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Wearing a seat belt is one of the easiest ways to protect yourself and anyone else in your car in the event of an accident — and the Nevada Department of Transportation and other organizations regularly run campaigns to remind everyone to do so. However, are you legally required to wear a seat belt?
The answer is more complicated than just a simple “yes” or “no.” The car accident attorneys at Adam S. Kutner, Injury Attorneys, explain the latest seat belt laws for Nevadans to keep you and your passengers safe.
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Do You Have To Wear a Seat Belt in the Back Seat in Nevada?
Nevada state laws require everyone in a vehicle to have a seat belt on, no matter where you’re sitting in the car. Even passengers in the back seat must wear a seat belt at all times in Nevada. Other stipulations include:
- Everyone older than 6 years and who weighs 60 pounds or more must wear a safety belt or shoulder harness at all times in a moving vehicle.
- Children less than or equal to 57 inches and under 6 years of age must ride in a child seat.
- Children under 2 years of age must utilize a child restraint system in a rear-facing car seat in the back seat of a vehicle.
If you don’t wear a seat belt when required, you won’t be charged with a crime. Instead, you’ll get what’s called a “civil citation.” Civil citations work similarly to speeding tickets, which means that receiving one doesn’t result in a criminal record.
So, who gets a citation if someone in the back seat isn’t wearing a seat belt? That depends on the age of the passengers.
In most cases, an adult passenger will receive a ticket or citation if they aren’t wearing a seat belt. However, if the passenger is a child, the driver might be issued a ticket because parents are considered to be legally responsible for their children.
What Is the Penalty for Not Wearing a Seat Belt in Nevada?
The penalties for not wearing a seat belt alone aren’t very severe in Nevada. If you receive a civil citation for not wearing a seat belt — or not requiring your child to wear one — you may be fined a maximum of $25. Alternatively, you may be ordered to perform community service.
Nevada does not assess license points for a seat belt violation, and they don’t suspend your license for it. However, because failing to put a young child in a car seat puts that child’s life in danger, a child car seat violation involving a child passenger may result in more severe penalties, such as a license suspension. If both the driver and a child are without seat belts, law enforcement may issue only one citation for both offenses.
There are a few circumstances that exempt you from Nevada’s seat belt laws. For example, these parties are not required to wear seat belts.
- People excused via a doctor’s note from wearing seat belts for medical reasons
- Postal employees delivering mail
- Delivery drivers traveling no more than 15 mph and make frequent stops (newspaper or phone book deliveries, for example)
- People using public transportation, including school buses
When in doubt, it’s almost always better to wear your seat belt if one is available to you. The legal penalties for not wearing one may not be especially severe, but if you’re involved in a car accident, not wearing a seat belt may result in far more dangerous consequences to your health — and even your life.
Should I Fight a Seat Belt Ticket in Nevada?
Because a seat belt ticket is a secondary offense, it almost always accompanies other charges in Nevada. While the penalties for not wearing a seat belt may be minor, there’s a good chance the other charges you face will have more serious consequences. Each case is different, so you should consult with a defense lawyer to help you decide whether the ticket you’re facing is worth fighting.
What Are the Defenses for Not Wearing a Seat Belt in Nevada?
If you decide you want to fight a citation for not wearing a seat belt, your lawyer can plan out a defense to argue your case in court. Your defense lawyer will take the time to understand your case to build a custom strategy, but there are also common defenses they may leverage in the process.
The Police Were Wrong
This defense is just what it sounds like — your attorney argues that the police were mistaken and that you were, in fact, wearing a seat belt. However, if bodycam footage or photographic evidence shows that you were not wearing a seat belt, this defense can be easily disproved.
The Vehicle Is Exempt
In some cases, the car you drive may be so old that it doesn’t actually require seat belts. Nevada law requires that most cars be equipped with seat belts in the following ways:
- Cars made in 1968 or later must have at least two lap-style belts in the front seats
- Cars made in 1970 or later must have lap belts in all seats and shoulder belts in front seats
If your car does not have seat belts because it isn’t required to by law, your legal team may be able to use that fact as part of your defense.
You’re Medically Excused
If you have a medical excuse for not wearing a seat belt and a doctor’s note to back it up, that may be a viable defense. Even a post-dated doctor’s note from after your seat belt violation can be a defense in court.
You Were Only Pulled Over for a Seat Belt Violation
Seat belt offenses are “secondary offenses.” That means you can only be cited for not wearing a seat belt when charged with another crime. For example, if you are pulled over for reckless driving and don’t have a seat belt on, you can be charged with both reckless driving and not wearing a seatbelt.
However, police may not pull you over only because they think you weren’t wearing a seat belt. This is what’s known as an “impermissible stop.”
Can You Have a Jury Trial for Failure To Wear a Seat Belt in Nevada?
No, you can’t have a jury trial for failing to wear a seat belt in Nevada. Failing to wear a seat belt is a civil offense, meaning it’s not a criminal matter at all. However, if you were cited for not wearing a seat belt when you were charged with a crime, you might face a trial for that crime.
For example, if you were arrested for a DUI and cited for not wearing a seat belt at the same time, you might have a jury trial for the DUI. However, not wearing a seat belt may not be brought up during the trial.
Can Not Wearing a Seat Belt Be an Issue in a Personal Injury Case?
If you get seriously injured in a car accident that someone else causes, you might be able to pursue compensation from the other driver to reimburse you for medical costs, pain and suffering, and other losses. Things may be a little more complicated if you were not wearing a seat belt at the time of the accident.
If you weren’t wearing a seat belt, the defendant’s attorney might argue that you were responsible for your own injuries — or at least that your negligence contributed to the accident. This doesn’t mean you shouldn’t file a claim if you weren’t wearing a seat belt at the time of the accident, though. Get in touch with us to discuss your case and make sure you understand your options going forward.
What Are the Nevada Child Car Seat Laws in 2024?
Nevada seat belt laws are meant to protect the safety of older children and adults. However, if a child is too young to be safely restrained by a seat belt, they must have a properly installed car seat appropriate for their size and age. Here’s a quick look at how car seat laws apply to children of different ages.
Children Under 2 Years Old
Very young children are at particular risk of injury in a car accident. As a result, kids under 2 must be in a rear-facing car seat until they exceed the height and weight limits set by the manufacturer.
Older Children
Once a child is too big for a rear-facing car seat, they can graduate to a size-appropriate seat for older children. Kids who are 57 inches tall or less and who weigh less than 60 pounds must legally be restrained in a car seat.
Once a child reaches the age of 6 and weighs 60 pounds or more, they are no longer required to be in a car seat.
What Are Car Seat Ticket Penalties in Nevada?
Nevada takes child passenger safety seriously, so car seat penalties are normally harsher than seat belt penalties. Most notably, while failing to wear your own seat belt is a civil infraction, breaking child car seat laws is a misdemeanor offense, meaning it goes on your criminal record.
First Offense
For a first offense, the maximum penalty is a fine of $100 to $500 or 10 to 50 hours of community service.
Second Offense
For a second offense, you will need to pay a fine of $500 to $1,000 or do 50 to 100 hours of community service.
For a first or second offense, you can reduce your penalties by completing child seat education and having their car seat inspected. If you provide proof of completion to the court, the court must cut your penalties in half. A driver can get only one sentence reduction for completing the training and inspection.
Third Offense
A third or subsequent offense results in a license suspension from 30 to 180 days.
Are There Car Seat Law Exceptions?
Just like there are some exceptions to seat belt laws in Nevada, there are also limited circumstances where child car seats are not required. If it would be dangerous for a particular child to use a car seat, the child may be excused from the requirement. To be excused from the law, the driver must have a signed statement from a doctor or nurse practitioner. The driver must have the note with them in the vehicle.
What Are the Booster Seat Requirements in Nevada?
In Nevada, a booster seat is considered a kind of car seat. Even though kids do not legally need to have a car seat or booster seat once they reach the age of 6 years and a weight of 60 pounds, it’s still a good idea to keep using a booster seat until your child’s seat belt fits properly. A seat belt should cross the child’s thighs.
Do You Need a Car Seat in a Taxi in Las Vegas?
No, you do not need a car seat in a taxi in Las Vegas. Nevada law 484B.157(7)(a) says that Nevada’s seat belt law does not apply to public transportation, including taxis. However, even though a car seat is not required in a taxi in Las Vegas, it is always a good idea to comply with the State of Nevada’s car seat use guidelines.
Do You Need a Car Seat for an Uber in Las Vegas?
Nevada child car seat laws aren’t exactly clear as to whether you must have a car seat in an Uber or other rideshare vehicle. Car seats are not required for public transportation, including taxis. However, the law does not mention Uber or define whether it is considered public transportation.Uber has clear rules on the subject, though. According to their community guidelines, if a child is required by law to be in a car seat, it is the parent’s responsibility to provide and fit the car seat to the car. Drivers may refuse to give you a ride if you don’t have a car seat, and canceling your trip for that reason won’t hurt their rating on the platform.
When Can a Child Sit in the Front Seat in Nevada?
Legally speaking, there is no particular age for when a child can sit in the front seat in Nevada. This is something that’s generally left to a parent’s discretion. However, the Nevada Department of Motor Vehicles recommends that children sit in the back seat until at least age 12.
Taller children might be able to safely sit in the front seat sooner, while children who grow late may need to sit in the back seat a little longer. Children should use a booster seat until the seat belt can fit properly, covering the thighs and not the stomach.
Contact Our Nevada Car Accident Lawyers
Have you been in an accident in Las Vegas? Is not wearing a seat belt an issue in your case? We’re here to help. At Adam S. Kutner, Injury Attorneys, we can help you navigate the law and deal with insurance companies to create a winning case.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
