NC Seat Belt Law - G.S. 20-135.2A
Common Questions

updated 05-05-08    printable pdf

Who is covered by this law?
What are the penalties for not complying with this law?
If a passenger isn't buckled up, who gets the ticket?
Are both lap and shoulder belts required?
Can't seat belts actually cause injuries?
My car doesn't have seat belts. Do I have to install them?
Our pickup truck has only three seat belts but there are four in our family. What do we do?
Are employees required to wear their belts in company cars?
What are valid medical exemptions? How do I get one?
I'm too large for my seat belt to fit around me. What should I do?
Now that I'm pregnant, should I still wear my seat belt?

Who is covered by this law?
All drivers and all occupants 16 years old and older - in the rear seat as well as the front seat - in vehicles required to be equipped with seat belts are required to be properly buckled up. All children less than age 16 are covered by the NC Child Passenger Safety Law.

All passenger cars manufactured after 1967 are required by federal regulations to have seat belts and are covered by the NC Seat Belt Law. Vans, pickup trucks and sport utility vehicles manufactured after 1971 are required to be equipped with belts and are covered by the NC Seat Belt Law. There are no exemptions for vehicles registered in other states.

Federal standards do not require safety belts, except for the driver, on large buses with Gross Vehicle Weight Ratings (GVWR) of more than 10,000 pounds. Drivers of these vehicles are required to be buckled but passengers in these vehicles are exempt from the NC Seat Belt law. Seat belts are required in all seating positions on small school buses weighing under 10,000 lbs. and passengers in these buses are not exempt by the NC Seat Belt Law.

Occupants of a motor home (as defined in N.C.G.S. 20-4.01(27)d2) other than the driver and front seat passengers are exempt from the NC Seat Belt Law. Other exemptions include occupants being transported in the backseat of law enforcement vehicles while in custody and drivers and passengers of residential garbage or recycling trucks during rounds and traveling to or from loading or unloading locations.

What are the penalties for not complying with this law?
Unrestrained drivers and front seat occupants age 16 and older are subject to a penalty of $25.00 plus $75.00 in court costs (cost of court for a seat belt violation is set at $75 through a separate budget bill rather than requiring assessment of full court costs, currently $110). Unrestrained rear seat occupants age 16 and older are subject to a penalty of $10.00 and no court costs.

If a passenger isn't buckled up, who gets the ticket?
Drivers are responsible for themselves and for all children less than age 16 in the front or back seat. All passengers ages 16 and older are responsible for themselves and would get the ticket rather than the driver.

Are both lap and shoulder belts required?
The law requires the proper use of whatever seat belt system the seating position provides. Vehicles equipped with air bags also provide lap and shoulder belts that must be worn. Some vehicles have automatic shoulder belts with lap belts that are fastened manually. These manual lap belts must be used for compliance and for maximum protection.

Can't seat belts actually cause injuries?
Yes, they can cause some injuries, especially in severe crashes. These injuries are usually limited to bruises and cracked collar bones and ribs - very minor injuries when compared to what often happens without the seat belt. It is important that belts be worn correctly to reduce the chance that they might injure you.

Lap belts should be worn as low and snug as possible on the hips since belts that are worn high on the stomach can cause injuries.

Shoulder belts must also be worn snugly across the shoulder and chest. Never wear a shoulder belt with more than about a half an inch of space between your chest and the belt. Too much slack will allow your head to go too far forward in a crash. If the shoulder belt rubs against your neck and is uncomfortable, try adjusting your sitting position or the position of the vehicle seat to get a proper fit. Cloth comfort sleeves can be placed on the shoulder belt to make it more comfortable.

Do not place the shoulder belt behind your back or under your arm. With the shoulder belt behind the back, your head will be thrown forward to strike the dashboard, windshield, or the air bag. As with the belts behind the back, shoulder belts under the arm do not hold your head back away from danger. In addition, the belt under the arm can fracture ribs and cause serious internal injuries .

My car doesn't have seat belts. Do I have to install them?
Cars manufactured after 1967 and vans, pickup trucks and sport utility vehicles manufactured after 1971 are required by federal standards to have belts. Belts must be installed in these vehicles if the original seat belts have been removed. Vehicles brought in from other countries must be upgraded to conform with applicable federal motor vehicle standards. This means that passenger vehicles, light trucks and vans brought in from other countries must be fitted with belts if they were manufactured after the above dates.

Our pickup truck has only three seat belts but there are four in our family. What do we do?
The bottom line is that there is no safe way to carry more people than you have belts to accommodate. If room allows, extra belts can be installed to protect more people. The Child Passenger Safety Law allows children to be left unbuckled if all belted seating positions are occupied. As far as the Seat Belt Law is concerned, if you have four people age sixteen or older and three belts, the fourth person is in violation of the law. You also have the hard decision of who you are going to leave unprotected.

Are employees required to wear their belts in company cars?
In most cases, yes. Unless the vehicle in question has a "farm" license plate and it is being used for agricultural purposes in intrastate commerce or is a delivery vehicle making frequent stops and not exceeding 20 mph or is being used by a rural mail or newspaper carrier, it is covered under the Seat belt law. In addition, many employers have seat belt use policies for their vehicles and employees that are stricter than state law.

What are valid medical exemptions? How do I get one?
The North Carolina Medical Society's Executive Council, by recommendation from the Committee on Traffic Safety, has stated that "medical exemptions to the state's seat belt law be granted only in extraordinary cases of medical necessity..." If a physician decides that a patient has an "extraordinary case of medical necessity" preventing his or her wearing a seat belt, then a letter from the physician stating this situation and carried by the patient is needed.

I'm too large for my seat belt to fit around me. What should I do?
Seat belt extenders are available for most domestic vehicles for a small fee. These extenders are 10 inch lengths of webbing with buckles on both ends to fit onto the belts already in the vehicles. Take the information on the seat belt label along with your vehicle to the parts department of your local dealer. Extenders are not interchangeable so go to the dealer for your particular vehicle. If you have any trouble getting service from the dealer, try another dealer or call the customer assistance number listed in your owner's manual. Check your owner's manual for an explanation of these belt systems.

Now that I'm pregnant, should I still wear my seat belt?
Yes, especially now. The greatest threat to the unborn child is death or serious injury to the mother, and a seat belt will help insure your survival in the event of a crash. When possible, both the lap and shoulder belt should be worn with the lap portion low and snug on the hips beneath the baby and the shoulder belt snug and above the baby.
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