Do FMCSA Rules Require Commercial Drivers and Passengers to Wear Seat Belts?

Yes. Under 49 CFR 392.16, a driver may not operate a commercial motor vehicle with a seat belt at the driver's seat unless properly restrained, and a motor carrier may not require or permit it. In property-carrying commercial motor vehicles, all other occupants must also be properly restrained where seat belts are installed at their seats.

Drivers. 49 CFR 392.16(a) bars a driver from operating a CMV that has a seat belt assembly installed at the driver's seat unless the driver is properly restrained. A motor carrier may not require or permit a driver to operate unbelted.

Passengers in property-carrying CMVs. Since a 2016 amendment, 392.16(b) bars a driver from operating a property-carrying CMV unless all other occupants are properly restrained by seat belts installed at their seats. Motor carriers may not require or permit a violation.

Passenger-carrying vehicles. 392.16(b) applies only to property-carrying CMVs.

Related rules.

• The hand-held phone definition in 49 CFR 390.5 refers to the driver staying seated and restrained by a seat belt installed under 49 CFR 393.93, so reaching for a phone in a way that leaves that position is a violation.
• Seat belt assemblies must meet equipment requirements in 49 CFR 393.93.
• 49 CFR 392.2 requires compliance with state and local laws, which may impose additional seat belt rules.

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