Understanding Seat Belt Laws In Arizona: Safety and Legal Implications

An Overview Of Seat Belt Laws In Arizona

As part of Arizona’s focus on public safety, the law requires drivers and passengers to wear seat belts. Arizona Revised Statute (A.R.S. § 28-907) explains that it is mandatory for each operator and all passengers of a motor vehicle to be restrained by a seat belt. This requirement includes all drivers and all passengers in the front and back seats regardless of age, weight or seating position. Arizona includes an exception for certain commercial vehicles, taxis and buses, in which all operators and passengers are not required to wear a seatbelt , however, it is "recommended". Arizona amended the statute in August of 2018. Prior to the amendment, only those up to age 16 were required to be wearing a seat belt. Now, all ages are required to be buckled up in the vehicle, but the statute lists a few exceptions, such as:
The Arizona Seat Belt Law extends to all automobiles, trucks, vans, buses, motorcycles, trucks, tractors, trailers, etc. The law states that all persons driving or riding in a vehicle must be restrained by a properly adjusted seatbelt.

Penalties For Not Wearing A Seatbelt

In Arizona, the penalties for not complying with seat belt laws can vary depending on a number of factors, such as the age of the person in violation of the law or the nature of the infraction. For instance, the use of seat belts is mandatory for drivers and passengers over the age of 16. However, the Arizona Department of Public Safety clarifies that children under the age of 16 who are in the custody of the adults in violation of the law are also subject to seat belt laws regardless of who was driving. The consequences for violating seat belt laws can include fines, which vary by county, as well as court assessments in addition to any penalties associated with the ticket. In some cities and counties, violators may face community service in lieu of a fine.
For adult passengers over the age of 16 who violate the mandatory seat belt law in the state of Arizona the penalty can include a Class 2 Misdemeanor. A Class 2 Misdemeanor is not outcome detrimental considering that the maximum term of imprisonment may not exceed four months but a conviction can include a possible minimum of 15 days in jail, fines up to $750 and other legal fees in addition to the court costs. Conviction can also result in probation that may be accompanied by community service. In 2019, HB 2247 was introduced in an effort to make the penalty for failing to wear a seat belt a moving violation as opposed to a criminal offense. Unfortunately, this bill did not pass so the law remains a Class 2 Misdemeanor.
In contrast, the penalty for child-related seat belt law violations is quite different based on the age of the driver at the time of the infraction. For example, if a driver who is at least 16-years-old gets caught in a seat belt-related infraction such as failing to restrain a child under five years old in a proper child restraint device the penalty is a petty offense and cannot carry a jail sentence. The fine for such an offense is currently $50 with an additional $10 penalty assessment paid to the school. For such an offense, the driver may also be required to attend a fitting safety seat program. However, if the driver is considered an adult and is less than 16 years old, the penalty becomes a Class 2 Misdemeanor.
Regardless of the penalties imposed for violating the statewide seat belt law, all violators are subject to points being added to their driving record. For infractions related to children, violators can receive two penalty points while an adult passenger may receive a point or two depending on the circumstances. The bottom line here is that seat belt law violations can have damaging outcomes and should be avoided at all costs.

How Seat Belts Affect The Road-Ways

Since the seat belt laws were passed in Arizona in 1986 and 1992, there have been radical improvements in the safety of our roads. Today statistics show that seat belts reduce the chance of death by 40-60%. In 1999, the time of seat belt legislation, there were 57,628 crashes with 19,248 injuries among operators and passengers. By 2016, the numbers had decreased to 57, 103 crashes and 11,328 injuries.
Research shows that 65% of all drivers involved in fatal crashes are not wearing seat belts. And although the seat belt law passed 30 years ago, 13% of Arizonans still do not wear their seat belts. One of the reasons for the high rate of serious injury and death is that Colorado averages 37 injured per crash, while Arizona has 58 injured per crash.
Nevertheless, the effort continues. Arizona Governor Doug Ducey recently signed three bills into law that are aimed at increasing the use of seat belts and decreasing driver distraction.

Exemptions And Special Cases Of Seat Belt Laws

While the law mandates the use of seat belts, there are certain exemptions that apply under specific circumstances. These exemptions take into account rare medical conditions as well as special types of vehicles such as delivery trucks, farm equipment and buses. As seat belt laws continue to evolve across many states , it is important to understand these exemptions in the event that you face a ticket for not wearing your seat belt.
Arizona Revised Statute § 28-909 C lists the exemptions that apply to the use of seat belts.
Exceptions to wearing seat belts; rules
A. A person who is prevented from wearing a seat belt by a medical condition may apply to the department for an exemption from the requirement of wearing a seat belt. The department shall determine whether the medical condition is a basis for granting an exemption. Our comment: This applies to any seat in any car if the driver or passenger can demonstrate that the seat belt interferes with their medical condition. Doctor’s verification of the specific needed exemption is required. The essential concept is that the seat belt has to acutely aggravate the existing condition as opposed to simply being uncomfortable or distracting.
B. This section does not apply to:

Persons in buses.
Persons within the confines of farm equipment.
Persons in trucks that are registered under section 28-216 in a gross weight of less than sixteen thousand pounds or who are members of a commercial passenger-carrying compact under section 41-1722.
When all seat belts in the motor vehicle are in use and restraining the person. This does not exempt a person from wearing a safety belt if the seat belt is being used to restrain more than one person.
When a vehicle is not equipped with seat belts specifically required by federal law for vehicles of that type.
When the person is a rural mail carrier or newspaper carrier in the performance of the person’s duties.
Persons operating a motorcycle or this state police motorcycle unit members who have successfully completed a motorcycle driving course approved by the department.
Persons who are passengers in a bus or van transporting agricultural workers or that is owned by an employer or agricultural association and is manufactured in the year 1973 or after.

C. The seat belt requirements of this section do not apply to a person who is securing an infant or child in an approved child restraint system as prescribed in section 28-907.
D. The seat belt requirements of this section do not apply to a person who is determining the extent of the injuries of, or rendering emergency medical assistance to, a person involved in an accident.
E. An officer or a court shall not dismiss a charge under this section if the driver produces evidence of a security system certified by the state compliance review board as meeting the requirements of section 28-947 1.

Do Arizona Seat Belt Laws Reflect Those In Other States?

Arizona is not alone in requiring seat belt use, but its specific laws and enforcement mechanisms are somewhat unique in comparison to neighboring states. In California, the neighboring state with the most closely aligned on-road populations and insurance companies, seat belt laws are very similar to those in Arizona: primary enforcement, a fine of $20 for the first citation and $50 for subsequent citations, and no reduction of the fine for compliance at the time of a traffic stop.
The New Mexico Traffic Safety Bureau has also highlighted the risk of seat belt non-compliance among young adults—though it doesn’t mention secondary enforcement—or the lack of safety precautions among seniors. Its statistics were meant to bolster support for enacting primary enforcement in the state, whereas Arizona has had primary enforcement since the law was first passed in 1986, underscoring the fact that Arizona seat belt laws are among the most rigorous in the country.
In addition to having the most stringent enforcement laws, Arizona is also among the most permissive in allowing local law enforcement to ticket those who fail to wear a seat belt. According to the National Conference of State Legislatures, only nine other states have allowed local law enforcement to ticket those who aren’t compliant with seat belt laws as a matter of local ordinance. This runs counter to local efforts to increase safety belt awareness and compliance; individual municipalities and counties can pass laws that make wearing a safety belt a matter of their local ordinance, but statewide compliance deadlines and the like create barriers to enforcement that would be difficult to overcome even in the absence of a statutory stronghold like the one in Arizona.

Complying With Seat Belt Laws

To make certain that you and your passengers are in compliance with Arizona’s seat belt laws, there are a few common-sense tips to keep in mind. All occupants in your vehicle should wear their seat belts at all times, whether you’re on the highway or just driving around town. If you are required to drive a company vehicle, be sure that the vehicle has all proper equipment and is in compliance with state law. Set an example for your kids, who are likely the next generation of future drivers. Show them how to properly install their seat belts and wear them, and set the example by having all your passengers wear theirs, as well. The same goes for any other passengers in your vehicle. Likewise , if you are taking children with you, make sure that if they are under 8 years old or less than 4 feet 9 inches tall, their car seats and booster seats are properly installed to meet state law requirements. For children 16 and under, they must have a seat belt on and be using it properly. Choose a seat belt extender if you are a larger driver and it’s difficult to buckle up in the front. If you are ever in an accident and do not have your seat belt on, you will have little recourse if you sustain a personal injury, especially if your actions are ever called into question. Do the right thing so that you’re not compromising your safety or the safety of anyone else in your vehicle.