Seat Belts

Can I get a ticket for not wearing a seat belt?
Seat belt laws are on the books in all states except New Hampshire. However, seat belt use laws in only 31 states and the District of Columbia are primary, meaning police may stop vehicles solely for seat belt law violations. In the 17 states with secondary enforcement laws, officers must have some other reason to stop a vehicle before citing an occupant for failing to buckle up. One state, New Hampshire, has no seat belt law for occupants over age 18.

Colorado has a secondary enforcement law for those 16-years and older that allows officers to ticket you for not wearing a seat belt only if you are stopped while violating other traffic safety laws as well. Colorado’s secondary seat belt law went into effect July 1, 1987. As of July 2010, the fine for not wearing a seat belt in Colorado is $71 for persons 16-years and older. The Colorado Department of Transportation reports that the 2009 observed seat belt usage rate in Colorado was 81.1%. In 2009, 175 people who weren't buckled up were killed in traffic crashes on Colorado roadways. If all of them had buckled up, nearly half of the victims should have lived.

As of August 1, 2010, children younger than 1 year and less than 20 pounds must be in a rear-facing infant seat; children 1 through 3 years and 20-40 pounds must be in a child safety seat; children 4 through 7 years must be in a booster seat. For children under 16 years, primary enforcement laws apply and the fine for not buckling up or properly restraining a child is $81.

New Mexico has a high 91.1% estimated usage rate as of 2008. The state’s primary seat belt law went into effect in 1986 and carries a $25 fine.

Utah has a secondary seat belt law with a fine of $45 for non-compliance. The law went into effect in 1986 and applies to front seat occupants only. In 2008, Utah’s usage rate was estimated at 86%.

Wyoming has a secondary seat belt law and charges a fine of $25 for non-compliance. This law went into effect 1989. 2008 seat belt usage in Wyoming was estimated at 68.6%.

Nationally observed seat belt usage was at 83% in 2008.

Do seat belts really prevent injury or save lives?
Yes. In 2008, seat belts saved approximately 13,250 lives nationwide and are effective in protecting occupants from being ejected from vehicles—one of the biggest contributors to severe injuries and death, according to the National Highway Traffic Safety Administration (NHTSA).

Does seat belt use go up in states that have primary seat belt laws?
The seat belt usage rate is generally higher in states that have and enforce primary laws. Seat belt use reached an all time high of 83% as of 2008 according to the National Highway Traffic Safety Administration (NHTSA). According to NHTSA, states with primary seat belt laws have an average seat belt use rate that is 13% higher than secondary enforcement states. The seat belt usage rate in Colorado is 81.1% and in Wyoming it is 68.6%—well below the national average, while New Mexico has an estimated usage rate of 91.1% with its primary law on the books.

NHTSA compared the percentage of unrestrained passenger vehicle occupant fatalities with overall crash fatalities in each state for the years 2000-2004. In states with primary laws on the books not only were fewer people killed unrestrained, but also the states' overall vehicle crash fatality rates were lower. In states with primary enforcement laws rates were 10.69 per 100,000 people. In states without primary enforcement, the fatality rate was 13.13 per 100,000 people. NHTSA estimates 270 lives are saved for every percent increase in seatbelt usage nationally.

Air Bags

Do air bags really save lives? In 2008, the National Highway Traffic Safety Administration estimates 2,546 lives were saved by frontal air bags. From 1987 to 2008, a total of 27,840 lives were saved. They are most effective in combination with seat belt use. I’ve heard so many conflicting reports. Are my air bags safe? Virtually all new cars have air bags and they're saving lives. Recent NHTSA analyses indicated a fatality-reducing effectiveness for frontal air bags of 14% when no seat belt was used and 11% when a seat belt was used in conjunction with frontal air bags.

People who use seat belts may think they don't need air bags. But they do. Air bags and lap/shoulder belts work together as a system, and one without the other isn't as effective. But, there also are problems with air bags. Inflating bags have caused some serious injuries and deaths.

How do I avoid injuries caused by air bags?
Serious inflation injuries occur primarily because of people's positions when air bags first begin inflating. Anyone, regardless of size or age, who's on top of, or very close to, an air bag is at risk. Most air bag deaths have involved people who weren't using belts, were using them incorrectly, or were positioned improperly.

People not using their seat belts or using them incorrectly, especially passengers, are at risk because they're likely to move forward during hard braking or other violent maneuvers before crashes. Then they're likely to be very close to, or on top of, air bags before inflation begins. Improperly positioned people at risk include drivers who sit very close to the steering wheel - 10 inches or closer - and infants in rear-facing restraints in front seats.

Understanding that air bag injury risk is related to position leads to a few simple steps that can eliminate the risks without sacrificing air bag benefits.

Does my height or the fact that I’m a woman put me at greater risk of air bag injury?
It isn't your size, gender, or age that determines risk. It's position in relation to an air bag. Most adults can virtually eliminate the risk by buckling up. Neither short women nor elderly drivers are especially vulnerable if they use safety belts and sit at least 10 inches from the steering wheel.

Should I consider an on/off switch for my air bag(s)?
The federal government has set criteria for the very few cases when air bag on/off switches may be needed to avoid injury. However, getting a driver air bag switch makes sense when one cannot comfortably drive while sitting back and away from the steering wheel. One may also wish to get permission for a switch based on medical need (i.e. a pregnant woman who cannot get her abdomen away from the steering wheel).

What About My Child?

According to the Colorado Department of Transportation, from 2006-2010, 20 kids, ages 4 through 7, died in traffic crashes in Colorado, and 11 (55%) of them were unrestrained or improperly restrained.

NHTSA says that among children under age 5, an estimated 244 lives were saved in 2008 by restraint use. At 100% child safety seat use for children under age 5, an estimated 323 lives (that is, an additional 79) could have been saved in 2008.

Where should kids sit?
Don't put a rear-facing restraint in the front seat. Starting with the first trip home from the hospital, put an infant in the center back seat. Make sure the rear facing restraint is tightly secured to the vehicle with an adult safety belt and the baby is buckled snugly in.

The back seat is the safest place. However, if your vehicle does not have a back seat, then an on/off switch for the front passenger air bag is essential. Even without air bags, kids riding in back are much less likely to be killed. Today, riding in back is even more important because it keeps children away from inflating air bags.

How should I buckle up my kids, as they get older?
When babies outgrow their rear-facing restraints, they should graduate to forward-facing ones or booster seats attached to a vehicle's back seat with an adult safety belt. As kids later graduate to adult belts, proper restraint use still is essential. Don't put the shoulder portion of a belt behind a child or under the arm. A lap belt should be positioned so it's low and snug across a child's hips, not up over the abdomen.

Older kids should continue riding in a back seat. Only if there are too many children to put them all in back should a child be allowed to ride up front. Then make sure the seat is all the way back and the child is securely buckled and sitting back in the seat. Leaning forward to, for example, fiddle with radio dials can put a child at risk. If you worry about keeping a child sitting back, you may wish to consider getting an on/off switch for the passenger air bag.

What about Colorado's child passenger safety law?
Colorado's child passenger safety law is primary enforcement, meaning the driver can be stopped and ticketed if an officer sees an unrestrained or improperly restrained child in the vehicle.

Parents who need help determining the safest option for their child or baby can visit one
of 140 car seat fit stations across Colorado. The fit stations provide free assistance and
car seat checks that are conducted by trained child passenger safety technicians. Parents
can find a fit station closest to them by visiting www.carseatscolorado.com or calling toll
free 1-877-LUV-TOTS.

How the law works:

• Babies under 1 year old and less than 20 pounds must ride in a rear-facing car seat and only in the back seat of the vehicle.

• Once babies turn 1 year old and weigh at least 20 pounds, the law gives them the option of using a front-facing car seat. Rear-facing car seats are still allowed by law and safety experts recommend that parents continue using them to the upper weight limit allowed by the car seat manufacturer because it provides the most protection.

• Children ages 4, 5, 6 and 7 must continue to be protected in a child safety restraint. For most kids in this age group that means a booster seat, but experts recommend that children remain in a forward- facing car seat longer if the upper weight limit of the seat allows it (usually 40-50 pounds).

• When a child turns 8, the law allows them to use a vehicle seat belt. But for the best protection, safety experts recommend that kids continue to use a booster seat until they are at least 4'9" tall, which half of children will not reach until they are 11 years old.

• The minimum fine is $82 per violation. All child passenger safety violations are primary enforcement.