States Support Primary Seat Belt Laws
Amidst a growing number of surveys and state ratings on occupant protection issues, the National Association of Governors’ Highway Safety Representatives (NAGHSR) reiterated its support for passage of primary seat belt legislation in all states. Chair John Moffat stated that, "Interest groups have recently rated the states or released surveys on occupant protection. Each has shown different results and used different methods to obtain their rankings. I hope that we can focus less on comparing the states and focus more on what can be done to save lives. The evidence shows that primary seat belt laws should be passed in every state. The State Highway Safety Offices are working to achieve that goal. Complemented with educational campaigns run by these offices and enforcement efforts, strong safety belt laws will save lives." Primary enforcement seat belt laws allow police to stop and ticket a driver for not being belted. Seventeen states and the District of Columbia have enacted these laws. The remaining 32 states have secondary laws that allow law enforcement to ticket an unbelted driver only after the driver has been stopped or ticketed for another offense. One state (New Hampshire) does not have a seat belt law. Data from the National Highway Traffic Safety Administration (NHTSA) shows that states with a primary law average 78 percent seat belt use, while states with a standard law average only 63 percent. Furthermore, NHTSA estimates that if the remaining 33 states would pass primary laws, 1,736 deaths and 46,025 injuries would be prevented each year. States that have passed primary laws continue to educate the public about the law and its enforcement. States with a secondary law have taken an active role in seeking a primary law. According to Moffat, "State Highway Safety Offices are limited in the amount of lobbying they can do, but they can provide important information and resources that can be the catalyst for primary legislation." Moffat highlighted just a few recent efforts: -- Delaware: Along with the Delaware Buckle Up Coalition, the Delaware Office of Highway Safety has provided testimony before the legislature on the benefits of a primary law and provided fact sheets. The office also coordinated a Youth Occupant Protection Summit last spring to gather information from students on strategies to increase seat belt usage among youth. The top recommendation, passage of a primary seat belt law, was presented by student representatives to the governor and each chamber of the legislature. -- New Jersey: The Division of Highway Traffic Safety provided testimony and fact sheets to members of the legislature who were considering a primary law in 2000. The legislature passed the bill and with a massive education effort led by the Division of Highway Traffic Safety, usage has increased over 11 percent (from 63.3 percent in 1999 to 74.2 percent in 2000). -- West Virginia: In addition to state education and enforcement efforts, the Governor's Highway Safety Program organized Highway Safety Day at the Capitol on March 19. Members were provided statistics and research relating to the state in comparison with national standards. -- South Carolina: The Office of Highway Safety has successfully used the Click It or Ticket campaign to encourage the use of seat belts. The office has also provided facts sheets and information to members of the legislature who have attempted to upgrade the state's secondary law. -- Washington: The Traffic Safety Commission drafted a primary law, obtained the governor's support, found sponsors and worked for passage. Although the law has not passed, significant progress has been made. Moffat concluded, “State Highway Safety Offices know how essential seat belt use is and will continue to make sure the public realizes the lifesaving choice they can make by buckling up.” NAGHSR is a nonprofit association representing the highway safety offices of states, territories, the District of Columbia, Puerto Rico, and the Indian Nation. Its members are appointed by their governors to administer federal and state highway safety funds and implement state highway safety plans. In a similar report, advocates of tougher seat belt laws give more than a third of the states a below-average grade for their efforts to protect against highway deaths. The report by the National Safety Council kicks off a nationwide police crackdown on drivers who don't wear seat belts and don't buckle up kids. More than 10,000 U.S. law enforcement agencies will have checkpoints and increased patrols beginning today and lasting through Memorial Day. The study found that people use belts more often and die in traffic accidents less frequently in the District of Columbia and 17 states that allow officers to stop and ticket unbuckled motorists. Nineteen states got Ds and Fs in the report. Chuck Hurley, executive director of the Air Bag & Seat Belt Safety Campaign, said politicians in those states refuse to pass laws that are proven to save lives. "The U.S. ranks behind virtually every other developed country when it comes to seat belt use, with deadly consequences," said Alan McMillan, president of the National Safety Council. "We know that high-visibility enforcement gets people to buckle up and saves lives." Traffic crashes killed 32,061 Americans in 1999 -- or 15 per 100,000 people, much higher than most other developed countries, according to the report. For example, Canada has 92 percent seat belt use and a traffic fatality rate of about 9 per 100,000. California, which at 89 percent has the highest seat belt use in the country, is the only state to earn an A. Michigan, 11 other states and the District of Columbia received a grade of B or above. All of those states except one -- Washington -- have primary enforcement laws.
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