Michigan Seat Belt Laws Overview
Michigan enforces a primary seat belt law for people riding in the front seat, allowing police officers to pull over and ticket drivers and passengers solely for a violation. (MCL 257.710e(3)) Under Michigan Vehicle Code, failing to properly buckle up results in a $25 fine and a $40 justice system assessment. (MCL 257.907(2)(o) and (12)) Whether you are operating a vehicle or riding as a passenger, remaining secured is both a legal mandate and a critical safety measure.
Michigan seat belt laws for adults and passengers
Michigan law differentiates seat belt requirements based on where you sit in the vehicle and your age:
- Front Seat Riders: All drivers and front-seat passengers must wear a properly adjusted safety belt, regardless of their age.
- Passengers Ages 8 to 15: Must wear a seat belt in all seating positions throughout the vehicle, including the back seat.
- Back Seat Passengers (Ages 16+): Passengers 16 and older riding in the rear seat are not legally required to wear a seat belt, though buckling up is strongly encouraged for safety.
- Driver Liability: The driver is legally responsible for ensuring that all passengers under the age of 16 are properly restrained.
Michigan child passenger seat belt laws
Michigan child car seat belt laws require specific restraint configurations based on age, height, and weight milestones:
- Infants and Toddlers (Under Age 2): Must ride in a rear-facing car seat until they turn 2 years old or exceed the maximum height or weight limits specified by the seat manufacturer.
- Young Children (Ages 2 to 5): Must be secured in a forward-facing car seat with a five-point harness until they reach age 5 or outgrow the seat’s weight and height boundaries.
- School-Aged Children (Ages 5 to 8): Must use a belt-positioning booster seat with a lap and shoulder belt until they reach 8 years of age or grow to a height of 4 feet 9 inches tall.
- Back Seat Requirement (Under Age 13): All children under 13 years old must ride in the rear seat of the vehicle if an open backseat is available.
How do the Michigan seat belt laws affect usage?
Statewide usage in Michigan was estimated to be 92% in 2024, based on a observational study, according to Michigan Traffic Crash Facts. However, seat belt usage by drivers and passengers involved in motor vehicle crashes in Michigan in 2024 was 98.4%. (Michigan Traffic Crash Facts) In the U.S. in 2024, the national seat-belt use rate was 91.2%. (NHTSA)
According to the Detroit Free Press, “[i]n 1984, seat belt use in Michigan was below 20%. It rose to 60% shortly after [Michigan’s mandatory seat belt] law went into effect in July 1985, according to state police. It then dropped to 45% before going up again, hitting an all-time high of 97.9% in 2009. The 2014 usage rate was 93.3%.”
Saving lives
Seat belts saved an estimated 14,955 lives in the U.S. in 2017. It is estimated that an addition 2,549 lives could have been saved if all vehicle occupants had been wearing them. (NHTSA)
Of the motor vehicle fatalities in Michigan in 2024 where occupants’ safety-restraint use was known, 38.8% of the people killed had not been wearing them. (Michigan Traffic Crash Facts) In 2023, 49% of the people killed in motor vehicle crashes nationwide were not wearing safety restraints. (NHTSA)
How do the laws apply to people in riding the front?
Drivers and passengers riding in the front must “wear a properly adjusted and fastened safety belt” when they are in a motor vehicle that is being driven on Michigan roadways. (MCL 257.710e(3))
How do the laws apply to people riding in the back?
Michigan law does not require people who are 16 years of age or older to wear them when they are riding in the back of a car or truck.
However, it is not safe to go without wearing one. Research shows that unrestrained rear-seat passengers are 8 times more likely to sustain a serious injury in a car crash than rear-seat passengers who are wearing their seat belts.
What are the Michigan seat belt laws for children between the ages of 8 and 15?
The law requires kids who are between 8 and 15 to wear them no matter whether they are seated in the front or back of the vehicle. (MCL 257.710e(5))
What are the laws for children between the ages of 4 and 7?
Children who are between the ages of 4 and 7 AND who are “less than 4 feet 9 inches in height” must be “properly secured in a child restraint system” such as a car seat or booster seat. (MCL 257.710e(3)(b))
What are the laws for children under the age of 4?
The Michigan seat belt laws and the car seat laws require that children under the age of 4 must be secured in a “child restraint system” such as a rear- or forward-facing child car seat AND they must ride in the rear seat when the vehicle has a rear seat. (MCL 257.710e(3)(a); 257.710d(1)(2))
If there is no rear seat or if the rear seat is already occupied by other children under the age of 4, then a child can be secured in the front seat. However, a “child in a rear-facing child restraint system may be placed in the front seat only if the front passenger air bag is deactivated.” (MCL 257.710d(2))
Can the police stop you for violating the Michigan seat belt laws?
Yes. Not wearing one is a “primary” offense, which means the police can stop and ticket a driver just for violating the law, even if the driver has broken no other laws. (MCL 257.710e(7))
How do the laws apply to school buses?
No. If you are a passenger on a school bus, then you are not required to wear them. (MCL 257.710e(2))
What is the penalty for violating the Michigan seat belt laws?
There is a $65 fine for violation of the laws. That consists of a $25 “civil fine and court costs” for actually violating the law and a $40 “justice system assessment.” (MCL 257.907(2)(o) and (12))
Violating the laws is a “civil infraction” for which no points are assessed on a person’s driver’s license. (MCL 257.710e(9) and (14))
All of the above is also true for violating the child car seat laws, except that the “civil fine . . . must not be more than $10.00.” (MCL 257.710d(4) and (5); 257.907(2)(m))
What if I get in a car accident and I was not wearing one?
If you were injured in a car accident and you were not wearing a seat belt (but only if you were specifically required to by the Michigan seat belt laws), then that may be considered as “evidence of negligence” and used to reduce your recovery for pain and suffering damages from the at-fault driver. However, this cannot reduce your pain and suffering compensation recovery “by more than 5%.” (MCL 257.710e(8))
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(Sources: Michigan Traffic Crash Facts, 2024, Fact Sheets, “Seat Belt Use”; NHTSA, “Seat Belts” page, “Consequences”; Detroit Free Press, “Michigan seat belt law turns 30 after bitter battle,” July 31, 2015)
Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
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