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Q: How does this proposal change the current law?
At present, if you are given a citation for noncompliance with Minnesota's seat belt law, a $25 fine is imposed and it is not recorded on your driving record. This would not change. The law upgrade would allow an officer to enforce Minnesota's belt statute the same as every other traffic law. Additionally, the proposed law would require every vehicle occupant to wear a seat belt regardless of age or seating position.
Q: What has been the effect on seat belt use in states that passed a primary law?
States that had lower belt use than Minnesota before moving to primary seat belt laws experienced an average 11% increase in belt use by upgrading to primary. Some states have seen even greater benefit. For example, Michigan reported for 1999 a belt use rate of 70%. In 2000, the rate jumped to 83.4% (currently they are above 90%). Michigan was able to achieve that increase by adopting primary enforcement, maintaining its level of enforcement activity, and working closely with the media to inform the public of the change in the law. The seat belt use rate in Illinois rose from 74% in 2002 to 88% in 2006. Washington State upgraded its law in 2002 and experienced a 12 percentage point increase when its rate jumped from 81% to 93% within one year of upgrading the law. Washington's seat belt use rate is currently about 96%.
Q: What states have primary enforcement seat belt laws?
As of January, 2008, 26 states, the District of Columbia, Puerto Rico, American Samoa, the Commonwealth of Northern Mariana Islands and the Virgin Islands have primary seat belt laws in effect. States with standard enforcement (primary) seat belt laws are:
Alabama
Alaska
California
Connecticut
Delaware
Georgia
Hawaii
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maine
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Maryland
Michigan
Mississippi
New Jersey
New Mexico
New York
North Carolina
Oklahoma
Oregon
South Carolina
Tennessee
Texas
Washington
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Q: Will this proposal save Minnesota lives, injuries and money? The National Highway Traffic Safety Administration (NHTSA) estimated that upgrading our state's current seat belt law to primary enforcement could save 18-34 lives and prevent 233-431 serious life-changing injuries. This is based on an increase from our belt use rate of 87% to 92%-96% in the year after the law is upgraded.
According to NHTSA, unbelted crash victims have medical bills 50% higher than belted victims. But that's a conservative number. The Minnesota Departments of Health and Public Safety released data in 2005 regarding the effect of safety belts on hospital charges by payer source through the Crash Outcome Data Evaluation System (CODES) Project. Analysis found government insurance (Medicaid/Medicare) is the primary payer source for almost 12% of crash victims. Charges for those crash victims under government insurance who were not belted were 108% greater than those victims who were properly restrained. On average, Minnesota crash victims who were not wearing their seat belts had medical charges that were 94% higher than those victims who wore a belt. National research indicates that those injured pay for only 26% of their total costs. The remaining amount is paid for by society through higher insurance rates and through public assistance programs funded with tax revenues.
From 2004-2006, the estimated economic impact of more than 60 unbelted fatalities and over 1500 unbelted injuries is estimated at $834 million!
Q: Will a primary law result in a greater incidence of racial profiling? The National Black Caucus of State Legislators in partnership with the Air Bag & Seat Belt Safety Campaign commissioned a survey to learn more about the first-hand experience of African Americans living in primary belt law states. In October 1999, they released the findings of the landmark study. The report states, "If primary seat belt laws do in fact contribute to harassment, the survey should have found both more reports of harassment and a greater perception of harassment from people living in primary law states. It found neither. In fact, African Americans in states with primary seat belt laws reported fewer problems."
Meharry Medical College, the nation's oldest private academic institution dedicated to minority health issues, reported in 1999 that African Americans use seat belts significantly less than white Americans. The report referred to the situation as "a public health crisis" and strongly encouraged the passage of standard (primary) seat belt laws. Because of such data, many prominent national organizations of color support primary seat belt legislation, including: the National Black Caucus of State Legislators, National Organization of Black Law Enforcement, National Urban League, Blacks In Government, National Conference of Black Mayors, Sigma Gamma Rho Sorority, the National Education Fund, and Alpha Kappa Alpha Sorority. The Blue Ribbon Panel to Increase Seat Belt Use Among African Americans (October 2000) reports that while organizations "expressed concern about 'Driving While Black' and 'racial profiling' abuses, support is growing for passage of primary seat belt laws."
Q: If this passes, is a mandatory helmet law the next step? Potential life and cost savings for enacting a primary seat belt law substantially dwarfs the benefits of passing a helmet law. In addition, seat belt use is already mandatory, while mandatory helmet legislation would be creating a new law.
Q: Who supports upgrading the seat belt law? Supporters of primary seat belt legislation are those who witness the effects of crash victims who were not properly restrained. This large group includes over 100 organizations, including major employers, medical professionals, law enforcement, insurance providers, community health advocates, minority organizations, and crash survivors. They have come together as the Minnesota Seat Belt Coalition to work to strengthen Minnesota's seat belt law to save lives, prevent injuries and save dollars. Click here for a complete list of organizations in the Minnesota Seat Belt Coalition. http://www.minnesotasafetycouncil.org/sbcoalition/members.cfm.
Contact the Minnesota Seat Belt Coalition by calling 651-228-7304 or 1-800-444-9150 x 304 or by e-mail at
msc@minnesotasafetycouncil.org.
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