Except for New Hampshire, all states and the District of Columbia require adult front-seat occupants of motor vehicles to use seat belts. Adult rear-seat passengers are also covered by the laws in 31 states and the District of Columbia. Children are covered by separate laws.
State seat belt laws are divided into two categories: primary and secondary. Primary seat belt laws allow law enforcement officers to stop a motor vehicle and to issue a ticket or citation to a driver or passenger for not wearing a seat belt without any other traffic offense having occurred. Secondary seat belt laws only allow law enforcement officers to issue a ticket or citation for not wearing a seat belt when there has been another traffic offense by an occupant of the vehicle for which the occupant may be issued a ticket or citation.
In West Virginia (WV), seat belt use is mandated by law for drivers and front-seat passengers with the state's primary seat belt law. This means that law enforcement officers in WV have the authority to stop a vehicle and issue a citation solely for a seat belt violation without the need for any other traffic offense to have occurred. Additionally, WV law requires all occupants under the age of 18 to wear a seat belt or be otherwise restrained, regardless of where they are seated in the vehicle. For adult rear-seat passengers, West Virginia does not currently have a law that mandates the use of seat belts. However, it is always recommended for safety reasons that all passengers wear seat belts. Child passenger safety is also addressed with specific laws requiring appropriate car seats and restraints for children of certain ages and sizes.