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I’ll admit I can at least empathize with some less-than-safe driving choices. I can see why motorcyclists want to feel the wind in their hair, even though I always wear a helmet. I get why field hands would rather catch a ride home in the bed of a farm truck than walk. But I just can’t understand why folks hop into a vehicle with working seatbelts and decide not to buckle up. That said, there are 16 states where police can’t legally pull you over for forgetting the belt–assuming you’re above a certain age.

There’s only one state left that has no law against adults driving around without a seat belt. That’s the “Live Free or Die” state, New Hampshire.

In 34 states, Washington D.C., and the all the U.S. territories, it’s a “primary traffic violation” for anyone to drive around without a seatbelt on. What does that even mean? It means that like speeding or running a stop sign, if police see it they can pull you over on the spot.

Every state has its own list of primary and secondary traffic violations. In many states, violations such as window tint too dark or something hanging from your rearview mirror are considered “secondary traffic violations.” If police pull you over for something else, they can ticket you for the secondary violation too. But they can’t pull you over for a secondary violation.

In eight states, it’s illegal for anyone to drive without a seatbelt. But doing so is a secondary violation, so you can’t be pulled over for it. These states are Nevada, Arizona, Montana, Wyoming, South Dakota, Nebraska, Ohio, and Massachusetts.

Seven more states have a more nuanced law. In these states, it’s a secondary traffic violation for an adult to ride around without a seatbelt. But if police spot a minor under a certain age–either a driver or passenger–without a seatbelt, they can treat it as a primary offense and pull the car over. These states are Idaho, Colorado, North Dakota, Missouri, Virginia, Pennsylvania, and Vermont. The age cutoff varies by state.

So even though there’s only one state where an adult can legally drive around without a seatbelt on, there are sixteen states where an adult won’t get pulled over for that traffic violation alone.

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Staff Writer

Henry Cesari

Henry Cesari joined MotorBiscuit in 2021 and brings his deep interest in vintage cars, trucks, and motorcycles to the site. Having restored his first classic car at just 16 years old, Henry has wrenched on everything from overland campers to Japanese motorcycles and even pre-war Bugattis. Henry is also an avid attendee at local car shows and genuinely enjoys connecting with fellow auto enthusiasts.

Henry earned a Bachelor’s in Anthropology and English from the University of Vermont. He has since incorporated his love of the written word with his admiration of classic cars. While Henry is interested in vintage cars, he believes the golden age of cars is yet to come. He is confident journalists will play an important role in this revolution by exposing the industry as it is now and envisioning its possible future.