pertains to Drivers as Well as Passengers
For most of us, wearing a seat belt in the front seat is second nature, but as a society, we’re pretty bad at keeping our seat belts buckled in back. According to a 2016 study from the Governors Highway Safety Association, 22 percent of rear-seat passengers failed to wear a seat belt in the previous year. A National Highway Traffic Safety Administration report found that, in 2017, just 57 percent of fatally wounded rear seat occupants were buckled up.
North Carolina, like many states, passed laws aimed at getting more people to wear seat belts in the back seat, and the law is straightforward. The law says that every person over the age of 16 who is seated in and on the rear passenger seat of a passenger vehicle must securely fasten their seat belt. The law doesn’t require seat belt use if there is no seat belt present, or if multiple seat belts do not exist for each passenger, but this is rarely the case unless you are in a vintage car. In most cases, back seat belts are a requirement when a car is manufactured, so the general rule is that you should be buckled up.
Drivers need to understand that the law does not place the full burden of enforcement on passengers—there are also responsibilities for drivers.
The North Carolina statute is clear in placing the ultimate responsibility of ensuring that passengers in the back seat follow the seatbelt law on the driver:
(a) It is unlawful for any person to operate a passenger vehicle with a passenger of at least 16 years of age, if such passenger is not securing his or her person firmly to the rear passenger seat of the passenger vehicle by a properly adjusted and fastened safety seat belt assembly.
(b) The driver of a passenger vehicle loaded with passengers under the age of 16 shall be responsible for the proper securing of such passengers by a properly adjusted and fastened safety seat belt assembly.
If you are pulled over and found to have violated the North Carolina "Back Seat Belt Law," the consequences are relatively small. First-time offenders get a citation, which is a $25 fine. Second-time offenders receive a citation and a $100 fine. A third violation brings with it further fines and potential license revocation.
Insurance companies will check whether the law was violated after a crash, but a violation does not actually affect the cost of insurance premiums. However, insurers may reduce benefits or deny claims if your violation directly contributed to an accident. If someone else’s violation causes a crash, you might be able to use this information to seek compensation for yourself.
Comparison of the Back Seat Seat Belt Law with Other States’ Seat Belt Laws
The back seat seat belt law in North Carolina stands out in comparison with certain other states. For instance, New York recently strengthened its seat belt law by requiring all adults in the rear seats to wear seat belts. This came after the tragic death of a young woman whose father and fiancée perished in a car accident in Queens in 2011 due to not wearing seat belts. Before this change in the law, back seat seat belt laws in New York were just as lenient as North Carolina. North Carolina allows adults 15 years and up to be unbelted if they are not sitting next to the driver or front passenger.
Other states such as Illinois have back seat regulations that are similar to those in North Carolina. Illinois only requires passengers to be seat belted in the front seat , but does not require rear seat passengers to wear seat belts.
Meanwhile, the majority of states, including Massachusetts, Virginia, Maryland and Florida, have passed laws that require all individuals riding in motor vehicles, regardless of where they are sitting, to wear seat belts, including those in the back. The strictest regulations on this front tend to be seen in the Northeast region of the country.
The social norms regarding seat belt use therefore make clear that the United States is inconsistent with its laws regarding who is required to wear a seat belt, particularly when it comes to rear seat passengers. If a driver can be responsible for his or her front seat passengers, so too should the Rear Seat Rule address every seat passenger.