Colorado seat belt law

Colorado Seat Belt Law in 2026: 7 Things You Should Know Before a Penalty

Did you know the Colorado seat belt law was significantly updated just recently? Whether you are driving on I-25 through Denver or heading up I-70 toward the mountains, these rules apply every time you get behind the wheel. Here are seven key things every Colorado driver needs to know in 2026.

1. Drivers and Front Seat Passengers Must Buckle Up

Colorado law requires the driver and every front seat passenger of a motor vehicle to wear a seat belt whenever the vehicle is in operation on a street or highway. This applies to most passenger vehicles, including cars, vans, and trucks with a gross vehicle weight rating of 10,000 pounds or less.

Backseat passengers are not legally required to wear seat belts, though it is strongly encouraged for safety reasons.

2. Adult Seat Belt Violations Are a Secondary Offense

Violating the seat belt law is a secondary offense, meaning that drivers may not be cited for failure to wear a seat belt unless stopped by a law enforcement officer for an alleged violation of another law.

3. The Adult Fine Is $65 Plus a Surcharge

A driver in violation of the seat belt law commits a Class B traffic infraction and is subject to a $65 fine and a $6 surcharge. This violation does not add points to your driver’s license.

4. Teen Drivers Face Primary Enforcement

Colorado’s Graduated Drivers’ Licensing law requires all drivers under 18 and their passengers, regardless of age, to wear seat belts. This is a primary enforcement, meaning teens can be pulled over simply for not wearing a seat belt or having passengers without seat belts.

5. Child Passenger Safety Rules Got Stricter in 2025

In June 2024, Governor Jared Polis signed HB24-1055, updating Colorado’s child passenger safety law. These updates became effective January 1, 2025, and reflect the latest research-based recommendations on car seat, booster seat, and seat belt use for children. Key changes include the following.

Rear-Facing Car Seat Requirement Extended

Children under 2 years old and weighing under 40 pounds must be restrained in a rear-facing car seat in the rear seat if available, up from the prior requirement of under 1 year old and under 20 pounds.

Booster Seat Age Raised to 9

Children must now use a car seat or booster seat until they are 9 years old, up from the previous threshold of under 8 years old.

Seat Belt Requirement Now Covers Ages Up to 18

Children must be restrained by a seat belt until the age of 18, which was previously 16 under the prior version of the law.

6. Child Restraint Violations Are a Primary Offense

Colorado’s Child Passenger Safety law is a primary enforcement, meaning the driver can be stopped and ticketed if an officer sees an unrestrained or improperly restrained child under the age of 18 in the vehicle. Parents or caregivers caught with an improperly restrained child can receive a minimum fine of $82.

7. Not Buckling Up Can Limit Your Injury Compensation

Under C.R.S. Section 42-4-237(7), the seat belt defense has limitations. Failure to wear a seat belt cannot be used as evidence of negligence, but it can be used to reduce damages for injuries that could have been prevented by seat belt use. The maximum reduction in damages due to the seat belt defense is limited to 5% of the total awarded damages.

Final Takeaway for Colorado Drivers

The Colorado seat belt law protects everyone from Fort Collins to Pueblo. New child passenger safety rules now cover passengers up to age 18. Always buckle up, keep every child properly restrained under the updated 2025 law, and speak with a licensed Colorado attorney if you have questions after a crash.

Leave a Comment

Your email address will not be published. Required fields are marked *

Shopping Cart
Scroll to Top