Seat Belts
Can I get a ticket for not wearing a seat belt?
Seat belt laws are on the books in all states except New Hampshire. However, only 26 states, the District of Columbia and Puerto Rico have primary enforcement laws, which allow law enforcement officers to stop a car for non-compliance with seat belt laws. In the 23 states with secondary enforcement laws, drivers and passengers may be ticketed when stopped for another traffic violation if they are not properly buckled up. One state, New Hampshire, has no seat belt law for occupants over age 18.

Colorado has a secondary enforcement law for those 16-years and older that allows officers to ticket you for not wearing a seat belt only if you are stopped while violating other traffic safety laws as well. Colorado’s secondary seat belt law went into effect July 1, 1987. As of August 5, 2008 the fine for not wearing a seatbelt is $71 for persons 16-years and older. For children ages 4-15 primary enforcement laws apply and the fine for not buckling up or properly restraining a child is $81. The Colorado Department of Transportation reports that the 2008 observed seat belt usage rate in Colorado was 81.7%. During 2007, 46% of people killed in Colorado car crashes were not wearing seatbelts.

Nationally, observed seat belt usage was at 83% in 2008.

Do seat belts really prevent injury or save lives?
Yes. seat belts saved an estimated15,383 lives in 2006 and are effective in protecting occupants from being ejected from vehicles—one of the biggest contributors to severe injuries and death, according to the National Highway Traffic Safety Administration (NHTSA).

Does seat belt use go up in states that have primary seat belt laws?
The seat belt usage rate is generally higher in states that have and enforce primary laws. seat belt use reached an all time high of 83% as of 2008 according to the National Highway Traffic Safety Administration. States with primary enforcement have higher usage rates, averaging 88%, while states with secondary laws are at 75%. In Canada, which has a national primary seat belt law, the usage rate is 92%. The seat belt usage rate in Colorado is 81.7% and in Wyoming it is 72% - well below the national average, while New Mexico has an estimated usage rate of 92% with its primary law on the books.

The National Highway Traffic Safety Administration (NHTSA) compared the percentage of unrestrained passenger vehicle occupant fatalities with overall crash fatalities in each state for the years 2000-2004. In states with primary laws on the books not only were fewer people killed unrestrained, but also the states' overall vehicle crash fatality rates were lower. In states with primary enforcement laws rates were 10.69 per 100,000 people. In states without primary enforcement, the fatality rate was 13.13 per 100,000 people. NHTSA estimates 270 lives are saved for every percent increase in seatbelt usage nationally.



Air Bags
Do air bags really save lives?
In 2006, the National Highway Traffic Safety Administration estimates air bags saved 2,796 lives. They are most effective in combination with seat belt use.

I’ve heard so many conflicting reports. Are my air bags safe?
Virtually all new cars have air bags and they're saving lives. They're reducing driver deaths by about 14% and passenger bags reduce deaths by about 11%.

People who use seat belts may think they don't need air bags. But they do. air bags and lap/shoulder belts work together as a system, and one without the other isn't as effective. Deaths are 12% lower among belted drivers and 9 % lower among belted passengers. But there also are problems with air bags. Inflating bags have caused some serious injuries and deaths.

How do I avoid injuries caused by air bags?
Serious inflation injuries occur primarily because of people's positions when air bags first begin inflating. Anyone, regardless of size or age, who's on top of, or very close to, an air bag is at risk. Most air bag deaths have involved people who weren't using belts, were using them incorrectly, or were positioned improperly.

People not using their seat belts or using them incorrectly, especially passengers, are at risk because they're likely to move forward during hard braking or other violent maneuvers before crashes. Then they're likely to be very close to, or on top of, air bags before inflation begins. Improperly positioned people at risk include drivers who sit very close to the steering wheel - 10 inches or closer - and infants in rear-facing restraints in front seats.

Understanding that air bag injury risk is related to position leads to a few simple steps that can eliminate the risks without sacrificing air bag benefits.

Does my height or the fact that I’m a woman put me at greater risk of air bag injury?
It isn't your size, gender, or age that determines risk. It's position in relation to an air bag. Most adults can virtually eliminate the risk by buckling up. Neither short women nor elderly drivers are especially vulnerable if they use safety belts and sit at least 10 inches from the steering wheel.

Should I consider an on/off switch for my air bag(s)?
The federal government has set criteria for the very few cases when air bag on/off switches may be needed to avoid injury. However, getting a driver air bag switch makes sense when one cannot comfortably drive while sitting back and away from the steering wheel. One may also wish to get permission for a switch based on medical need (i.e. a pregnant woman who cannot get her abdomen away from the steering wheel).



What about my child?
According to the Colorado State Patrol and the Colorado Department of Transportation, from 2003 to 2007, 115 Colorado children ages 0-14 died in traffic crashes. Of the victims, 63%, were not using the required seat belt or child safety seat, or were improperly restrained. 70% of 8-14 year olds killed were not wearing seatbelts. NHTSA says that in 2005 the lives of an estimated 420 children under the age of five were saved by restraints.

Where should kids sit?
Don't put a rear-facing restraint in the front seat. Starting with the first trip home from the hospital, put an infant in the center back seat. Make sure the rear facing restraint is tightly secured to the vehicle with an adult safety belt and the baby is buckled snugly in.

The back seat is the safest place. However, if your vehicle does not have a back seat, then an on/off switch for the front passenger air bag is essential. Even without air bags, kids riding in back are much less likely to be killed. Today, riding in back is even more important because it keeps children away from inflating air bags.

How should I buckle up my kids, as they get older?
When babies outgrow their rear-facing restraints, they should graduate to forward-facing ones or booster seats attached to a vehicle's back seat with an adult safety belt. As kids later graduate to adult belts, proper restraint use still is essential. Don't put the shoulder portion of a belt behind a child or under the arm. A lap belt should be positioned so it's low and snug across a child's hips, not up over the abdomen.

Older kids should continue riding in a back seat. Only if there are too many children to put them all in back should a child be allowed to ride up front. Then make sure the seat is all the way back and the child is securely buckled and sitting back in the seat. Leaning forward to, for example, fiddle with radio dials can put a child at risk. If you worry about keeping a child sitting back, you may wish to consider getting an on/off switch for the passenger air bag.

What about Colorado's child passenger safety law?
Colorado's child passenger safety law includes both secondary and primary enforcement. The booster seat portion is secondary, meaning a driver must be pulled over for another traffic violation. The infant seat, child safety seat and seat belt provisions of the law are primary enforcement, meaning the driver can be stopped and ticketed if an officer sees an unrestrained or improperly restrained child under age 15 in the vehicle.

Drivers stopped for another offense and that have a child in the vehicle who should be in a booster seat will receive a citation. See www.carseatscolorado.com or call 1-877-LUV-TOTS for more information.

How the law works: