Chapter 6: Selected Insurance Laws
Ohio's Safetly Belt Law
 

Ohio's safety belt law was enacted in March, 1986 and revised in November, 1992. The law requires front-seat passengers of cars, vans, pickup and delivery trucks, taxicabs, commercial trucks and tractor-trailers, and buses with safety belts installed to wear them when these vehicles are driven on public roadways.

Drivers who violate the law are fined $25, while front-seat passengers are fined $15. Funds generated from the fines are partially directed to Ohio Department of Public Safety (ODPS) programs that increase public awareness to help Ohio reach a 70% safety belt usage rate.

Exempt from compliance are children already covered by the child safety seat law; persons with medically-certified physical impairments; persons operating vehicles to deliver the mail or newspapers for home delivery; and persons in vehicles manufactured prior to 1966.

Currently, law enforcement officials are prohibited from stopping a vehicle solely to enforce Ohio's safety belt law. Citations can only be issued as a secondary action to another suspected offense. A violation of this law does not result in the assessment of points to an individual's driving record.

Evidence regarding the proper use of safety belts is admissible against certain parties in a claim for damages for the injury or death of the occupant of the vehicle.

Safety belt use in Ohio

Ohio's safety belt usage rate in 1999 was 64.8%, significantly higher than 1998's rate of 60.6%, yet still lower than the 1997 figure of 65.2%. This is partially due to new methodology that included tracking occupants of pickup trucks in order to comply with National Highway Traffic Safety Administration Guidelines. Ohio's rate was 43.5% in 1986, the year the law was introduced.

National estimates place the country's usage rate at 69%.

The move for primary enforcement in Ohio

Legislation was introduced in 1999 that would make the failure to wear seat belts a primary traffic offense in Ohio. This means that law enforcement officers could stop vehicles any time they observed unbuckled drivers or passengers. At publication date, HB 290 (Peterson) had been voted out of Committee, with two amendments being introduced. The first would require insurers not to raise rates based on tickets issued for not wearing safety belts. The other calls for a six-month "grace period" after the bill becomes law allowing law enforcement officers to issue "warnings" instead of citations during this period.

On average, safety belt usage is higher in the 17 states with primary enforcement laws. ODPS suggests a change to primary enforcement could increase Ohio's safety belt usage up to 15%.

Ohio Safety Belt Usage Rates-1989-1999

Note: For passenger cars, minivans and SUVs. Pickups included in usage rates beginning in 1998.
Source: Ohio Department of Public Safety