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HB 3388

Allows for primary enforcement of the seat belt law

2026 Regular Session

Making wearing a seat belt a primary offense allows police to stop and cite drivers and front-seat passengers solely for belt non-use.

Referred: Emerging Issues(H)
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Bill Summary · HB 3388

Overview

Missouri House Bill 3388 (HB 3388), introduced in the 2026 session, would repeal current law and enact a new section establishing that wearing a seat belt is a primary offense. This means law enforcement could stop and cite a driver (and front-seat passenger) solely for not wearing a seat belt, rather than needing another traffic violation to justify the stop.

Main purpose and intent

  • To convert seat belt violations from a secondary offense to a primary offense, increasing enforcement ability and potential penalties for noncompliance.
  • To support seat belt use and enhance road safety by enabling officers to address belt use at the point of traffic contact.

Key provisions and changes

  • Definition: Replaces the existing section with a new section (307.178) defining “passenger car” as vehicles designed for ten persons or less, excluding motorcycles, motorized bicycles, motor tricycles, and heavy trucks (gross weight ≥ 12,000 pounds).
  • Primary offense for belt use:
    • Drivers and front-seat passengers of a passenger car (manufactured after Jan 1, 1968) must wear a properly adjusted and fastened safety belt meeting federal standards.
    • Medical or agricultural exemptions are preserved in certain circumstances (e.g., medical reasons, specific agricultural activity).
    • Exemption does not apply to child restraint requirements under section 307.179.
  • Child safety:
    • Drivers of vehicles transporting a child under 16 must ensure the child is secured with a proper restraint under section 307.179 (child seat/seat belt requirement).
  • Civil damages and negligence:
    • In civil actions about ownership, maintenance, or operation of a motor vehicle, failure to wear a seat belt cannot be used as evidence of comparative negligence.
    • However, failure to wear a belt can be admitted to mitigate damages if certain conditions are met (expert evidence proving belt non-use contributed to injuries; potential reduction of up to 1% of damages after other reductions for comparative negligence).
    • In vehicle design/manufacture/marketing defect cases, belt non-use can be admitted as evidence of negligence, fault, or mitigation of damages.
  • Penalties:
    • Violations are punishable as an infraction with a fine not to exceed $10.
    • No court costs shall be imposed for a seat belt violation.
    • No points on the driving record for violations of this section (no driving-privilege points under §302.302).
  • Public information and evaluation:
    • The state highways and transportation commission must develop a public information program to promote compliance.
    • The commission must evaluate the section’s effectiveness and include findings in its annual highway safety plan evaluation report to NHTSA and FHWA.
  • Passenger seating rule if belts are insufficient:
    • If there are more passengers than seat belts, those without belts must sit in the area behind the front seat, unless the vehicle is front-seated only.
    • This provision does not apply to passengers accompanied by a driver licensed under section 302.178.

Who would be affected

  • Drivers and front-seat passengers in passenger cars (as defined) would be directly subject to primary enforcement for belt use.
  • Owners and operators of vehicles that fit the definition of passenger cars (ten passengers or fewer) and all occupants under 16 in such vehicles would be affected by child restraint requirements.
  • Individuals with medical exemptions or agricultural operators may have limited exemptions, as specified.
  • Civil plaintiffs and defendants in motor-vehicle-related lawsuits could see belt non-use used differently in damages and negligence considerations.
  • Law enforcement agencies and the Missouri Department of Transportation (via the public information program and reporting) would be involved in enforcement and evaluation.

Procedural and timeline aspects

  • Status: Referred to Emerging Issues (H) as of May 15, 2026; previously introduced and read in the House, with second reading on Feb 25, 2026.
  • Implementation: Requires promulgation of a public information program and ongoing evaluation by the state highways and transportation commission.
  • Reporting: Commission’s findings to be included in the annual highway safety plan evaluation for federal reporting (to NHTSA and FHWA under 23 U.S.C. §402).

Potential impact

  • Enforcement: Expect increases in belt-use stops and potential belt-use citations, given primary offense status.
  • Safety outcomes: Potential improvement in seat belt usage rates and related injury severity reductions in crashes.
  • Legal landscape: Shifts in civil litigation considerations regarding negligence and damages in belt-nonuse scenarios.
  • Administrative: Additional responsibilities for enforcement and public outreach, with periodic evaluation reporting.

Compiled from official sources — confirm details with the bill’s official record.

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