Three Things about NC’s Seat Belt Law You May Not Know

Published for NC Criminal Law on September 14, 2016.

State law has mandated seat belt use by North Carolina motorists for more than thirty years. The seat belt law has, however, changed a bit over time. As a result, not everyone is clear on who is covered, what is required, and what the penalties are for violations. This post covers the particulars of North Carolina’s seat belt requirements and addresses three common areas of confusion. 1. Everyone in the car must buckle up. G.S. 20-135.2A(a) requires that each occupant of a motor vehicle manufactured with seat belts have a seatbelt properly fastened about his or her body when the vehicle is in forward motion on a street or highway. When it was first enacted, G.S. 20-135.2A (1985) only required seat belt use by drivers and front seat passengers. Ten years ago, the General Assembly amended the law to require that everyone in the vehicle, including rear seat passengers, buckle up. A separate statute, G.S. 20-137.1, requires that drivers with passengers who are under 16 years of age have such passengers secured in a child passenger restraint system or seat belt. A handful of exceptions to the seat-belts-for-all-occupants requirement are listed in G.S. 20-135.2A(c).They apply to the following persons and motor vehicles: Drivers or occupants of noncommercial motor vehicles with medical or physical conditions that prevent seat belt restraint; Rural letter carriers; Newspaper delivery persons while delivering newspapers; Drivers and passengers who frequently stop and leave their vehicles or deliver property from their vehicles if the vehicle’s speed between stops is 20 [...]