Seat Belt Laws in Virginia: What You Need to Know

Learn Which Drivers, Passengers, and Children Must Wear Seat Belts in Virginia

Seat belts seem simple.

But the evidence shows that these vehicle safety devices save lives and prevent catastrophic injuries for many Americans involved in motor vehicle crashes yearly.

The effectiveness of seat belts has resulted in state legislatures passing primary and secondary seat belt enforcement laws.

And Virginia is one of these states with seat belts law mandating who must wear a safety lap belt and shoulder harness or child restraint device and when.

This article explains Virginia’s seat belt laws so that you know your responsibilities when you and your family get in the car.

Keep reading to learn more.

What is a Seat Belt?

A seat belt (a safety lap belt) is a vehicle safety device with straps fastened around your body and attached to the seat to keep you secured during a sudden stop or an automobile crash.

Here is how seat belts work.

When in a moving car, you travel at the same speed as the vehicle.

If the car suddenly stops or crashes, you continue at the same speed the vehicle was going before the stop or collision.

Lap and shoulder belts apply an opposing force, securing you to the seat.

This opposing force from the seat belt –

• Prevents ejection from the vehicle

• Keeps you from colliding with the vehicle’s interior, including the dashboard, steering wheel, windows, or back of the seat in front of you.

• Spreads the impact across your body, reducing the risk of injury

Do New Cars Need Seat Belts?

Yes.

Federal law requires all vehicles (except buses) to have seat belts in all designated seating positions.

This federal seat belt law, which first took effect in 1968, has been modified to require three-point seat belts in seating positions.

Does the Law Require Commercial Vehicles to Have Seat Belts?

Yes.

Section 393.93 of the Federal Motor Carrier Safety Regulations (FMCSRs) requires trucks, truck tractors, and buses built after July 1, 1971, to have seats, seat belt assemblies, seat belt anchors, and seat belt warning systems complying with the Federal Motor Vehicle Safety Standard in effect for the year built. 

Are Seat Belts and Seat Belt Enforcement Laws Effective?

Yes.

Motor vehicle crashes are a leading cause of death and injury. 

For example, in 2020, there were more than 35,000 fatal auto crashes in the United States, resulting in more than 38,000 deaths. In Virginia alone, 796 fatal crashes caused 850 deaths.

These numbers increased last year (2021) when an estimated 42,915 people died.

In addition, more than two million Americans suffer severe injuries in car wrecks each year. 

According to the Centers for Disease Control and Prevention (CDC), more than half of adults and teens who died in crashes were not wearing safety belts. 

And multiple studies have found that seat belts save thousands of lives each year by reducing the risk of being ejected from the vehicle or suffering a critical injury, making buckling up the most effective thing you can do to protect yourself. 

Many state legislatures have passed seat belt laws recognizing how buckling up improves health. 

These laws have succeeded in increasing the number of people buckling up, with an estimated 90% seat belt use rate in 2021. 

Who Must Wear a Seat Belt in Virginia?

Code of Virginia Section 46.2-1094, titled Occupants of Front Seats of Motor Vehicles Required to Use Safety Lap Belts and Shoulder Harnesses; Penalty, explains who must wear a seat belt in Virginia.

The requirement to wear a seat belt depends on age and where you sit in the vehicle.

All Drivers Must Wear a Seat Belt

Virginia law requires every driver to wear a safety belt system (lap belts and shoulder harnesses if available).

All Front-Seat Passengers Must Wear a Seat Belt

Any person 18 or older and sitting in the front seat must wear an appropriate safety belt system when the automobile is moving on any public highway.

All Passengers Under 18 Must Wear a Seat Belt

In Virginia, all passengers under 18 must wear a seat belt or be properly secured in a child safety seat, regardless of where they sit in the vehicle.

Code of Virginia Sections 46.2-1095 through 46.2-1100 specify how passengers under 18 must be protected. 

This article discusses these child car seat laws next. 

Child Passenger Safety Laws in Virginia (the Child Safety Seat Law)

Virginia’s Child Safety Seat Law requires that:

• Children under eight use a child restraint device that meets Department of Transportation Standards.

• Children ride in a rear-facing safety seat until age two or until they reach the minimum weight limit for facing forward, as stated by the safety seat’s manufacturer. Newer child safety seats often recommend rear-facing setups until the child weighs 40 pounds.

• All rear-facing safety seats are placed in the back of the vehicle, not in the front passenger seat. If the car does not have a back seat, you may put the child safety seat in the front passenger seat only if the vehicle does not have a passenger side airbag or if you have turned the passenger side airbag off.

• Children no longer ride unrestrained in the rear cargo area of vehicles (including car trunks or truck beds).

In addition, the Virginia Department of Health recommends that:

• Children who have outgrown their rear-facing safety seats should use a forward-facing child safety seat with a 5-point harness.

• Children who have outgrown their forward-facing safety seat should wear a booster seat in the back seat until they fit the standard vehicle seat belt.

Who is Responsible for Ensuring Children Passengers Have the Appropriate Restraint Device (Child Safety Seat, Booster Seat, or Seat Belt)?

The driver providing transportation for a child is responsible for ensuring the child is in a child restraint device.

No special relationship is required to be found guilty of violating the child safety seat law. For example, parents, grandparents, friends, babysitters, and childcare workers must ensure the children they are transporting have the proper safety device.

Are Children Required to Wear Seat Belts on the School Bus in Virginia? An Exception to the Children Passenger Safety Law.

No.

Neither federal nor state law in Virginia mandates seat belts on school buses.

According to the National Highway Traffic Safety Administration (NHTSA), school buses have closely spaced, energy-absorbing seats to protect students in crashes.

In addition, the laws have focused on providing safe spaces for school buses by regulating other drivers’ acts.

For example, Virginia drivers must stop for school buses with flashing red lights and an extended stop sign.

Additional Seat Belt Law Exceptions: Which Adults are Exempt from Wearing a Safety Lap Belt and Shoulder Harness in Virginia?

The Virginia seat belt law does not apply to some drivers and passengers, such as:

• Law enforcement officers transporting persons in custody or traveling in situations that make wearing a safety belt system impractical

• Personnel driving motor vehicles to enforce parking laws and meters

• Persons who have a written statement (disability letter) from a licensed physician stating that the person’s physical condition or medical impairment makes it impractical to use a seat belt and explaining why

• Rural mail carriers for the United States Postal Service (USPS)

• Taxicab drivers and passengers

• Utility meter readers performing their job duties

• Drivers of commercial or municipal vehicles who collect or deliver goods and services and therefore frequently exit and enter the vehicle: For example, under federal law, sanitation workers (garbage collectors) and delivery drivers (UPS, FedEx, Amazon) may not have to wear safety lap belts and shoulder harnesses when doing their jobs. However, you may forfeit the right to workers compensation benefits if you get hurt while driving on the job but are not wearing a seat belt. Workers compensation laws include a willful misconduct/violation of a safety rule defense that can put the failure to wear a seat belt at issue.

Can a Law Enforcement Officer Stop My Vehicle Because I am Not Wearing a Seat Belt?

No.

Virginia falls in the minority of states with adult seat belt laws classified as secondary enforcement. Therefore, the law enforcement officer must have some other reason for stopping your automobile before citing you or a passenger for not wearing a safety lap belt or shoulder harness.

Further, if the law enforcement officer violates this part of the statute and pulls you solely because you were not wearing a seat belt, no evidence discovered or obtained during the stop is admissible at trial.

But remember, most states have primary enforcement seat belt laws for adults, meaning the police can pull you over because you are not wearing a safety lap belt. Therefore, you should read the seat belt laws of other states you travel through, even if you live in Virginia or started the trip here.

Can a Law Enforcement Officer Stop My Car Because a Child is Not in the Appropriate Child Restraint Device?

Yes.

Unlike the adult seat belt law, Virginia’s child restraint law is primary enforcement.

A police officer can stop your vehicle and ticket you for failure to have a child in the proper seat, even if you did not commit another traffic violation.

What is the Penalty for Violating Virginia’s Seat Belt Laws?

You will not face jail time, receive driver’s license demerit points, or pay court costs for violating either seat belt statute.

However, violating the adult seat belt law in Virginia is punished by a civil penalty of $25, and breaking the child passenger safety law is punished by a $50 civil penalty fine.

We Represent Car Accident Victims in Virginia

Seat belts reduce the risk of harm on the roads and save lives. 

But you can still recover compensation if you get hurt in a car accident when not wearing a seat belt. 

Call our personal injury law firm today for a free consultation to determine your right to personal injury damages resulting from another driver’s negligence. You can reach us at 804-251-1620 or 757-810-5614.

We have secured millions of dollars in cash for auto accident victims, and we want to do the same for you and your family.