Is It Illegal Not to Wear a Seatbelt in Massachusetts?

Yes. M.G.L. c. 90, sec. 13A makes it illegal to drive or ride in a private passenger vehicle, a vanpool vehicle or a truck under 18,000 pounds on a public way without a properly adjusted and fastened safety belt, in the front seat or the back, and the fine is $25. The catch is in the same section: police may enforce it “only when an operator of a motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense.” Massachusetts is what is often called a secondary enforcement state for adult seatbelts, so an officer cannot pull a car over for a seatbelt alone.

That single sentence answers the question most people search. The rest of this page covers the parts that trip people up: who actually pays the fine when a passenger is unbuckled, what happens in the back seat, which vehicles and people the law does not cover, how children are handled under a different statute, whether a seatbelt ticket touches your insurance, and how to contest one.

If you were hurt in a crash and someone is raising your seatbelt against you, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free. This page is general information about Massachusetts law, not legal advice about your situation.

What Section 13A Requires

The rule in sec. 13A has four working parts.

1. Who. Every person who operates, or rides in, a covered vehicle. The statute does not limit the rule to the front seat; it reaches any person who “rides as a passenger.”
2. Which vehicles. A private passenger motor vehicle, a vanpool vehicle, or a truck under eighteen thousand pounds.
3. Where. On any way. Chapter 90, sec. 1 defines a way as any public highway, a private way laid out under statute, a way dedicated to public use, or a way under the control of park commissioners. A place that is not a way in that sense is outside the rule.
4. How. The belt must be “properly adjusted and fastened.” A belt worn behind the back or under the arm is not what the statute describes.

The section then lists who is excused, sets the fines, limits how police can enforce it, and says what a violation does and does not count as.

What Is the Fine for Not Wearing a Seatbelt, and Who Pays It

This is the part of the law most people get wrong. The fine does not always fall on the person who was unbuckled.

Who was not belted	Which statute applies	Who is fined	Amount
The driver	c. 90, sec. 13A	The driver	$25
A passenger 16 or older	c. 90, sec. 13A	The passenger	$25
A passenger 12 to 15	c. 90, sec. 13A	The driver, as an additional fine	$25 for each such passenger
A child under 8 who is 57 inches or shorter, not in a child restraint	c. 90, sec. 7AA	The driver	Not more than $25
A child under 13 not required to be in a restraint, not belted	c. 90, sec. 7AA	The driver	Not more than $25

So an adult passenger in the back seat who refuses to buckle is fined personally, while a 14-year-old in the same seat costs the driver. Section 13A’s own exception (a) hands every child under twelve who is subject to sec. 7AA over to that section, and sec. 7AA puts the fine on the operator.

Secondary Enforcement: When Police Can Write the Ticket

Section 13A says its provisions “shall be enforced by law enforcement agencies only when an operator of a motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense.”

In practice that means:

• An officer who sees an unbelted driver and nothing else cannot stop the car for the seatbelt.
• Once the car is stopped for something else, such as speeding, a lane violation or an equipment problem, the officer can cite the driver and any passenger 16 or over who is not belted, and can add the driver’s fine for unbelted passengers aged 12 to 15.
• The limit is written into sec. 13A. Section 7AA, the child restraint statute, contains no similar limit, so the secondary enforcement rule should not be assumed to apply to a child who is not in a car seat or booster.

The secondary enforcement rule governs when police may act. It does not make the belt optional. A driver who is never stopped is still violating the statute every time they drive unbelted.

Who and What the Law Does Not Cover

Section 13A lists its exceptions, lettered (a) to (f). Paraphrased closely:

1. (a) Children under twelve covered by sec. 7AA. They are governed by the child restraint statute instead.
2. (b) Vehicles made before July 1, 1966. Any person riding in one is excused.
3. (c) A person physically unable to use a belt, if a physician certifies the condition and states the nature of the handicap and why a belt is inappropriate.
4. (d) Rural mail carriers of the United States Postal Service while on duty, who remain subject to federal department rules.
5. (e) Anyone involved in the operation of taxis, liveries, tractors, trucks of 18,000 pounds or more, and buses, and passengers of authorized emergency vehicles.
6. (f) A side-facing seat with no factory belt in a car owned for antique collection.

Two cautions. First, the rule itself covers private passenger vehicles, vanpools and lighter trucks, and the exception list names taxis and liveries in terms of those “involved in the operation” of them. The text does not say how it applies to a passenger in a taxi or in a rideshare car, and this page does not guess. Second, the medical exception requires a physician’s certificate; a person’s own belief that a belt is uncomfortable or unsafe for them is not the exception the statute describes.

The Back Seat

The back seat question is the one people search most after the basic one, and sec. 13A answers it plainly. The statute applies to any person who operates or rides in a covered vehicle, and it fines “any person sixteen years of age or over who rides as a passenger in a motor vehicle without wearing a safety belt.” It draws no line between front and back.

The back seat is also where the age rules matter most. An unbelted adult back-seat passenger is fined personally; an unbelted 13-year-old makes the driver liable for an additional fine under sec. 13A; a 7-year-old under 57 inches who is buckled into a belt but not in a booster is a sec. 7AA violation by the driver, because sec. 7AA requires a child passenger restraint for that child. The Massachusetts booster seat laws page covers the child rules in detail.

Section 13A and Section 7AA Side by Side

Question	Section 13A (adults and ages 12 to 15)	Section 7AA (children)
Who it covers	Drivers and passengers in private passenger vehicles, vanpools and trucks under 18,000 pounds	Passengers under 8 (restraint unless over 57 inches) and under 13 (belt)
Who is fined	The driver for themselves; passengers 16 and over for themselves; the driver for passengers 12 to 15	The driver
Fine	$25	Not more than $25
Enforcement limit	Only after a stop for another violation or offense	No such limit in the text
Buses	Those involved in the operation of buses are listed among the exceptions	A child riding as a passenger in a school bus is excepted
Moving violation for insurance surcharges	No	No
Says anything about evidence in a civil case	No	Yes: a violation “shall not be used as evidence of contributory negligence in any civil action”

The last row is the one with real consequences after a crash, and it is the subject of a separate page: does not wearing a seatbelt hurt a Massachusetts car accident claim.

Is a Seatbelt Ticket a Traffic Violation, and Does It Raise Insurance?

A seatbelt ticket is a civil matter, not a crime. Chapter 90C, sec. 1 defines a civil motor vehicle infraction as an automobile law violation for which the maximum penalty does not provide for imprisonment, with narrow exceptions; sec. 13A sets a fine and nothing else. It is handled through the citation process in chapter 90C, sec. 3.

On insurance, both statutes speak directly. Section 13A provides that a violation “shall not be considered as a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums” under M.G.L. c. 175, sec. 113B. Section 7AA says the same about a child restraint violation. In other words, the statutes take a seatbelt citation out of the moving violation category that drives surcharges under the safe driver rules. They do not say anything about how an insurer might otherwise use the fact of a citation, and this page does not go further than the text.

How to Contest a Seatbelt Ticket

Section 13A says a person who receives a citation “may contest such citation pursuant to section three of chapter ninety C.” That section sets out the process:

1. Decide within twenty days. Within twenty days of the date of the citation, you must either pay the assessment or request a noncriminal hearing before a magistrate of the district court.
2. Request the hearing as the citation directs. A request for a hearing carries a $25 court filing fee under sec. 3. If you do not request a hearing within twenty days, you lose the right to one unless the registrar finds good cause for the delay.
3. Attend the hearing. The clerk-magistrate notifies you and the police agency of the date. At the hearing the citation is admissible and is prima facie evidence of the facts stated in it, so the officer’s written account can support a finding on its own unless it is answered.
4. Appeal if needed. If a magistrate who is not a justice decides the case, either side may appeal to a justice, who hears it fresh. An appeal carries a $50 fee.

Grounds that fit the statute’s own terms include that the vehicle or the person falls within one of the lettered exceptions, that the passenger was under 16 and so the fine belonged on the driver, or that the passenger was 16 or older and so it did not.

Answer Capsule

Not wearing a seatbelt is illegal in Massachusetts. M.G.L. c. 90, sec. 13A requires every driver and passenger in a private passenger vehicle, vanpool or truck under 18,000 pounds on a public way to wear a properly adjusted and fastened belt, in any seat, with exceptions for children covered by sec. 7AA, pre-1966 vehicles, physician-certified medical conditions, rural mail carriers, the operation of taxis, liveries, buses and heavy trucks, and certain antique side-facing seats. The fine is $25; drivers and passengers 16 and over pay their own, and the driver pays an additional $25 for each unbelted passenger aged 12 to 15. Police may enforce sec. 13A only after stopping the driver for another violation or offense. A violation is not a moving violation for insurance surcharges, and it can be contested within twenty days under c. 90C, sec. 3. Children are governed by sec. 7AA, whose fine falls on the driver.

After a Crash: Where the Seatbelt Law Ends

The seatbelt statute is a traffic rule. Once there has been a crash, three other statutes do most of the work.

PIP pays regardless. Personal injury protection under M.G.L. c. 90, sec. 34A pays medical expenses and part of lost wages up to at least $8,000 “without regard to negligence or gross negligence or fault of any kind.” Neither sec. 34A nor sec. 34M contains any seatbelt condition; the word does not appear in either. A claim for PIP benefits must be presented within two years from the date of the accident under sec. 34M.

Comparative fault is the general rule. Under c. 231, sec. 85, a person can recover as long as their own negligence “was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought,” with damages reduced by their share. The same section says the violation of a criminal statute, ordinance or regulation by a plaintiff that contributed to the injury is evidence of negligence but does not by itself bar recovery. Whether and how an adult’s seatbelt non-use can come in at all is the open question covered in the seatbelt defense page; see also how partial fault works.

The deadline is three years. Under c. 260, sec. 2A, an action of tort must be commenced within three years after the cause of action accrues. See the Massachusetts personal injury statute of limitations.

For the overall steps after a collision, see whether Massachusetts is a no-fault state and car accident information for Boston. Another fine-only rule contested the same way under c. 90C is the inspection sticker; see how much an inspection sticker costs in Massachusetts and the fine for an expired one.

Common Mistakes

• Thinking the back seat is exempt. It is not. Section 13A applies to any person who rides as a passenger.
• Thinking secondary enforcement means the law is optional. It limits when police may cite you, not whether the law applies.
• Assuming the passenger always pays. For passengers aged 12 to 15 the fine is the driver’s, and for children under sec. 7AA it is the driver’s too.
• Assuming a child in a belt is legal. A child under 8 who is 57 inches or shorter must be in a child passenger restraint, not just a belt; the Massachusetts booster seat law explains when a child can move to the belt.
• Treating a seatbelt ticket like a speeding ticket for insurance. The statute says it is not a moving violation for surcharge purposes.
• Missing the twenty-day window. A citation that is neither paid nor contested within twenty days loses the hearing unless the registrar finds good cause.

Key terms

• Secondary enforcement: a rule that lets police cite a seatbelt violation only after stopping the vehicle for a different violation or offense.
• Way: under c. 90, sec. 1, a public highway, a private way laid out under statute, a way dedicated to public use, or a way under park commission control.
• Child passenger restraint: a car seat or booster required by c. 90, sec. 7AA for a passenger under 8 who is 57 inches or shorter.
• Civil motor vehicle infraction: under c. 90C, sec. 1, an automobile law violation whose maximum penalty does not include imprisonment, with narrow exceptions.
• Noncriminal hearing: the hearing before a district court magistrate that a person requests under c. 90C, sec. 3 to contest a citation.
• Surcharge: an increase in a motor vehicle insurance premium tied to at-fault accidents and moving violations under c. 175, sec. 113B.

Frequently Asked Questions

Q: Is it illegal not to wear a seatbelt in Massachusetts?

A: Yes. M.G.L. c. 90, sec. 13A requires every driver and passenger in a private passenger vehicle, vanpool or truck under 18,000 pounds on a public way to wear a properly adjusted and fastened safety belt, with a $25 fine. Police may enforce it only after stopping the driver for another violation or offense.

Q: Do back-seat passengers have to wear a seatbelt in Massachusetts?

A: Yes. Section 13A applies to any person who rides as a passenger and does not distinguish the front seat from the back. A back-seat passenger 16 or older is fined personally; for a passenger aged 12 to 15 the driver is fined.

Q: Can police pull you over just for not wearing a seatbelt in Massachusetts?

A: No, not under sec. 13A. The statute says it shall be enforced only when the operator has been stopped for a violation of the motor vehicle laws or some other offense. Once the car is stopped for another reason, the officer can cite the seatbelt violation.

Q: How much is a seatbelt ticket in Massachusetts?

A: Twenty-five dollars under sec. 13A, for the driver and for each passenger 16 or older who is not belted. The driver also faces an additional $25 for each unbelted passenger aged 12 to 15. For children covered by sec. 7AA, the fine on the driver is not more than $25.

Q: Does a seatbelt ticket raise my insurance in Massachusetts?

A: The statute says a sec. 13A violation shall not be considered a conviction of a moving violation for the purpose of determining surcharges on motor vehicle premiums under c. 175, sec. 113B. Section 7AA says the same for child restraint violations.

Q: Who gets the ticket if my child is not buckled?

A: The driver. Section 7AA, which governs children under 8 and under 13, fines the operator. Under sec. 13A the driver is also the one fined for an unbelted passenger aged 12 to 15.

Q: Does not wearing a seatbelt affect an injury claim after a crash?

A: It does not bar a claim, and PIP under c. 90, sec. 34A has no seatbelt condition. Whether a defendant can use an adult’s non-use to reduce damages is an unsettled question in Massachusetts, covered on the seatbelt defense page. For children, sec. 7AA says a violation shall not be used as evidence of contributory negligence in any civil action.

Q: How do I fight a seatbelt ticket in Massachusetts?

A: Under c. 90C, sec. 3, you have twenty days from the citation to pay or request a noncriminal hearing before a district court magistrate, with a $25 court filing fee for the request. Either side can appeal a magistrate’s decision to a justice, with a $50 fee for the appeal.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This page is general information about Massachusetts law for educational purposes. It is not legal advice for your situation and does not create an attorney-client relationship. For advice about your own case, call Jim Glaser Law at (617) JIM-WINS.

Talking to a Lawyer

A $25 citation is rarely the problem. The problem is when, after a crash, an insurer points to an unfastened belt to argue that your injuries are your own fault. If you were hurt and the seatbelt question has come up, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free. This page is general information about the law, not legal advice about your situation.