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What state is it not illegal to not wear a seatbelt?

Published in New Hampshire Seatbelt Laws 3 mins read

The state where it is not illegal to not wear a seatbelt for adult front-seat occupants is New Hampshire.

New Hampshire's Unique Seatbelt Stance

New Hampshire stands out from nearly every other state in the United States by not having a primary seatbelt law for adults. This means that, unlike all other U.S. states and the District of Columbia, adults aged 18 and older are not legally required to wear a seatbelt in the front seat. This unique position reflects the state's traditional emphasis on individual liberties, often encapsulated by its "Live Free or Die" motto.

However, it is important to note that New Hampshire does have specific seatbelt and child restraint laws for minors:

  • For Individuals Under 18: All occupants under the age of 18 are required to wear a seatbelt or be secured in an appropriate child restraint system, regardless of their seating position in the vehicle.
  • Child Restraint Systems: Children up to age seven or 80 pounds must be secured in a car seat or booster seat.

While adults in New Hampshire have the option not to wear a seatbelt, safety experts universally recommend seatbelt use as the most effective way to prevent serious injuries and fatalities in a vehicle crash.

Seatbelt Laws Across the United States

Across the rest of the country, all other U.S. states and the District of Columbia mandate seatbelt use for adult front-seat occupants. Additionally, most states, specifically 33 states and the District of Columbia, extend these requirements to adult rear-seat passengers.

Seatbelt laws generally fall into two categories:

Type of Law Description
Primary Enforcement In states with primary enforcement laws, a police officer can stop a vehicle solely because an occupant is not wearing a seatbelt. This means the seatbelt violation itself is a primary offense, similar to speeding. These laws are considered highly effective in increasing seatbelt use rates.
Secondary Enforcement In states with secondary enforcement laws, a police officer cannot stop a vehicle solely for a seatbelt violation. They must first observe another traffic offense (e.g., speeding, illegal turn) to pull over the vehicle, and only then can they issue a citation for not wearing a seatbelt. These laws are generally less effective in promoting compliance.

New Hampshire, notably, has no adult seatbelt enforcement law (neither primary nor secondary) for those 18 and older. This makes it an outlier in efforts to promote road safety through universal seatbelt use.

For more information on New Hampshire's specific seatbelt regulations, you can refer to the official New Hampshire Department of Motor Vehicles website: New Hampshire Seatbelt Laws.