FARGO - North Dakotans are no longer lagging behind the rest of the country in wearing seat belts.

A North Dakota Department of Transportation study estimates that more than 82 percent of residents are using their seat belts, compared with the national average of 81 percent.

It's the first time North Dakota has topped the national average since the survey was started in 2001.

"Obviously that is good news," Cass County Sheriff's Sgt. DuWayne Nitschke said. "I think the message has been made to the public that seat belts do in fact save lives.

"I would like to see 100 percent compliance, but that's in a dream world," he said.

Seat belt use has increased by 3.2 percent over last year, and by 14.8 percent in the last three years, said Francis Ziegler, state transportation director.

"The fact that the state is now above the national average shows an increased commitment on the part of individuals to buckle up every trip, every time," Ziegler said.

The survey was conducted in June by a Dickinson consulting firm, which observed drivers and front-seat passengers in 16 counties. Five counties had seat belt rates higher than the national average, led by Barnes at 91.6 percent. The others were Burleigh, Cass, Morton and Nelson.

Nitschke said the Cass County campaign has focused on younger drivers.

"I think the attitude about seat belt use is changing," he said. "Of course you are always going to have people who will fight any intervention from the government. But we don't run across that hurdle as often as we have in the past."

Nearly 70 percent of people killed in crashes in 2006 were not wearing seat belts, Highway Patrol officials said.

"The vast majority of people who are ejected from a vehicle during a crash don't survive," said Highway Patrol Lt. Mike Gerhart. "In most cases, these people would have survived if they had been using their safety belts."

Failure to wear a seat belt in North Dakota is a secondary violation, which means drivers may be cited for a seat-belt infraction only after they've been pulled over for committing another traffic violation.

"That's kind of a sore spot," Nitschke said. "I think a lot of people in law enforcement would like to see it as a primary violation, but that's solely up to the Legislature."