By law, the requirement to wear a seat belt in the back seat varies by jurisdiction, but generally:
- In the United States, seat belt laws differ by state. As of recent data, 42 states, the District of Columbia, and two territories have laws enforcing rear seat belt use. Among these, 18 states, D.C., and two territories have primary enforcement for all occupants, meaning passengers in the back seat must wear seat belts and can be ticketed solely for not doing so. Some states have secondary enforcement for rear seat belts, where a ticket can only be issued if the driver is stopped for another offense. However, 8 states do not have laws requiring rear seat belt use for adults. Children are often covered by separate child passenger safety laws. New Hampshire is the only state without any adult seat belt law for any seat, though it has a child safety law
- In North Carolina, for example, all drivers and passengers age 16 and older must wear seat belts in both front and back seats, with children under 16 covered by child passenger safety laws
- In the United Kingdom, it has been compulsory since 1991 for all passengers, including those in the back seat, to wear seat belts if the vehicle is fitted with them. Children must use appropriate child restraints depending on age and size. Adults and children aged 14 and over must wear seat belts in the back seat if fitted. The responsibility for ensuring children are properly restrained lies with the driver, while adult passengers are responsible for their own seat belt use
In summary, who is required by law to wear a seat belt in the back seat depends on local laws, but typically:
- Adults and children above a certain age or size must wear seat belts if the vehicle is equipped with them.
- Children often have specific requirements for child restraints.
- Enforcement can be primary or secondary, affecting how strictly the laws are applied.
Always check the specific seat belt laws of the state or country you are in to know the exact requirements.
