What Louisiana’s Front Seat Law Requires
As it stands today, Louisiana law requires every motor vehicle operator and front-seat passenger to be restrained by either a seatbelt or a safety shield. A child under the age of 12 is not authorized to occupy the front seat of a motor vehicle unless the motor vehicle does not have a rear seat or all the rear seats are occupied by children under the age of five. For purposes of child passenger restraint , Louisiana law permits children ages four to twelve who are 58 inches or taller to use an adult seatbelt in place of a child restraint. Louisiana has two additional restrictions for those who violate the current front seat law. First, a fine of $25 plus court cost may be imposed on the first offense. Second, on second or subsequent offenses, the fine increases to $50 plus court cost per violation. Additional penalties may be imposed if the transportation network insurance does not include coverage for injuries to an accident victim who was not wearing a seatbelt at the time of the accident.
Why It Matters
The front seat of a vehicle is often the most dangerous place, especially during a collision, but Louisiana law is relatively strict about who can occupy that valuable real estate. According to a report from the National Highway Traffic Safety Administration (NHTSA), front seat passengers are ten times more likely to be killed in a crash than rear seat occupants. A report by J.D. Power for the The Road Ahead: Crash Avoidance Systems (2016) found that front passengers were also 60 percent more likely to be seriously injured than those in the rear rows.
Louisiana’s Law on Occupants of the Front Seat
State law prohibits children who are less than six years old from riding as passengers in a front seat unless there is no rear seat available or all the rear seats are occupied by children.
For example, if your car has only two seats, one in the front and one in the back, and both of those seats are occupied by children under the age of six, the child in the back may occupy the front seat. Yet if there is a car with one seat in the front and multiple in the back, such as a cab or SUV, the child cannot ride up front.
This statute, like many in Louisiana, is only sensible if it is properly enforced. Given how the state defines a "child" as anyone under the age of 12, it can often be difficult to ascertain whether the law is being followed.
Benefits of the Law
Beyond the threats of a fine and other legal complications, however, the front seat law is based on sound science and common sense. Advances in safety systems in vehicles, including advanced air bag systems, simple air bags, crash bags, and seat belts have all begun with the knowledge that front seat passengers suffer much more serious injuries than those in the rear.
A 10-year study from 1990 revealed that children aged six to twelve were twice as likely to be killed in a collision if they were in the front row compared with the second row (where applicable) and more than three times more likely compared to the third row. Waiting one more year could save a child’s life, though it is ideal to keep children off the front seat altogether.
For those under the age of three, the statistics are even grimmer. Children of this age riding in the front seat are seven times more likely to be killed than those of the same age in the second row.
The front seat law in Louisiana may seem confusing and overly strict but is well-supported by available data. This data should encourage Louisiana drivers to leave the front seat for adults only and to put children in the back row at all times.
Specifically What the Law Requires for Children
When a car is parked, children can sit in the front seat. When the car is being driven, there are strict ramifications for when children are allowed to sit in the front seat. Since Louisiana law gives these details for when the front seat may be used, it is important to understand the details of the regulation.
For children who are younger than 13 years old, they cannot be placed in the front seat if the passenger side airbag is operable. If the airbag is not operable, the child can be placed in the front. This is very important because the child could suffer serious injury due to the airbag deploying and using the child restraint system. It does not matter whether the child is in the child restraint system or if the child is seatbelted, the fact that the airbag would deploy is the important consideration. If the passenger side airbag is not operable, the child may be placed in the front seat with the child restraint system.
Children less than two years old must use a rear-facing child restraint system. If the rear seating position does not have a seatbelt or the seatbelt cannot be used with the child restraint system if it is rear-facing, the child restraint system must be placed in the front with the airbag off. If the airbag is operable, the child cannot be placed in the front.
Even if the child is older than two years of age, the operator of the motor vehicle cannot operate if the child restraint system cannot be used properly due to the seatbelt being fist buckle, or a headrest or other obstructing item. For example, a recline feature on the front seat may obstruct the seatbelt from being used properly.
Since the risk to injuries can be so high when a child is placed in the front seat of a vehicle where the airbag is operable, it makes sense that there are very strict requirements for when the front seat of a motor vehicle can be occupied by a child.
Penalties for Violating the Law
Drivers who do not comply with the front seat law can face legal penalties. Lousiana Revised Statute § 32:295.1 imposes monetary penalties of $25 to $50 for a first offense; $50 to $75 for a second offense; and $100 to $125 for a third or subsequent offense. However, these charges apply only to first-time offenders, and only if the child is properly secured in a rear vehicle seat that adheres to safety standards. In Louisiana, if a party has a previous offense for "Improper Child Restraint" in his or her criminal record, under Louisiana R.S. 14:97.2, then the party shall be charged with a misdemeanor. Misdemeanor charges can carry up to six months’ imprisonment or a fine of up to $500.
Fines and penalties are set at the discretion of the presiding judge. A presiding judge may take into account mitigating and/or aggravating circumstances when deciding the level of penalty. The only mitigating circumstance outlined by the statute is that the child was properly restrained in a certified child restraint. An aggravating circumstance includes that the defendant has two or more prior convictions for improper child restraint.
Exceptions to Front Seat Law
The first exception that is most commonly seen is when a passenger is 13 years of age or older. The law allows for these children to ride in the back without a child safety restraint system being used, but the law does stipulate that in this instance, throughout the period that it is legal to use them, the child must wear a seatbelt.
Secondly, when an individual is in a vehicle where a 25-mile-per-hour speed limit applies, which would be most rural roads, it is not required to have a child safety restraint system at all , though insurance companies are not always agreeable to this type of situation. Despite what the law allows, many insurance agencies will contend that your child must be in a booster seat, no matter the speed limit on the road.
The last exception is if the person is an adult who has a medical condition which would make the use of a seatbelt harmful to their health. In this situation, the individual will need a note from a doctor who can attest to their medical condition and the need to avoid restraints.
How Louisiana’s Law Compares to the Rest of the Country
Louisiana has taken the middle road when compared with the other 49 states and the District of Columbia when it comes to front seat safety requirements. According to the National Occupant Protection Use Survey (NOPUS), 87.9% of front seat drivers in Louisiana are buckled in while the national average is 90.3%. In an effort to further improve occupant safety, Louisiana has certain freight and rental truck parking requirements that set it apart from most other states. These requirements allow for parking in a manner that prevents dangerous egress into traffic. According to the NOPUS, only three other states required such parking including Alabama, Alaska, and Michigan.
The other 49 states and the District of Columbia have enacted occupant protection laws with varying degrees of strictness. New Hampshire is the only state in the United States that does not mandate seatbelt use. Accordingly, New Hampshire leads the country with the lowest seatbelt use percentage at 70.8%. The District of Columbia, on the other hand, has the highest front seat driver seatbelt percentage with 95.6%. Most states (20 holes, District of Columbia, Puerto Rico and the Virgin Islands) have some form of primary enforcement seatbelt law. This means law enforcement officers may pull you over and ticket you for not wearing your seatbelt. Oregon has the broadest coverage with seatbelt laws for both front seats that extends to passengers aged 6 and older.
Other states, such as Wisconsin and Utah, have secondary enforcement laws. Secondary enforcement laws allow officers to issue a citation only after detaining a motorist for another offense. The vast majority of states (23 states, Puerto Rico, and the District of Columbia) limit seatbelt use to the front seat occupants. Only four states require that everyone in the car wear seatbelts (Alabama, Arkansas, Louisiana and Utah). Louisiana is one of only three states that does not have any exemption for pickup truck occupants.
Advice for Staying in Compliance
As Louisiana residents, it’s our responsibility to know our state’s driving laws. Here are some practical recommendations to help you ensure that you will not be prosecuted for failing to follow the front seat law in Louisiana.
· Be aware of the Louisiana front seat law and make sure that you understand and follow it.
· Enforce compliance by all passengers in front seat protocols for the vehicle such as: buckle up, keep hands to yourself, stay in your seat, no horseplay, etc.
· Do not let yourself become a target by knowingly driving around with more occupants than there are available seatbelts in the front seat.
· If your vehicle does not have seatbelts, make sure that you weigh it out – would it be safer to have a toddler in the back seat who is secured properly in their safety seat or to drive without them in the front seat with no security?
· Know your options if you’ve been pulled over for an infraction where front seat law violation is a concern. For example, if three people are in the front seat, but only two seat belts are available, there is a straightforward option for resolving this issue in most cases.
· If you have questions about either your specific case or interpretations of the law, contact a Louisiana front seat law violation attorney for trusted legal guidance.
Sources for More Information
For more information on the front seat law in Louisiana, drivers can visit the Louisiana Department of Public Safety and Corrections website. The Louisiana Office of Motor Vehicles website also provides further guidelines on safety belt use in the state. Additionally , the National Highway Traffic Safety Administration outlines the state’s seat belt laws and violation fines in detail on its website. For comprehensive information on injuries subject to personal injury actions, and attorneys who can help, including those who practice in Louisiana, visit the Nolo website.
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