Idaho Code
Idaho Code § 49-673 (2026)
Safety restraint use.
✓ current as of May 2026
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Safety restraint use.
(1) Except as provided in section 49-672, Idaho Code, and subsection (2) of this section, each occupant of a motor vehicle that has a gross vehicle weight of not more than eight thousand (8,000) pounds, and that was manufactured with safety restraints in compliance with federal motor vehicle safety standard no. 208, shall have a safety restraint properly fastened about the occupant’s body at all times when the vehicle is in motion.
(2) The provisions of this section shall not apply to:
(a) An occupant of a motor vehicle who possesses a written statement from a licensed physician that the occupant is unable for medical reasons to wear a safety restraint;
(b) Occupants of motorcycles, implements of husbandry and emergency vehicles;
(c) Occupants of seats of a motor vehicle in which all safety restraints are then properly in use by other occupants of that vehicle; or
(d) Mail carriers only if all vehicle regulations and safety practices of the United States postal service are adhered to.
(3)(a) A citation may be issued to:
(i) Any occupant of the motor vehicle who is age eighteen (18) years or older and fails to wear a safety restraint as required in this section; and
(ii) The operator of the motor vehicle who is age eighteen (18) years or older if any occupant under eighteen (18) years of age fails to wear a safety restraint as required in this section. For purposes of this subparagraph, it shall be deemed a single violation regardless of the number of occupants not properly restrained.
(b) A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00). A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code, nor shall such a conviction be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.
(4) A citation may be issued to the operator of the motor vehicle if the operator is under eighteen (18) years of age and the operator or any other occupant who is under eighteen (18) years of age fails to wear a safety restraint as required in this section. For purposes of this subsection, it shall be deemed a single violation regardless of the number of occupants not properly restrained. A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00), plus court costs. A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code. In addition, a conviction under this subsection shall not be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.
(5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law.
(6) The department shall initiate and conduct an educational program, to the extent sufficient private donations or federal funds for this specific purpose are available to the department, to encourage compliance with the provisions of this section and to publicize the effectiveness of use of safety restraints and other restraint devices in reducing risk of harm to occupants of motor vehicles.
(7) The department shall evaluate the effectiveness of the provisions of this section and shall include a report of its findings in its annual evaluation report on the Idaho highway safety plan which it submits to the national highway traffic safety administration and federal highway administration pursuant to 23 U.S.C. section 402.
(8) The failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence, nor shall such failure be admissible as evidence in any civil action with regard to negligence.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1990–2021 · leading case: State v. Roe, 90 P.3d 926 (Idaho Ct. App. 2004).
State v. Roe, 90 P.3d 926 (Idaho Ct. App. 2004). “In granting the motion to suppress, the district court ruled that stopping a motorist for a seatbelt violation pursuant to I.C. § 49-673 did not constitute a valid traffic stop and that the police had no grounds to search Roe's shorts incident to a search of the vehicle.”
Hudelson v. Delta Int'l Mach. Corp., 127 P.3d 147 (Idaho 2005). “Did the district judge err in holding that former Idaho Code § 49-673 (6) is constitutional? H.”
Kirk v. Ford Motor Co., 116 P.3d 27 (Idaho 2005). “THE KIRKS WAIVED OBJECTION TO THE ADMISSION OF SEAT BELT EVIDENCE In 1988 the legislature added I.C. § 49-673(8), which states: The failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence, nor shall…”
State v. Nathan David Neal, 362 P.3d 514 (Idaho 2015). “§ 49-672 (requiring child safety seats); I.C. § 49-673 (requiring use of seatbelts).”
Garcia v. Gen. Motors Corp., 990 P.2d 1069 (Ariz. Ct. App. 1999). “” Idaho Code § 49-673 (6). The court reasoned that Idaho law should apply because the accident occurred in Idaho and Plaintiff had a reasonable expectation that Idaho law would apply to conduct that occurred in that state.”
State v. Betterton, 903 P.2d 151 (Idaho Ct. App. 1995). “Idaho Code § 49-673 (3) states in part: If a person is convicted of a violation of any traffic law, other than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code, relating to proof of liability insurance, it shall be an additional infraction for any person…”
Magee v. J.R. Simplot Co. (D. Idaho 2021). “Plaintiffs argue that Idaho Code § 49-673 (8) prohibits Defendant from introducing evidence of this fact to prove contributory or comparative negligence.”
Forsberg v. Volkswagen of Am., Inc., 769 F. Supp. 33 (D.N.H. 1990). “Transportation Code Ann. § 22-412.3 (1988); Mo.Ann.Stat.”
State v. Martin H. Bettwieser (Idaho Ct. App. 2013). “BACKGROUND Bettwieser was cited for the traffic infraction of driving without a safety restraint, in violation of Idaho Code § 49-673 . On July 27, 2010, a notice of hearing was filed stating that a “court trial conference” was scheduled for August 31, 2010.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2013). “L’Abbe was cited for failing to use a safety restraint, a violation of I.C. § 49-673(3)(a)(i). Following a bench trial, L’Abbe was found guilty and ordered to pay a $10 fine.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2016). “L’Abbe was charged with the citable offense of failure to use a safety restraint in Idaho under I.C. § 49-673(3)(a)(i), which is a part of the Idaho Traffic Infractions Act.”
— Idaho Code § 49-673(1) — 1 case
State v. Roe, 90 P.3d 926 (Idaho Ct. App. 2004). “In granting the motion to suppress, the district court ruled that stopping a motorist for a seatbelt violation pursuant to I.C. § 49-673 did not constitute a valid traffic stop and that the police had no grounds to search Roe's shorts incident to a search of the vehicle.”
— Idaho Code § 49-673(3) — 1 case
State v. Betterton, 903 P.2d 151 (Idaho Ct. App. 1995). “Idaho Code § 49-673 (3) states in part: If a person is convicted of a violation of any traffic law, other than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code, relating to proof of liability insurance, it shall be an additional infraction for any person…”
— Idaho Code § 49-673(3)(a)(i) — 2 cases
State v. Stephen D. L'Abbe (Idaho Ct. App. 2013). “L’Abbe was cited for failing to use a safety restraint, a violation of I.C. § 49-673(3)(a)(i). Following a bench trial, L’Abbe was found guilty and ordered to pay a $10 fine.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2016). “L’Abbe was charged with the citable offense of failure to use a safety restraint in Idaho under I.C. § 49-673(3)(a)(i), which is a part of the Idaho Traffic Infractions Act.”
— Idaho Code § 49-673(8) — 2 cases
Kirk v. Ford Motor Co., 116 P.3d 27 (Idaho 2005). “THE KIRKS WAIVED OBJECTION TO THE ADMISSION OF SEAT BELT EVIDENCE In 1988 the legislature added I.C. § 49-673(8), which states: The failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence, nor shall…”
Magee v. J.R. Simplot Co. (D. Idaho 2021). “Plaintiffs argue that Idaho Code § 49-673 (8) prohibits Defendant from introducing evidence of this fact to prove contributory or comparative negligence.”
— Idaho Code § 49-673(8)(2004) — 1 case
Kirk v. Ford Motor Co., 116 P.3d 27 (Idaho 2005). “THE KIRKS WAIVED OBJECTION TO THE ADMISSION OF SEAT BELT EVIDENCE In 1988 the legislature added I.C. § 49-673(8), which states: The failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence, nor shall…”
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