Since the birth of automobiles over a century ago, they have evolved to become as safe as possible for the occupants. Some cars that revolutionized automotive safety came with features like airbags, anti-lock braking system, and the more modern autonomous driving. But if there’s one car safety feature that makes the most difference, it’s the seat belt.
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Seat belts save lives during collisions. Rather than flying out of your seat and crashing into obstructions, you’ll be safely held into place by your seat belt. In fact, the National Highway Traffic Safety Administration says, wearing seat belts in the front seat can cut your chances of getting fatally injured by about 45%, and your chance of being less severely hurt by 50%. That’s why most states in the U.S. enforce seat belt laws for both children and adults.
However, one state allows the non-use of seat belts for adults. Here’s a hint: Live Free or Die.
New Hampshire’s unique law on seat belt use, explained
In New Hampshire, only minors are legally required to buckle up. According to New Hampshire law, drivers and passengers who are 17 and below should wear a seat belt, and if the passengers are under 7, drivers are required to install a car seat (it must be rear-facing for age 2 and under), except for when the passengers are at least 57 inches tall. The penalties for violation of this law include a $50 fine for a first offense and $100 fine for repeat offenses.
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There are, however, exceptions to the provision, such as vehicles for paying passengers, a school bus over 10,000 pounds, and a school bus under 10,000 pounds with no manufacturer-installed safety belts. Motorcycles, farm tractors, and vehicles from 1967 or earlier are also exempted. And if you’re in an authorized parade moving at most 10 mph, you’re not required to use seat belts.
But as long as you’re 18 or older, you can drive or ride in a motor vehicle in New Hampshire without wearing a seat belt. However, that doesn’t mean every single adult in the Granite State isn’t buckled up. Many still do for safety reasons, and there are advocacy campaigns about seat belt use, including by the Buckle Up New Hampshire Coalition and the New Hampshire State Police.
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The push for amendment of the law
There have been numerous attempts to change New Hampshire’s seat belt law in the last 35 years, the most recent coming in 2023. That’s when House Bill 222, sponsored by five representatives and a senator, aimed to require seat belts for all ages, with exceptions, such as on-duty postal-service employees and newspaper delivery people, or taxi-cab passengers. It would have been a secondary offense, meaning you’d have needed to be pulled over for another violation before police officers could enforce the seat belt law.
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But the New Hampshire House killed the 2023 bill by a vote of 206 to 162, with one representative saying it would have violated the state Constitution’s guarantee that residents could “live free from governmental intrusion.” Many residents share the same sentiment, saying a seat belt law would infringe on personal freedom and noting that New Hampshire’s state motto tells its people, “Live Free or Die.”
“I’ve been in New Hampshire for 56 out of 60 years,” Roger Richard, of Nottingham, told WMUR. “I was in the Army for four years, defending our liberty, our New Hampshire way of life. I don’t want to give it up. If you want to wear a seat belt, please do it. Don’t make me.”
In 2024, the only seat belt bill filed in New Hampshire would have added several specifics about the types of restraint system to use to the current seat belt law for minors. It, too, died in the House.
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New Hampshire’s seat belt law versus other states
New Hampshire is unique in the U.S. for legally letting adults ride without a seat belt. Two territories, 35 states and the District of Columbia enforce seat belts for front seat passengers as a primary offense. This means if law enforcement sees you’re not wearing one while driving or riding shotgun, you can be pulled over and fined. And 14 other states classify this as a secondary offense, meaning officers can fine you after they’ve already pulled you over for a different violation. There’s also either primary or secondary enforcement for back seat passengers in 41 states.
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With New Hampshire’s attitude toward adult seat belt use, it’s unsurprising that significantly fewer residents than the national average use their seat belts. According to the National Highway Traffic Safety Administrationthe seat belt use rate across the country in 2023 was almost 92%, with Hawaii leading the way at 98.4%. In comparison, New Hampshire sat at only 77.9% (though this was the highest rate New Hampshire has ever seen, in records going back to 2006). The state’s rate was slightly higher than Nebraska’s 77.3% and Virginia’s 73.2%.
The cost of leaving the seat belt off
New Hampshire’s lack of seat belt policies for adults translates to a higher rate of fatalities in car accidents. From the records of the nonprofit safety organization National Safety Council68% of car crash deaths in New Hampshire in 2022 involved people who weren’t buckled up. (Over the 12 years from 2010 to 2022, the state’s highest rate was 80% in 2011 and the lowest was 62% in 2013.)
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On the other hand, in the neighboring state of Maine where it’s a primary offense if not everyone in the car is wearing seat belts, only 53% of people who died in car crashes in 2022 weren’t buckled in. Maine’s rate reached a high of 60% in 2012 and a low of 37% in 2010.
Lower rates appear to be the general rule even for secondary-offense states like South Dakota, which had a 60% rate in 2022, a peak of 74% in 2016 and just 55% in 2019. Despite the solid data showing how seat belts save lives, though, New Hampshire lawmakers don’t seem keen on changing the way things are anytime soon.
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