California Seat Belt Law: What You Need to Know

California Seat Belt Laws

California’s seat belt laws are designed to enhance road safety and reduce injuries and fatalities from car accidents. Even at low traveling speeds, motor vehicle crashes can result in severe injuries for drivers and passengers who are not buckled up or are not wearing their seat belts correctly.

Every driver and passenger must adhere to specific requirements outlined in California’s vehicle codes. Here’s a closer look at California seat belt laws and what every driver and passenger should know.

California Vehicle Code 27315: Motor Vehicle Safety Act

California Vehicle Code 27315, also known as the Motor Vehicle Safety Act, mandates that all drivers and passengers in private vehicles wear seat belts at all times. It states, “A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt”.

Proper seatbelt usage means crossing the lower lap portion of the belt over the hips or upper thighs and that the upper shoulder portion of the belt crosses over the occupant’s chest. The lap belt should rest over the tops of the legs, not across the stomach.

California Vehicle Code 27360: Mandatory Child Restraint System in California

California Vehicle Code 27360 regulates appropriate seatbelt usage for children. In 2017, it was estimated that the use of child restraint systems saved 325 children occupants aged 4 and younger. California has strict guidelines for child restraint systems to protect young passengers:

• Children under 2 years old must ride in a rear-facing car seat unless they weigh 40 pounds or more or are at least 40 inches tall.
• Children aged 2 to 8 are required to be in a car seat or booster seat until they reach a height of 4 feet 9 inches.
• Children who outgrow car seats or booster seats must transition to using a standard seat belt.
• Parents and guardians are responsible for ensuring that child safety seats are properly installed according to the manufacturer’s instructions.
• It’s crucial to use a federally approved child passenger restraint system.

Who Must Wear Seat Belts In California?

In California, nearly all drivers and passengers are legally required to wear seat belts. Everyone in a moving vehicle, including the driver and all passengers, must wear a seat belt. California law considers motor vehicles to include passenger vehicles, trucks, vans, and truck tractors but does not include motorcycles.

Seat belt use is mandatory regardless of seating position and applies to both front and back seat occupants. There may be exceptions to this rule if the vehicle does not have rear seats or the rear seats are either side-facing jump seats or rear-facing seats.

California law mandates that certain bus occupants also use seat belts, depending on the type of bus and its safety features. Effective July 2018, drivers and passengers on commercial buses, like Greyhound, must wear seat belts.

Penalties for Not Wearing a Seat Belt in California

In California, drivers and passengers who fail to wear seat belts face financial penalties.

• As of June 2023, violating seat belt laws in most states resulted in a fine of $25 to $200.
• According to the California Office of Traffic Safety (OST), the cost of an adult seat belt violation in California is $162. The statute allows a court to order you to attend traffic school.
• A $490 fine can be enforced for not properly restraining a child under 16. If the parent is not in the car, the driver will get the ticket.
• Not wearing a seat belt will not result in points on the driver’s record.

California Seat Belt Use Statistics

• Seat belts reduce the risk of death by 45% and moderate to critical injuries by 50% for front-seat passengers.
• In 2017, out of 37,133 people killed in motor vehicle crashes, 47% were not wearing seat belts.
• California has a seat belt usage rate of 95.9% compared to the national average of 90.7%.
• Unbelted occupants are 30 times more likely to be ejected from a vehicle during a crash.
• Child safety seat use reduced the risk of death to infants (aged less than 1 year) by 71% and toddlers (aged 1 to 4 years) by 54% in passenger vehicles.
• Booster seat use reduces the risk of serious injury by 45% for children aged 4 to 8 compared with seat belt use alone.

National Seat Belt Day

National Seat Belt Day, observed annually on November 14, was created by the Governors Highway Safety Association (GHSA), Uber, and Volvo to raise awareness about the life-saving benefits of wearing a seat belt and to celebrate the 60th anniversary of Volvo’s invention of the three-point seat belt. The purpose of this observance is to encourage drivers and passengers to buckle up every time they are in a vehicle.

Click It or Ticket Campaign

The “Click It or Ticket” campaign is a national program operated by the National Highway Traffic Safety Administration (NHTSA) to enforce seat belt use and raise public awareness about the importance of buckling up. The campaign launched in California in 2005, boosting the state’s seat belt use rate from 92.5% in 2005 to 95.9% by 2018.

From May 21 to June 3, State and local law enforcement agencies step up enforcement to remind drivers of the safety benefits of wearing a seat belt.

We Advocate for Car Accident Victims

If you were injured in a car accident caused by another person’s negligence, it’s crucial to consult with an experienced personal injury lawyer. At Alpha Accident Lawyers, our team of experienced car accident attorneys is dedicated to advocating for accident victims.

Our personal injury lawyers maintain a 99% success rate and have recovered millions of dollars in compensation for our clients. We will guide you through the entire legal process, from filing a claim to securing a fair settlement. Call our California personal injury office today for a free consultation.

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