Mississippi Code
Miss. Code Ann. § 63-2-1 (2026)
Requirement of use of safety seat belt system by operator and passengers in passenger motor vehicle; protection of children
✓ current as of July 2026
- (1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator and every passenger shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208.
- (2) "Passenger motor vehicle" for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles that are not autocycles as defined in Section 63-3-103, mopeds, all-terrain vehicles or trailers.
- (3) This section shall not apply to:
- (a) Vehicles which may be registered for "farm" use, including "implements of husbandry" as defined in Section 63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a);
- (b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons;
- (c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty;
- (d) Buses; or
- (e) A child who is required to be protected by the use of a child passenger restraint device or system or a belt-positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311.
Laws, 1990, ch. 436, § 1; Laws, 1998, ch. 501, § 1; Laws, 2008, ch. 520, § 2, eff. 7/1/2008.
Amended by Laws, 2017, ch. 403, SB 2724, 1, eff. 7/1/2017.
Amended by Laws, 2015, ch. 406, HB 111, 6, eff. 7/1/2015.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1997–2025 · leading case: Austin v. State, 72 So. 3d 565 (Miss. Ct. App. 2011).
Austin v. State, 72 So. 3d 565 (Miss. Ct. App. 2011). “Officer Luckey testified at trial that he observed that neither Austin nor his passengers were wearing seat belts while riding in the vehicle, which is a violation of Mississippi Code Annotated section 63-2-1(1) (Supp.2010). Section 63-2-1(1) states that “[w]hen a passenger…”
Comer v. Preferred Risk Mut. Ins. Co., 1999 OK 86 (Okla. 1999). “g, Miss.Code Ann. § 63-2-1 (Supp.1998) [Persons between 4 and 8 required to wear seat belt]; La.”
Boyd Tunica, Inc. v. Premier Transp. Servs., Inc., 30 So. 3d 1242 (Miss. Ct. App. 2010). “Mississippi’s mandatory seat-belt law, codified as Mississippi Code Annotated sections 63-2-1 through 63-2-7 (Rev.2004), requires the operator, every front-seat passenger, and every child under seven years of age to wear their seat belts fastened when riding in a passenger motor…”
Cooper v. Gen. Motors Corp., 702 So. 2d 428 (Miss. 1997). “[10] Apparently, the majority is under the impression that even Miss. Code Ann. § 63-2-1 et seq., Mississippi's mandatory seat belt law, requiring front seat occupants to buckle up, can now be preempted by federal law.”
Nowell v. State, 246 So. 3d 77 (Miss. Ct. App. 2018). “In the present case, Officer Gore testified that he initiated the traffic stop because he noticed that neither Stovall nor Nowell was wearing a seatbelt. Based on this testimony, the circuit court found that probable cause existed and that Officer Gore initiated a…”
Strange Ex Rel. Strange v. Itawamba Cnty. Sch. Dist., 9 So. 3d 1187 (Miss. Ct. App. 2009). “Mississippi Code Annotated section 63-2-1 (Supp.2008) requires every operator, front seat passenger and child under seven (7) years of age who is not required to be protected by a child passenger restrain device to wear a seal belt.”
Taylor v. State, 587 S.E.2d 791 (Ga. Ct. App. 2003). “” 3 Mississippi has a seat belt law, Miss. Code Ann. § 63-2-1 (2003), and seat belts are required equipment for passenger cars, Miss.”
Jones v. State, 958 So. 2d 840 (Miss. Ct. App. 2007). “2004), and driving without a seatbelt under Mississippi Code Annotated section 63-2-1 (Rev.2004). Because this was Jones' second DUI conviction occurring within five years, he was sentenced under Mississippi Code Annotated section 63-11-30(2)(b) (Rev.”
Carl Maurice Wallace v. State of Mississippi (Miss. Ct. App. 2019). “” Miss. Code Ann. § 63-2-1 (Rev. 2013).2 When Wallace drove the white SUV down Main Street without wearing his seatbelt, he committed a traffic violation, which provided Deputy Bailey with probable cause to stop his car.”
Harris v. Dobbins (S.D. Miss. 2023). “”) (citation omitted); Miss. Code Ann. § 63-2-1 (“When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator and every passenger shall wear a properly fastened safety seat belt system .”
James Emmitt Poole a/k/a James Poole v. State of Mississippi (Miss. Ct. App. 2025). “Poole presents a lengthy argument concerning the “Mandatory Use of Safety Seat Belts” ( Miss. Code Ann. §§ 63-2-1 to -7 (Rev. 2022)) and the “Rules of the Road” ( Miss.”
— Miss. Code Ann. § 63-2-1(1) — 1 case
Austin v. State, 72 So. 3d 565 (Miss. Ct. App. 2011). “Officer Luckey testified at trial that he observed that neither Austin nor his passengers were wearing seat belts while riding in the vehicle, which is a violation of Mississippi Code Annotated section 63-2-1(1) (Supp.2010). Section 63-2-1(1) states that “[w]hen a passenger…”
— Miss. Code Ann. § 63-2-1(2) — 1 case
Boyd Tunica, Inc. v. Premier Transp. Servs., Inc., 30 So. 3d 1242 (Miss. Ct. App. 2010). “Mississippi’s mandatory seat-belt law, codified as Mississippi Code Annotated sections 63-2-1 through 63-2-7 (Rev.2004), requires the operator, every front-seat passenger, and every child under seven years of age to wear their seat belts fastened when riding in a passenger motor…”
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