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H 694

RULES OF THE ROAD – Amends existing law to revise provisions regarding the failure to use safety restraints as evidence in civil actions to limit an injured party’s damages.

68th Legislature, 2nd Regular Session (2026)

Failure to wear a seat belt cannot be used as evidence to limit damages in civil cases; penalties remain small and enforcement includes education.

Reported Printed and Referred to Judiciary, Rules & Administration
#civilactions #courts #highways #motorvehicles #safety
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Bill Summary · H 694

Summary of Idaho House Bill 694 (2026)

Overview

  • Jurisdiction: Idaho
  • Session: 2026, Sixty-eighth Legislature, Second Regular Session
  • Bill: HB 694
  • Primary purpose: Clarify that failure to use a safety restraint (seat belt) cannot be used as evidence to limit an injured party’s damages in civil actions. The bill also revises penalties and maintains existing exemptions, with an emergency clause making it effective July 1, 2026.

What the bill does (Key provisions)

1) Safety restraint use requirements (Section 49-673, Idaho Code)

  • Reiterates that occupants of motor vehicles with gross vehicle weight ≤ 8,000 pounds and equipped with safety restraints per FMVSS No. 208 must wear a properly fastened safety restraint while the vehicle is in motion.
  • Specifies exemptions:
    • Occupants with a physician’s written statement certifying medical inability to wear a restraint
    • Occupants of motorcycles, implements of husbandry, and emergency vehicles
    • Occupants of seats where all restraints are in use by others in the vehicle
    • Mail carriers if USPS vehicle regulations/practices are followed

2) Citations and penalties (Section 49-673(3) and (4))

  • Adults 18+ may receive a citation for not wearing a seat belt.
  • If any occupant under 18 is not restrained, the operator may be cited (single violation, regardless of number of unrestrained occupants).
  • Fines:
    • $10 for each eligible violation (citation)
    • No moving violation points counted against driving record
    • Not counted as a moving traffic violation for insurance premium calculations
    • For under-18 operator violations, a fine of $10 plus court costs (still no points or insurance impact)

3) Enforcement and education (Section 49-673(5)-(7))

  • Enforcement may be a secondary action: officers can issue a citation only after the operator has been detained for a suspected other violation.
  • Department duties:
    • Initiate/continue an educational program to promote seat belt use (funding is contingent on private donations or federal funds)
    • Evaluate program effectiveness and report findings in the annual Idaho highway safety plan evaluation to federal agencies

4) Critical evidentiary provision (Section 49-673(8))

  • Explicitly states: Failure to use a safety restraint shall not be considered, under any circumstances, as evidence of contributory or comparative negligence.
  • Such failure shall not be admissible as evidence in any civil action regarding negligence to limit an injured party’s damages.

Affected parties and impacts

  • Vehicle occupants (18+) and drivers (18+): Potential $10 citation for non-use; no points on driving record; no impact on insurance rates from such a citation.
  • Under-18 occupants and operators: Similar $10 fine; no points; no insurance rate impact; enforcement may involve the vehicle operator.
  • Civil action plaintiffs/defendants: Core impact is procedural—the failure to wear a seat belt cannot be used to reduce damages in negligence cases. This aims to prevent a seat belt violation from shifting liability or damages in civil litigation.
  • Law enforcement: Will enforce seat belt use as a secondary action; penalties remain modest.
  • Idaho Department of Transportation/Highway Safety Program: Responsible for educational campaigns and annual evaluations, contingent on funds.

Timeline and effective date

  • Emergency clause: The act declares an emergency and becomes effective on and after July 1, 2026.
  • Administrative notes: Bill includes a provision for ongoing reporting and evaluation in line with federal highway safety reporting.

Fiscal note

  • Stated: No impact to the General Fund or Local Government Fund.

Plain-language takeaway

HB 694 reinforces seat belt use but, more importantly, ensures that a person’s decision not to wear a seat belt cannot be used in civil court to limit the damages awarded to an injured party. It tightens the evidentiary standard in civil cases (protecting plaintiffs) while maintaining current penalties for non-compliance (small fines) and creating a secondary-enforcement framework balanced with educational efforts. The bill takes effect July 1, 2026.

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

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