Governor’s
objections to stronger seat belt law doesn’t hold
water
By CINDI ROSS SCOPPE Associate Editor
WHEN IT comes to saving lives, reducing injuries and cutting down
on the taxes and insurance premiums I pay to subsidize the
irresponsible and illegal activities of others, Gov. Mark Sanford
and I agree on one thing: Legislation to accomplish those goals, as
the governor put it last week, “ought to be centered on the things
that will make the biggest difference.”
Unfortunately, there is nothing to suggest — much less prove —
that the governor’s proposal to let violations of the seat belt law
be used in lawsuits, on insurance rates and on driver’s records
would make “the biggest difference.” In fact, there’s no evidence
that those changes to our current law would make any difference.
In contrast, what studies have consistently found is that the
most important thing states can do to increase seat belt use is to
1) require it in state law and 2) let police enforce that law. The
idea of having to “let police enforce the law” sounds strange, but
in most states, the only way legislators could get libertarians like
Mr. Sanford to agree to require seat belt use was by agreeing to
handcuff police — barring them from stopping violators unless they
break some other law as well. (That’s also how we ended up with the
provisions that protect violators from having their actions used
against them in lawsuits, counted on driving records or considered
in their auto insurance rates.) “Primary enforcement” provisions
like the one our Senate recently passed have consistently increased
seat belt use by 10 to 15 percentage points, and reduced deaths by 7
percent.
The next most important thing states can do to increase seat belt
use is to enforce the laws aggressively, and to make sure the public
knows that’s happening. Studies suggest that states can further
increase seat belt use by making the law apply to all passengers and
imposing “fines and/or license points” for violations; South
Carolina does impose a fine for violators.
Other than that “and/or” suggestion for license points, the ideas
that Mr. Sanford implies would “make the biggest difference” don’t
appear on anyone’s list of laws that have been demonstrated to
increase seat belt use. A spokesman said the governor was speaking
generally about the need for laws to “make the biggest difference”
and that Mr. Sanford’s support for the market approach to seat belts
was primarily philosophical.
So let’s not pretend that the objections are about how to
accomplish the greatest good.
Don’t get me wrong. If I were queen of the world, we’d make all
the changes Mr. Sanford suggests. Even if they didn’t change
behavior (and I think they probably would a bit), they’re just
fair.
Of course, anyone who really prefers “exposing an individual to
the real cost of their actions,” as Mr. Sanford suggests, would also
let health insurance companies and Medicaid refuse to cover
treatment for people injured when they aren’t wearing a seat belt,
and prohibit the tax-funded emergency medical technicians from
taking them to the hospital. Little wonder he doesn’t propose that:
When I suggested that approach to motorcyclists who were denouncing
calls for a helmet law, I was inundated by furious motorcyclists who
were outraged by the thought of having to actually live with the
consequences of their decisions, as they were advocating.
But while I would be happy to add Mr. Sanford’s market-based
theories to the law, I would never sacrifice the one measure that I
know will save lives for one that might save lives — particularly
since I know that any of his measures would be the kiss of death for
a seat belt bill.
Mr. Sanford knows very well that his proposals are the ones that
seat belt opponents tried to tack onto the bill during Senate
debate. In case anyone was fooled by the crocodile tears of safety
opponents, Sen. Glenn McConnell was kind enough to explain that the
amendments were being offered because he had learned long ago in
trying to defeat legislation, “if you can’t derail it, try to load
it down with baggage.”
In addition to the hollow “most-effective” argument, Mr. Sanford
also is peddling the idea that the goal of the seat belt bill is to
give police a way to suck money out of people. That’s both offensive
and absurd.
Simply ask yourself this: Do police have any shortage of targets
for tickets now? And if you said yes, have you left your house in
the last, say, 30 years? It’s a lot easier to spot speeders than to
spot seat belt violators.
Beyond that, the $12 fine that so worries Mr. Sanford actually
represents a reduction. The current fine for violating the seat belt
law is $25; public safety supporters agreed to reduce it
specifically to address trumped-up concerns about “seat belt
traps.”
But the biggest flaw in the personal-responsibility argument has
always been that it overlooks the fact that it is already against
the law to leave your seat belt unbuckled. And neither the governor
nor any of the other seat belt opponents has called for repealing
that law. It’s more than a little disingenuous to say it’s OK to
have a law that requires people to wear seat belts but it’s an
affront to individual liberty to allow police to enforce that
law.
And it is simply not conceivable that anyone who truly believes
in promoting personal responsibility would want to shelter those who
break the law from punishment. After all, doesn’t “personal
responsibility” mean accepting the consequences for your
actions?
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |