Under the California Vehicle Code section 27315, all passengers eight years of age and older are required by California law to wear a seat belt, no matter where they are seated in the vehicle. Children under the age of eight must be properly restrained with a federally-approved car restraint system in the rear seat of the vehicle.

Here are a few things to note about seat belts in California:

Purpose: Sometimes referred to as “safety belts”, seat belts are meant to protect driver’s and car passengers, especially in the event of a car accident.

Driver’s responsibility: It is the responsibility of the driver to ensure all passengers are secured with seat belts or the appropriate car restraint systems.

Liability: If you are pulled over by law enforcement and you or your passengers are not wearing seat belts, you will receive a ticket and you’ll have to pay a fine.

Passenger tickets: Passengers over the age of 16 may also face tickets for failing to wear seat belts.

Car seats: To ensure child passenger safety, all children under the age of eight must be seated in a car seat or booster seat. Never install a car seat in front of an airbag.

Seat belts for minors: Children over the ages of eight can travel with seat belts secured if the shoulder belt crosses the middle of their chest, the lap belt touches their upper thighs, and they can sit all the way back on the seat with their knees bent at the edge of the seat.

Click it or kick it: Seat belt use reduces the risk of motor vehicle crash fatalities by 45 to 60%. Nearly 50% of people who die in a car accident were unbuckled at the time of impact.
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What happens if you break the seat belt laws in California?

Breaking the California seat belt law could result in a first-offense fine of $20 at minimum, including a $2.50 assessment cost.

For any subsequent offenses, you’ll be fined $50. That being said, the overall amount you pay for will be closer to $162 due to fees and penalty assessments.

In California, breaking the seat belt law is considered a nonmoving violation, so you won’t get any points on your record.

However, breaking the

California car seat law

is more serious and you’ll be hit with a $490 fine and one point on your record. Ensure your vehicle is equipped with the correct child safety seat if you are driving with minors under the age of eight.

Offense	Fine	Points on DMV driving record
First-offense for driving without a seat belt	$20 + penalty assessment fees	No
Subsequent offenses for driving without a seat belt	$50 + penalty assessment fees (up to $162)	No
First-offense for driving without a child passenger restraint system for a passenger under eight years old	$490	Yes, one point
First-offense for driving with an unbelted passenger under 16 years old	$490	Yes, one point

Key Takeaway Breaking the California seat belt law will result in a fine of at least $20 plus fees.

Could it impact my driving record?

It’s unlikely that a seat belt violation will impact your

California driving record

. Since breaking the seat belt law is considered a nonmoving violation in California, you will not receive points on your driver’s license.

It will show up on your driver abstract, but this shouldn’t have very serious consequences—unless the unbelted passenger was a minor.

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Could it impact my insurance?

A California seat belt violation ticket could impact your car insurance rates. Seat belt tickets won’t affect your insurance in most states, but your insurance company will definitely notice if you rack up a ton of seat belt tickets.

Not wearing a seat belt can also affect your insurance if you or your vehicle occupants sustain serious injuries as a result of a car accident. If you only carry

California’s minimum required insurance

, you may have limited coverage for your medical costs.

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Are there California seat belt law exemptions?

You may be exempt from California’s seat belt laws if you meet any of the following criteria:

You have a medical condition that allows you to travel by motor vehicle without a seat belt in California.

You are a newspaper delivery person, garbage truck driver, or frequently leave and enter your vehicle for work.

You are a child or minor in a rear-facing car seat, a forward-facing car seat, or a booster seat that does not require a seat belt.

You are in a vehicle manufactured before 1968 without seat belts.

You are in a taxi or commercial vehicle that does not require a seat belt.

You are an agricultural employee riding in the back of a pickup truck for work.

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FAQs

How much is a ticket for not wearing a seat belt in California?

First-time offenders will face a $20 ticket for failing to wear a seat belt on California roads. For subsequent offenses, drivers will face $50 fines and over $100 in fees and penalty assessments.

Is a back seat belt mandatory in California?

Whether they are in the front seat or back seats, all passengers are required to wear seat belts in the state of California. If a vehicle only has two seat belts in its back seat, only two passengers are allowed to ride.

Who is held responsible if one of my passengers does not wear their seat belt?

If one of your passengers fails to wear their seat belt, you will be held responsible as the driver. Drivers are responsible for all of their passengers, and they must ensure that minors are secured with car seats or booster seats if necessary.

With this said, passengers over 16 years old may also receive tickets alongside the vehicle’s driver if they are caught without their seat belt on.

When did it become mandatory to wear seat belts in California?

California’s first seat belt laws came into effect on January 1, 1986. Since then, seat belt use has been mandatory for all drivers and passengers, and passengers under eight years old must be secured with the appropriate car seats or booster seats.

Is no seat belt a moving violation in California?

Failure to wear a seat belt in California is considered a nonmoving violation under state laws, but you will receive a ticket and a fine for noncompliance.

Do officers have the right to pull someone over for not wearing a seat belt in California?

Yes, California police officers and California Highway Patrol (CHP) officers can legally pull over drivers if they or their passengers are not wearing seat belts.

What is the Click It or Ticket law?

Introduced by the National Highway Traffic Safety Administration (NHTSA) in North Carolina in 1993, the Click It or Ticket law states that drivers and passengers can be ticketed for failing to use seat belts. This law aligns with mandatory seat belt laws, encourages motor vehicle safety, and is used by multiple states to incentivize seat belt usage.