Study: Primary Enforcement Laws, Bigger Fines Boost Seat Belt Use

New research from the University of Missouri-Columbia shows that a shift to primary enforcement along with a fine increase could significantly boost seat belt use among motorists.

Since New York first adopted a mandatory automobile seat belt law in 1984, safety belt use has increased across the United States. Today, 49 states have mandatory seat belt laws. Of those, 21 states and the District of Columbia, have primary enforcement laws, which allow a police officer to stop a motorist specifically for not wearing a seat belt. The other 28 states have secondary enforcement laws that prevent law enforcement officers from citing a driver for failure to wear a seat belt unless the driver is stopped for another offense.

“Because primary enforcement increases the chance of receiving a citation for failure to obey the law, such laws enhance seat belt use even after considering the impact of state police and safety expenditures and state demographic differences such as income, education, age, gender and ethnicity,” said Lilliard Richardson, an associate professor in MU’s Truman School of Public Affairs.

The key provisions that characterize the strength of state seat belt laws vary substantially between states, Richardson said. Those provisions are primary versus secondary enforcement laws, the monetary fine imposed for violating the law, and “all seat” versus “front seat only” coverage.

In addition, Richardson found that the monetary fine attached to a seat belt violation has an affect on seat belt use separate from the provision itself. The average fine in 2004 was $25. Texas had the highest maximum fine of $200 for a first offense. For example, Arizona, Kansas, Missouri, Pennsylvania, South Carolina, Tennessee and Wisconsin are all secondary enforcement states with a $10 fine for a violation. In 2002, average seat belt use in those states was 68.4 percent. Richardson estimated that if these states adopted primary enforcement laws and increased the fine to $50, seat belt use would increase 15.1 percent.

“This study’s findings hold two obvious implications for public policy,” Richardson said. “First, states with secondary enforcement statutes should upgrade to primary enforcement. Second, imposing fines of at least $25 for violating a seat belt law would enhance seat belt use in many states, and increasing fines to $50 would yield even greater seat belt use.”

Alaska & CO
Alaska and Colorado are both secondary enforcement states with a $15 fine for a violation. In 2002, average seat belt use in those states was 69.5 percent. Richardson estimates that if these states adopted primary enforcement laws and increased the fine for a violation to $50, seat belt use would increase by 14.4 percent to 83.9 percent.

DE, MT, ND & SD
Delaware, Montana, North Dakota and South Dakota are all secondary enforcement states with a $20 fine for a violation. Currently, average seat belt use in those states is 69 percent. Richardson estimates that if these states adopted primary enforcement laws and increased the fine for violation to $50, seat belt use would increase 13.6 percentage points to 82.6 percent.

AR, ID, IL, KY, MA, MN, MS, NE, NV, VT, VA & WV
Arkansas, Idaho, Illinois, Kentucky, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, Vermont, Virginia and West Virginia are all secondary enforcement states with a $25 fine for a violation. Currently, average seat belt use in those states is 69 percent. Richardson estimates that if these states adopted primary enforcement laws and increased the fine for violation to $50, seat belt use would increase 12.9 percentage points to 81.9 percent.

FL & OH
Florida and Ohio are both secondary enforcement states with a $30 fine for a violation. Currently, average seat belt use in those states is 72.5 percent. Richardson estimates that if these states adopted primary enforcement laws and increased the fine for violation to $50, seat belt use would increase 12.1 percentage points to 84.6 percent.

RI
Rhode Island is a secondary enforcement states with a $50 fine for a violation. Currently, average seat belt use in the states is 71 percent. Richardson estimates that if Rhode Island adopted primary enforcement laws and maintained the $50 fine, seat belt use would increase 9.1 percentage points to 80.1 percent.

UT
Utah is a secondary enforcement states with a $45 fine for a violation. Currently, average seat belt use in the states is 80 percent. Richardson estimates that if Utah adopted primary enforcement laws and increased the fine for violation to $50, seat belt use would increase 9.8 percentage points to 89.8 percent.

Source: University of Missouri/Newswise