Colorado Seat Belt Law – 3 Things You Need To Know

Colorado enforces strict seat belt laws, especially with regard to child passengers. Below I go over three things you need to know about Colorado’s seat belt regulations and the consequences of non-compliance, which can include monetary fines and points on your driver’s license.

1) Backseat Passengers Do NOT Have To Wear Seat Belts

Colorado law requires fastened safety belts for drivers and front-seat passengers while the vehicle is in operation on a street or highway. Backseat passengers do not have to wear seat belts, though they are strongly advised to.

Penalties

Colorado makes it a class B traffic infraction for drivers and front-seat passengers not to wear a seat belt. This carries $65 in fines plus a $6 surcharge.

However, not wearing a seat belt is a “secondary enforcement offense.” This means police cannot pull you over and cite you just because of a seat belt violation: You must be stopped for another alleged traffic violation (such as speeding or failure to yield), and if you are also not wearing a seat belt, only then may the police cite you for it.

Exceptions

The following people do not have to wear seat belts in Colorado:

• Individuals with a physically or psychologically disabling condition that prevents appropriate restraint by a safety belt system if they have a written statement from a physician certifying the condition and explaining why restraint is inappropriate.
• Occupants of vehicles not equipped with seat belt systems as required by federal law.
• Rural letter carriers of the United States Postal Service while performing their duties.
• Persons operating a motor vehicle for commercial or residential delivery or pickup service (though they are required to wear a seat belt during the time period prior to the first stop and after the last stop).
• Members of an ambulance team, other than the driver, while involved in patient care.
• Peace officers performing official duties, subject to specific rules and regulations.¹

Drivers and front-seat passengers must wear seat belts in Colorado.

2) Minor Passengers Must Be Secured

The requirements for child restraints in Colorado are based on a child’s age, weight, and height:

• Children under 2 years old and under 40 pounds: Must be properly secured in a rear-facing child restraint system in a rear seat of the vehicle, if available.
• Children under 4 years old and weighing more than 40 pounds: May use a forward-facing child restraint system. They must be in the back seat if available.
• Children 2 or 3 years old and weighing at least 20 pounds: May use a forward-facing child restraint system. They must be in the back seat if available.
• Children from 4 to 8 years old and at least 40 pounds: Must continue to ride in a child restraint system in the back seat if available. This can be a five-point harness car seat or a booster seat that uses the vehicle’s lap and shoulder seat belt, depending on the child’s size and the manufacturer’s instructions. Children should remain in a booster seat until they can be properly fitted by a vehicle’s regular seat belt.
• Children from 9 and 18 years old: Must be properly restrained in a seat belt or child restraint system. The seat belt must fit properly, meaning the lap belt lies across the upper thighs (not the stomach), and the shoulder belt crosses the chest and collarbone (not the neck or face).

Penalties

Colorado’s child restraint law is a “primary enforcement” law, meaning police can stop you and cite you solely if a child passenger is not properly secured. As discussed above, police cannot stop you solely because an adult driver or front-seat passenger is unsecured.

Adults failing to properly restrain a child passenger can be cited for a class B traffic infraction. This carries a $65 fine and a $16 surcharge.

Meanwhile, drivers under 18 and all their passengers, regardless of age, must wear seat belts. Violations of this rule by a minor driver is a class A traffic infraction, and results are harsher with each successive conviction:

• 1st Offense:  Up to $65; 8 to 24 hours; and 2 points added to your driver’s license.
• 2nd Offense:  Up to $130; 16 to 40 hours of community service; and 2 points added to your driver’s license.
• Subsequent Offenses:  Up to $195; 16 to 40 hours of community service; and 2 points added to your driver’s license.

Accumulating too many points on your driving record can lead to your license being suspended.²

Minors (under 18 years old) must be properly secured in motor vehicles.

3. Not Wearing a Seat Belt Can Affect Personal Injury Settlements

If you are the victim of a car crash in Colorado, the at-fault driver can argue that you not wearing a seat belt aggravated your injuries. If the court agrees, the at-fault driver may owe you a smaller monetary award.

The defendant can present this “seat belt defense” even if you were never cited for a seat belt violation at the scene of the accident. All they have to show is “sufficient evidence” that you failed to wear a seat belt.³

Therefore, even if you are an adult-aged backseat passenger, be sure to wear a seat belt. This can help you recover the maximum damages in the event you are injured in a car crash.

All passengers should wear a seat belt, even if Colorado law does not require it.

Additional Resources

For more information, refer to the following:

• Colorado General Assembly: Seat Belt Law – Summary of state seat belt laws.
• Colorado Department of Safety: Seat Belts – Statistics re. seat belt safety.
• Children’s Hospital Colorado: Car Seat Safety Laws – Guidance for Parents.
• Colorado State Patrol: Seat Belts – Fatality Statistics for 2020.
• CPR News article – “Coloradans don’t use their seat belts as much as other Americans. How do we snap out of it?” (March 24, 2025).