Increasing Seat Belt and Child Safety Seat Use—Decreasing Deaths and Injuries

Traffic crashes are a leading cause of death in the United States and the leading cause of death for children age five and above. Increasing seat belt and child safety seat use is the easiest and most effective way of cutting the highway death toll. Highway deaths could be cut dramatically if states upgraded their laws to improve coverage and enforcement.

Seat belts are 45 percent effective in reducing fatal injuries in a crash. Child safety seats reduce the chance of fatal injury by 69 percent for infants (less than 1 year old) and by 47 percent for toddlers (1-4 years old).

For more information about specific measures to strengthen seat belt and child passenger safety laws, see the National Highway Traffic Safety Administration's (NHTSA) State Legislative Fact Sheets: Strengthening Child Passenger Safety Laws and Strengthening Seat Belt Use Laws.

New Seat Belt/Child Passenger Safety State Incentive Grants Created in the Transportation Equity Act for the 21st Century

In 1998, the Transportation Equity Act for the 21st Century (TEA-21) created two Federal incentive grant programs to encourage states to increase the use of seat belts and child safety seats, and to encourage states to increase seat belt use rates and target specific occupant protection laws and programs.

Section 405 of TEA-21 and Incentive Grant Criteria

Section 405 of TEA-21 created a new incentive grant program to increase the use of seat belts and child safety seats by encouraging states to adopt more effective laws, stronger penalties, and highly visible enforcement and education programs.

To be eligible for a grant under Section 405, a state must meet four out of the following six criteria:

1. A seat belt law that:

   • applies to all front seat passengers in all passenger motor vehicles (including cars, pickups, vans, minivans, and sport utility vehicles) in fiscal years 1999 and 2000; and

   • applies to all passengers in all passenger motor vehicles beginning in fiscal year 2001.

2. A primary seat belt law which allows police to stop and issue violations solely based on noncompliance with the state’s seat belt use law.

3. Provides for the imposition of a minimum fine of not less than $25 or one or more penalty points on the driver’s license of an individual for a violation of the state’s seat belt use or child passenger protection law.

4. A Special Traffic Enforcement Program (STEP) that covers at least 70 percent of the state’s population and combines intensified enforcement, public education and publicity efforts to increase seat belt and child safety seat use.

5. A comprehensive, state-wide child passenger protection education program that includes:

   • public information efforts about seating children correctly in air-bag equipped vehicles, reaching at least 70 percent of the state's population;

   • child passenger safety training and retraining for key personnel; and

   • child safety seat clinics covering at least 70 percent of the state's population.

6. A child passenger protection law that covers all children under age 16 in all seating positions in all passenger motor vehicles.

A state qualifies for funding under this program can receive a grant of up to 25 percent of its fiscal year 1997 Section 402 apportionment and can receive grants for up to six fiscal years. TEA-21 authorizes $68 million for this program: $10 million in fiscal years 1999 and 2000, $13 million in fiscal year 2001, $15 million in fiscal year 2002 and $20 million in fiscal year 2003.

Grants are to be used for the implementation and enforcement of occupant protection programs. The Federal share is 75 percent in the first and second fiscal years the state receives a grant, 50 percent in the third and fourth fiscal years, and 25 percent in the fifth and sixth fiscal years.

Section 157 of TEA-21, Eligibility, and Fund Allocation

Section 157 of TEA-21 created a program to encourage states to increase their seat belt use rates in recognition that increased belt use decreases crash injuries and the financial burden these preventable injuries place on Federal programs. Funds are allocated to eligible states based on savings in medical costs to the Federal government due to improved seat belt use.

A state is eligible for allocated funds in a fiscal year if:

• its seat belt use rate for the past two calendar years exceeds the national average seat belt use rate ("national average"); or

• its seat belt use rate in the previous calendar year exceeds the highest seat belt use rate the state has achieved for any earlier calendar year beginning in 1996 (its "base" rate).

A state may not receive allocations under both conditions in a single year. A state may receive an allocation under the "base" condition only if it fails to meet the "national average" condition.

Beginning in calender year 1998, states must submit seat belt survey information for each calendar year covered by the program to NHTSA for evaluation. The survey information must measure seat belt use rates according to uniform criteria established by NHTSA to ensure accurate and representative measurements. The national average seat belt use rate will be calculated by NHTSA each year.

Funds are allocated to eligible states under Section 157 to reflect the savings to Federal programs (such as Medicare and Medicaid) estimated to result from improved seat belt use in the state.

For an individual qualified state, NHTSA will calculate the savings to the Federal government resulting from its increased seat belt use to determine its allocation. If the proposed allocations to all eligible states for a year would exceed the total amount of funds available, the allocations would be reduced proportionately.

States can use the funds received under this program for any highway safety or Federal-aid highway program, including construction programs.

In fiscal year 1999, funds remaining after these allocations are made will be apportioned for use in the surface transportation program. In later fiscal years, remaining funds will be available to finance innovative projects to increase seat belt use rates, based on plans submitted by the states.

Authorizations available to eligible states are $82 million for fiscal year 1999, $92 million for fiscal year 2000, $102 million for fiscal year 2001, and $112 million for fiscal years 2002 and 2003.

Information Sources

State Legislative Fact Sheet—Strengthening Child Passenger Safety Laws. NHTSA, March 1999.

State Legislative Fact Sheet—Strengthening Seat Belt Use Laws. NHTSA, March 1999.