National Highway Traffic Safety Administration (NHTSA) reports that seat belts prevented 329,715 car accident deaths between 1950 and 2012. That’s more than airbags and other driving technologies combined. Seat belts also reduced severe and moderate injuries to front-seat passengers by 50%.
Most people wear their seat belts. In 2022, 91.6% of vehicle occupants did. In that year, 49.8% of all traffic deaths were people not wearing seat belts at the time of the collision.
It’s clear. Seat belts save lives.
That’s why 49 of 50 states, including Texas, have seat belt laws for adults. When seat belt laws aren’t followed, the consequences can be deadly.
To speak to a car accident attorney in Houston, and to learn more about seat belt laws, give us a call today.
Overview of Texas Seat Belt Laws
The Texas seat belt law is Texas Transportation Code § 545.413. In Texas, everyone in the vehicle must wear a seat belt. There are a few exceptions.
Who do Texas seat belt laws apply to?
Everyone. Everyone must wear a seat belt, whether in the front or back, a driver or passenger, or an adult or child. Children must also use the appropriate car seat.
Who is responsible
It depends on age. A person aged 15+ may be personally liable for not wearing a seat belt. An adult who allows someone under 17 years old to ride without a seat belt may be liable for the other person.
When does the law apply
Vehicle operation. The Texas seat belt law applies when the vehicle is operated.
March 2025 legislative update to Texas seat belt laws
Texas Senate Bill 546 would mandate Texas school buses to be retrofitted with seat belts. Current legislation, passed in 2017, requires new school buses to have seat belts. After a crash claimed the life of a five-year-old boy who was in a school bus without seat belts, lawmakers hope to expand the law to require retrofitting of school buses with seat belts.
Texas Seat Belt Requirements by Age & Vehicle Type
Adults
Texas seat belt laws apply to all adults if the seat is equipped with a seat belt. It is not an excuse that the seat belt is not working or that it has been removed. There are some exceptions for specific situations.
Children
Children must be properly restrained in seat belts and the appropriate car seat for their age and size.
Commercial vehicles
The Texas seat belt law applies to passenger vehicles. Texas Transportation Code § 545.412 defines a passenger vehicle as a vehicle designed to transport 15 or fewer people. The Texas seat belt law does not apply to commercial vehicles capable of transporting 16+ people.
Rideshare services
Texas seat belt laws apply to rideshare services like Uber and Lyft.
Fines and Penalties for Not Wearing a Seat Belt in Texas
| Offender | Fine |
| Age 15-17 | $25-$50 |
| Age 17+ | $100-$200 |
| Adult responsible for a child | $100-$200 |
| Child car seat violation | $25-$250 |
| Bus driver | $25-50 |
An offense is a misdemeanor, like most Texas traffic violations. A child car seat violation may be issued in addition to a seat belt violation.
Insurance Penalties
A seat belt offense may impact your insurance rates. When setting rates, insurance companies assess driver risk. A seat belt violation may increase your rates, and it may be taken into consideration along with other driving offenses and risk factors.
Texas Child Seat & Booster Seat Laws
In addition to seat belt laws that apply to all ages, Texas also has child seat laws, applying to children under the age of eight.
- The law does not apply if the child is over 4’9” tall.
- The child seat law applies to passenger vehicles and not commercial vehicles.
- There are different models and sizes of car seats, depending on the child’s size and weight.
- The back seat is always best for children.
- Although a car seat or booster is not required after age eight, a child is best protected by the appropriate restraint system until they are 4’9” tall.
Texas Seat Belt Law Exemptions: Who Is Not Required To Wear One?
People who are exempt from Texas seat belt laws include:
- Medical exemption, with a physician’s certificate
- Postal workers
- Newspaper delivery
- Meter readers
- Farm vehicles (under certain weights)
- Garbage, waste, and sanitation services
Do Texas seat belt laws apply to delivery drivers like FedEx and UPS?
Probably, yes. The Texas seat belt law applies to light trucks.
How to get a medical exemption to the Texas seat belt law
To get a medical exemption from the Texas seat belt law, talk to your doctor or the physician providing care for your medical condition. If they agree, they’ll write a statement exempting you from wearing a seatbelt. The person writing the statement must be a licensed physician.
Examples of conditions that may be appropriate for an exemption are:
- Pregnancy
- Scars, deformity
- Pacemakers
- Intestine/colon removal
- Large body size
Whether you qualify for an exception is up to the doctor writing the statement.
Even if you don’t have the physician’s statement when you get a seat belt ticket, Texas law allows you to submit one after the fact. You have up to 10 days after the date of the ticket to submit a medical exemption to the court. It’s okay if the medical exemption is written after the ticket is issued.
Can You Get Pulled Over for Not Wearing a Seat Belt in Texas?
Yes, you can get pulled over for not wearing a seat belt in Texas. Texas is a primary enforcement state for seat belts. That means law enforcement can pull you over and issue a citation, even if they don’t observe any other violations.
Most U.S. states are primary enforcement when it comes to seat belt laws. For states that are secondary enforcement, law enforcement is restricted in their enforcement. Typically, they must observe another violation to stop the vehicle.
Seat Belt Safety Statistics in Texas
- Ninety percent of people in Texas wear their seat belts.
- In 2023, 1,183 people who were not wearing seat belts were killed on Texas roads.
- Forty-nine percent of Texas car accident fatalities are people not wearing seat belts.
- Men account for 73.4% of unrestrained traffic fatalities despite roughly equal driving amounts among genders.
- People ages 25 to 34 are the most likely to be hurt or killed not wearing a seat belt.
- The Texas Highway Patrol issued 1,277 seat belt and child seat violations during its week-long Operation CARE enforcement effort in 2024.
What To Do If You’re Ticketed for a Seat Belt Violation
If you’re ticketed for a seat belt violation, you may contest it. Defenses may include the following:
- You were wearing a seat belt; the officer’s observations were incorrect
- A medical condition, with proper documentation, exempts you from wearing a seat belt
- Law enforcement did not have probable cause to stop your vehicle
- The vehicle was not a passenger vehicle and is not subject to the law
- You are under the age 15 and not personally liable
- You were issued a ticket for someone 17 or older who is responsible for themselves
- The seat was not equipped with a seat belt and not required to have one
- The vehicle was not in operation
- You fall under a listed exception, such as a farm vehicle or newspaper delivery
Frequently Asked Questions About Texas Seat Belt Laws
Do backseat passengers need to wear a seat belt in Texas?
Yes. Texas seat belt laws apply to passengers in any seat in a vehicle.
Who receives the ticket for not wearing a seat belt in Texas?
If the person is 17 years old or older, they receive the ticket for not wearing a seat belt in Texas. If the person is 15 to 17, both the person and the driver can receive the ticket. If the person is under 15, the driver receives the ticket.
Is it illegal to have six passengers in a five-passenger car in Texas?
Yes. Having too many people in a passenger car in Texas is a seat belt violation. You may also be ticketed if a passenger interferes with the driver’s view or operation of the vehicle.
Does a seat belt ticket go on your record in Texas?
Yes. A seat belt ticket is a misdemeanor that goes on both your driving record and your criminal record in Texas.
Can a seat belt violation affect your car accident claim?
Yes. In Texas, a seat belt violation can reduce the compensation that you receive for a car accident, even if you are not at fault (Nabors Well Services Ltd. V. Romero, 456 S.W.3d 553 (Tex. 2015)).
Can you have a lawyer represent you for a seat belt ticket in Texas?
Yes. Contact Haun Mena to talk to a lawyer about your case.
