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  Why Your State Needs a
Primary Safety Belt Law
   
 

Traffic crashes are a leading cause of death in the United States. Wearing safety belts is the easiest and most effective way of reducing the number of highway deaths, and strong occupant protection laws are the most effective way of increasing safety belt use. Highway deaths could be reduced dramatically if states upgraded their laws to improve coverage and enforcement.


Key Facts

What is Primary Enforcement? Primary enforcement allows a law enforcement officer to write a citation whenever an unbelted driver or passenger is observed.

What is Secondary Enforcement? Secondary enforcement allows a law enforcement officer to write a citation only after stopping a vehicle for some other reason.

Safety belt usage is much higher, on average, in states that allow primary enforcement of their belt use laws. Recent experience with upgrades from secondary to primary enforcement in California, Georgia, and Louisiana provides strong evidence of the benefits of switching to primary enforcement.


Why All Safety Belt Use Laws Should be Subject to Primary Enforcement
Primary enforcement sends a message to motorists that the state considers safety belt use mandatory for the safe operation of a motor vehicle.

States with primary laws averaged 15 percentage points higher safety belt use than those with secondary laws (78 versus 63 percent), as of December 1996.

California�s statewide driver safety belt use increased from 70 percent in 1992 with a secondary enforcement law to 83 percent in late 1993 after the state changed their safety belt law to primary enforcement. As of December 1996, California�s safety belt use had risen to 87 percent.

In 1994, Louisiana�s safety belt law was enforced on a secondary basis, and the statewide belt use was 50 percent. After changing to primary enforcement, Louisiana�s safety belt use increased to 59 percent in 1995 and 68 percent in 1996. This is a statewide safety belt use increase of 18 percentage points since primary enforcement began.

Under secondary enforcement, safety belt use in Georgia declined from 57 percent in 1993 to 53 percent in 1995. Immediately prior to upgrading to a primary enforcement law, usage was 51 percent. The law was changed to primary enforcement on July 1, 1996, and by November safety belt use climbed 11 percentage points to 62 percent.

Safety belts save lives. During the first year of enforcement, 5 primary law states lowered their fatality rates of occupants over 21 by 20 percent, but 11 secondary law states lowered their rates by only 8 percent. For occupants 21 or younger, the reduction was 23 percent in the 5 primary law states, but only 3 percent in the 11 secondary law states.

Highway deaths could be cut dramatically if all 50 states had safety belt use laws in effect and if most states took a few simple steps to upgrade their existing laws.


What Else Can Be Done?
Extend protection to rear seat occupants. Most laws currently apply to only the driver and front seat passengers. All vehicle occupants should buckle up.

Prohibit passengers from riding in the cargo bed of pickup trucks. To avoid excessive risk, passengers should ride only in seating areas equipped with safety belts.

Raise the age limit on child restraint laws to age 16. Most laws only cover infants and children up to age 4.