The Massachusetts seat belt law requires every driver and passenger in a private passenger vehicle, vanpool, or truck under 18,000 pounds to wear a properly fastened seat belt in every seating position that has one. The fine is $25. Police use secondary enforcement, so a missing seat belt alone is not grounds for a stop; an officer can add the citation only after pulling you over for something else.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 13A The bigger consequences show up somewhere else entirely: in what happens to an injury claim if you weren’t buckled up.
Who Has to Wear One
Chapter 90, Section 13A covers everyone riding in a private passenger vehicle, vanpool, or truck weighing less than 18,000 pounds, in any seat equipped with a belt. Front, back, middle: if there’s a belt at your position, you wear it.2General Court of Massachusetts. Massachusetts Code Chapter 90 Section 13A
Some vehicles fall outside the statute. Taxis, livery vehicles, buses, tractors, trucks with a gross weight of 18,000 pounds or more, and passengers in authorized emergency vehicles are not covered. Neither are vehicles built before July 1, 1966, since many left the factory with no belts to fasten.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 13A
Children under 12 sit under a different rule, Section 7AA, with its own age and height requirements. See the child restraint section below.
The $25 Fine and Who Pays
The fine is $25 per unbelted person, but who actually owes it depends on age:
- Passengers 16 and older pay their own $25 fine.
- For passengers ages 12 through 15, the driver pays $25 per unbelted passenger.
- For children under 12, the driver faces a fine of up to $25 under the child restraint law.
An unbelted driver also owes $25 for themselves. A driver riding without a belt and carrying two unbuckled 14-year-olds can leave a single stop owing $75.2General Court of Massachusetts. Massachusetts Code Chapter 90 Section 13A
What Secondary Enforcement Means
Massachusetts is a secondary enforcement state. An officer cannot pull you over solely for not wearing a seat belt. The citation can only be added after a stop for a separate violation.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 13A Obey the rest of the traffic code and an unbuckled belt, by itself, will not put you at the curb.
Exceptions Beyond the Vehicle List
Section 13A also carves out a few individual exemptions:
- A physical condition that makes wearing a belt impractical or dangerous, documented by a written physician’s certificate describing the condition and why a belt isn’t appropriate.
- U.S. Postal Service rural carriers while making their rounds.
- Side-facing seats in a vehicle owned for antique collection purposes, but only where no belt was factory-installed at that position. If someone has added aftermarket belts to a classic car, the law expects them to be used.2General Court of Massachusetts. Massachusetts Code Chapter 90 Section 13A
Child Restraint Rules
Section 7AA governs children under 12, and the requirements depend on age and height:
- Under 8 and shorter than 57 inches: a federally approved child passenger restraint, fastened and secured according to the manufacturer’s instructions.
- Ages 8 through 12, or under 8 but taller than 57 inches: a properly adjusted seat belt.
The driver is responsible for making sure children are properly restrained, and a violation carries a fine of up to $25.3General Court of Massachusetts. Massachusetts Code Chapter 90 Section 7AA
Insurance Rates Are Not Affected
A seat belt ticket is not treated as a moving violation for insurance surcharge purposes. The statute says so directly, and the same protection applies to child restraint violations under Section 7AA.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 13A3General Court of Massachusetts. Massachusetts Code Chapter 90 Section 7AA No points, no premium hike. The $25 is the whole financial cost of the citation itself.
Where an Unbuckled Belt Really Costs You
The bigger consequence is not the fine. It’s what happens if you get hurt in a crash and try to recover from the at-fault driver.
For adults, the Massachusetts Supreme Judicial Court held in Shahzade v. C.J. Mabardy, Inc. (1992) that evidence of a plaintiff’s failure to wear a seat belt may be admissible to prove comparative negligence, provided the defense can show the failure contributed to the injuries. In plain terms, an insurance company or defense lawyer can argue your injuries would have been less severe with the belt on, and the value of your claim can be reduced accordingly.
For children, the rule runs the other way. Section 7AA expressly prohibits using a child restraint violation as evidence of contributory negligence in any civil action.3General Court of Massachusetts. Massachusetts Code Chapter 90 Section 7AA A child’s recovery cannot be trimmed because they weren’t in the right seat or booster.
Massachusetts is a no-fault state. Your own Personal Injury Protection coverage pays medical expenses up to $8,000 and a portion of lost wages regardless of who caused the crash.4Mass.gov. Basics of Auto Insurance If your medical costs exceed $2,000 or your injuries are serious, you can step outside no-fault and sue the at-fault driver. That is when seat belt use gets raised, and if you weren’t wearing one, expect it to be raised.