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Delaware Seat Belt law

All motor vehicles come with seat belts, but every year, thousands (maybe even millions) of people choose not to use them. In some cases, this is your choice, but in many parts of the world, you must, by law, wear a seat belt. If you’re going to be on the roads in Delaware, make sure you understand Delaware seat belt law.

State Law Statute

According to the Delaware Office of Highway Safety, in 2005, there were 100 deaths due to motor vehicle crashes. Of those 100 deaths, 59 of them were people not wearing their seatbelts. Studies show that wearing a seatbelt cuts your risk of death during a crash in half. That means that in 2005 alone, up to 30 people could have been saved just by wearing their seatbelts.

Because of these grim statistics, Delaware seat belt laws are among some of the most aggressive in the country. All drivers and passengers, regardless of age and seating position, must be wearing a seat belt while the car is in motion. According to Delaware seat belt law, a police officer can pull you over if he or she sees anyone not wearing a seatbelt.

Fines for Not Wearing Seat Belts

Delaware is a primary seat belt law state, which means that an officer can pull you over just for seeing that you’re not wearing a seatbelt. In secondary states, the officer has to have another reason for pulling you over, but can fine you for not wearing a seat belt on top of your other fine. The fine for not wearing your seatbelt on the first offense is $25, plus a $15 court fee. So, you’ll ace $40 per person in fines for not buckling up, and that cost only increases for subsequent offenses.

Who is Required to Wear a Seat Belt

In Delaware, everyone is required to wear a seat belt. Some states allow adults over the age of 18 to make that decision if they are sitting in certain seats, but in Delaware, you must be buckled up, unless you have and are carrying a medical waiver. Children are not required to wear a seatbelt if they are in a properly sized children booster seat or car seat. Be aware that, as the driver, it is your responsibility to ensure that everyone is wearing a seatbelt.

Child Seat Info

In Delaware, children under the age of seven or under 65 pounds must be restrained in a federally-approved child car seat or booster seat. Child safety belt laws require additionally that all children under 12 years old or under 65 inches tall must ride in the back seat if there are active airbags in the front seat. The children car seat you use must be right for your child’s weight and height. Violations of this law come attached with $25 fines (plus $15 in court fees), and you must show proof that you fixed the problem for the future in most cases.

Reasons for Using

Although Delaware seat belt laws may seem extremely strict, studies show that states with primary seat belt laws see an increase in seat belt usage among adults. It is certainly working in Delaware – seat belt usage is up by 82% since the law was introduced. When parents are using their seat belts, children are more likely to use their seat belts, and this is not only safer for them while they are small, but it also promoted good lifetime habits.

Seat belts obviously protect you when you have to make a quick stop or are in an automobile accident. However, on top of that, using your seat belt can also help to protect emergency workers who help you in the event of a crash. If you’re buckled up, you are more likely to avoid serious injuries, so you and the medical teams can get away from dangerous scene faster.

Types of Seat Belts

Most cars come equipped with seat belts for all seats. In older cars, you’ll find that middle seats in the front and back sometimes only have a lap belt. This is least effective for protecting you in the event of a crash. The three-point seatbelt, which includes the lap belt and should strap is more common and safer. Some newer cars and children seat belt manufacturers are also experimenting with harness styles, which may be even safer that three-point seatbelts.

How to Use with Children

The Delaware seat belt law requires all children under seven years old to wear a seat belt in a booster seat or car seat, but the sad fact is that many parents don’t know how to install these safety devices properly. If you’re a new parent or unsure about a new car seat you’ve purchased, you can stop at any one of Delaware’s many child safety belt checking stations. This service is free in the vast majority of locations. You can get your car seat checked at any of the following locations:

  • AI DuPont Fitting Stations, call 302-65105437 for an appointment
  • Christiana Care’s SAFE KIDS Fitting station, call 302-733-2472 for an appointment (small fee applies)
  • Dover DMV, walk-ins welcome
  • Georgetown DMV, walk-ins welcome
  • OHS fitting station at the University of DE, call 302-86-7303 for an appointment
  • Sussex County Pregnancy Center, call 302-856-4344 for an appointment
  • Wilmington DMV, call 302-434-3234 for an appointment


You can also visit the Delaware Officer of Highway Safety’s website for more seat belt and child safety belt information.


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