How Much Is a Seat Belt Ticket in Kentucky?

A seat belt ticket in Kentucky carries a fine of up to $25. The fine can be prepaid, and Kentucky law does not add court costs or other fees to it. A conviction for this particular seat belt violation is also not added to your Kentucky driving history.

Although the ticket itself is relatively small, Kentucky’s seat belt law raises other important questions. Can police pull you over just for not wearing one? Does the law apply to passengers in the back seat? What happens if you are injured in a crash while unbuckled?

Here is what Kentucky drivers and passengers need to know.

What Is the Fine for Not Wearing a Seat Belt in Kentucky?

Under KRS 189.990, the fine for violating Kentucky’s adult seat belt requirement cannot exceed $25.

The law also provides that:

• The fine may be prepaid.

• The violation is not subject to court costs or additional administrative fees.

• The conviction is not reported to the Kentucky Transportation Cabinet for inclusion on the person’s driving record.

That means a standard seat belt ticket generally should not add points to your Kentucky license.

Different penalties apply when a child is not properly secured. A violation involving a required child restraint system carries a $50 fine. A violation involving a required booster seat carries a $30 fine.

Can Police Pull You Over for Not Wearing a Seat Belt?

Yes. Kentucky has a primary seat belt law.

Primary enforcement means a police officer does not need to observe another traffic violation before stopping a vehicle for an apparent seat belt violation. According to the Kentucky Office of Highway Safety, a driver may be stopped and cited when someone in the vehicle is unrestrained.

However, Kentucky law prohibits law enforcement agencies from setting up a roadblock solely to look for seat belt violations.

Read more about when Kentucky police can pull you over for not wearing a seat belt.

Who Is Required to Wear a Seat Belt in Kentucky?

KRS 189.125 requires the driver and all passengers to wear properly adjusted and fastened seat belts when traveling on Kentucky’s public roads in a qualifying vehicle manufactured after 1981.

The requirement applies to passengers in both the front and back seats.

The statute contains limited exceptions. These include:

• A person who possesses a written statement from a physician, advanced practice registered nurse, or licensed chiropractor explaining that the person cannot wear a seat belt for medical or physical reasons

• A United States Postal Service letter carrier performing official duties

• Passengers who must instead be secured in an appropriate child restraint or booster seat

The statutory definition also excludes motorcycles, motor-driven cycles, and certain farm trucks from this particular seat belt provision.

What Are Kentucky’s Car Seat and Booster Seat Fines?

Kentucky uses a child’s height and age to determine what type of restraint is legally required.

Children 40 Inches Tall or Shorter

A child who is 40 inches tall or shorter must be properly secured in a federally approved child restraint system. A violation carries a $50 fine.

Children Between 40 and 57 Inches

A child younger than eight who is more than 40 inches but no more than 57 inches tall must be properly secured in a booster seat. A violation carries a $30 fine.

For a first booster-seat charge, the person may be able to purchase an appropriate booster seat and present proof of the purchase. If the statutory requirements are met, the charge may be dismissed without additional fees or costs.

Children Taller Than 57 Inches

Kentucky law does not require a child who is taller than 57 inches to use a booster seat, regardless of age. The child must still be secured with a properly adjusted seat belt.

Does a Seat Belt Ticket Go on Your Driving Record?

A conviction for violating Kentucky’s adult seat belt requirement is not transmitted to the Kentucky Transportation Cabinet and is not included in the person’s driving history.

That distinguishes a seat belt citation from moving violations that can add points to a driver’s license.

However, ignoring the citation can create a separate problem. Drivers should follow the payment or court instructions printed on the ticket rather than assuming the small fine makes the citation unimportant.

Can Not Wearing a Seat Belt Affect a Kentucky Car Accident Claim?

Not wearing a seat belt does not give another driver permission to cause a crash, and it does not automatically prevent an injured person from seeking compensation.

Kentucky law specifically states that failing to wear a seat belt is not “negligence per se.” In simpler terms, being unbuckled does not automatically establish that the injured person was legally negligent.

An insurance company may still investigate whether the person was wearing a seat belt and attempt to argue that being unrestrained contributed to the severity of certain injuries. Whether that argument is legally and factually supportable depends on the circumstances, the injuries and the available evidence.

The rules are even more protective in cases involving children. Kentucky law states that failure to use a child restraint or booster seat cannot be treated as contributory negligence or admitted as evidence in the trial of a civil action.

If an insurance adjuster is using seat belt use as a reason to deny or reduce your claim, do not assume the adjuster’s interpretation of Kentucky law is correct.

Learn more about how not wearing a seat belt may affect a Kentucky car accident claim.

What If an Unbuckled Passenger Is Injured?

An injured passenger may still have a claim against the driver who caused the collision. This can include a claim against the driver of another vehicle or, in some situations, the driver of the vehicle in which the passenger was riding.

Potential compensation may include:

• Medical expenses

• Lost income

• Reduced future earning ability

• Pain and suffering

• Permanent impairment

• Other accident-related losses

Liability for causing the collision and questions about what contributed to a person’s injuries are separate issues. An insurer may need to investigate carefully when it tries to combine them.

Speak With a Kentucky Car Accident Lawyer

The cost of a seat belt ticket is straightforward. The effect of seat belt use on an injury claim may not be.

If you were injured in a Kentucky car accident and an insurance company is questioning whether you were wearing a seat belt, Mory & Colliersmith, PLLC can help you understand your rights. Our Kentucky car accident lawyers can review what happened, examine the available evidence, and clearly explain your options.

Call Mory & Colliersmith at 502-212-4333 or request a free case review. There are no attorney fees unless we recover compensation for you.

This article provides general information and is not legal advice. Every case is different.