Posted on Fri, Dec. 10, 2004


Seat-belt bill prefiled by 21 state senators
Legislation would allow $25 tickets to drivers, passengers without seat belts

News Columnist

Twenty-one state senators have prefiled a bill that would allow police to issue $25 tickets to drivers and passengers who do not wear seat belts.

A proposed strong seat-belt law was one of last year’s most fiercely debated issues. Although favored by most senators, a handful of powerful lawmakers — led by Senate President Pro Tempore Glenn McConnell, R-Charleston — used parliamentary tactics to kill it.

Current law prevents police from ticketing motorists for most seat-belt violations involving drivers 18 and older.

“The system we have now isn’t working,” said Sen. Greg Ryberg, R-Aiken, the bill’s lead sponsor and chairman of the Senate Transportation Committee. “This bill will save lives and money.”

Ryberg said he intends to give the bill priority status in early 2005 to get it to the Senate floor speedily. The bill needs 24 votes to pass.

South Carolina has one of the nation’s highest rates of traffic death and one of the lowest rates of seat-belt usage. Since last year, the use of seat belts has dropped in the state, and traffic deaths have risen.

So far this year, 557 people killed in traffic accidents were not wearing seat belts. About half would have survived if they had worn seat belts, said S.C. Department of Public Safety official Max Young.

“Statistically, that has been proven time and time again,” Young said Thursday.

Statistics also show that having a strong law on the books will increase use of seat belts in South Carolina to about 80 percent from the current 66 percent.

Current law allows police to stop drivers 17 and younger for not wearing seat belts. Before police stop an adult driver for a seat-belt violation, they must see that adult commit another traffic violation.

Strong seat-belt law opponent McConnell was not available for comment.

Ryberg said more Highway Patrol troopers also are needed to cut down on traffic deaths.

“This bill is a no-brainer,” said Sen. Joel Lourie, D-Richland, a bill co-sponsor. “It will save 100 lives a year in its first year and prevent thousands of injuries. “

Sen. John Courson, R-Richland, said he is not a co-sponsor of the bill because he has not read it yet. But Courson said he supports a strong seat-belt law.

Needless deaths and injuries due to the failure to use seat belts cost the state large amounts of money each year, Courson said.

House Speaker David Wilkins, R-Greenville, said Thursday that the House probably will pass a strong seat-belt law. He noted the House passed such a bill twice last session, only to see it die in the Senate.

Gov. Mark Sanford, who has the power to veto legislation, refused to take a position on a strong seat-belt bill last year.

Opponents of a strong seat-belt law used Sanford’s silence to help kill the bill, telling lawmakers they had inside information Sanford would veto the bill if it passed.

Sanford’s official position last year was that he could not say whether he was for or against a bill until he saw it in final form. His office did not reply Thursday to a question seeking his position on the prefiled bill.

The bill’s key points include:

• A $25 fine for each vehicle occupant not wearing seat belts. Fines would go into the state’s general fund, preventing small towns from using seat-belt violations to enrich their treasuries.

• No points would be assigned to a driver’s insurance for a seat-belt violation. No insurance reports would be made.

• Police would be prevented from making searches of cars stopped for seat-belt violations.

• Citizens found guilty in magistrates’ courts of seat-belt violations could appeal to state court.





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