Seat belt bill
facing likely veto S.C. governor calls
penalties proposed by legislation `minimal' HENRY EICHEL Columbia Bureau
COLUMBIA - Gov. Mark Sanford has until
midnight today to either sign a new seat belt enforcement law, veto
it, or let it take effect without his signature.
From the way the governor was talking Tuesday, a veto looks like
a good bet.
"I don't think it's good to pass any legislation if the odds of
your getting caught, and of there being some sort of real penalty,
are minimal," he said in an interview with The Charlotte
Observer.
To pass the bill, which would allow police to stop and ticket
adult drivers and passengers for not wearing seat belts, supporters
had to make numerous concessions. Unlike North Carolina, where court
costs drive the cost of being caught unbuckled to $100 a ticket,
South Carolina would charge only $25. Also unlike North Carolina, no
points would be assessed against a person's driving record.
But the biggest difference between the proposed S.C. seat belt
law and those in North Carolina and 20 other states is that S.C. law
enforcement officers would not be able to use "Click It or Ticket"
checkpoints or similar tactics.
National highway safety experts, who credit seat belt enforcement
laws with saving thousands of lives and millions of dollars in
medical costs, say that checkpoints are what make the laws
effective.
"There will never be enough police to detect every violator of
traffic laws, but once drivers think there's a good chance violators
will be detected, the number of offenders decreases," said Alan
Williams, former chief scientist for the Insurance Institute for
Highway Safety in Arlington, Va.
Williams said Tuesday he thinks the proposed S.C. seat belt law
would have only limited effectiveness in getting people to buckle
up.
"If you simultaneously pass a primary enforcement law and say
we're not going to enforce it, that certainly is a kind of mixed
message," he said.
South Carolina has one of the nation's lowest seat belt use
rates, about 58 percent. It also has one of the highest highway
death rates; about three-fourths of the people killed in wrecks
weren't wearing seat belts.
The state currently has a secondary seat belt law. It prevents
police from ticketing unbuckled adult motorists unless they are
stopped for another offense. Police can stop drivers 18 or under for
not wearing seat belts. In 2004, S.C. state troopers wrote 39,000
tickets for seat belt violations.
A statewide Click It or Ticket campaign in autumn 2000 saw
troopers and local police write about 20,000 seat belt tickets in
just two weeks at checkpoints designed to check for driver's
licenses.
However, then-Attorney General Charlie Condon said the
checkpoints were illegal because they were primarily set up to
enforce the seat belt law. The following year, lawmakers banned
further Click It or Ticket campaigns, saying they violated
individuals' personal freedom.
North Carolina launched the nation's first "Click It or Ticket"
campaign in October 1993 after eight years of primary seat belt
enforcement had failed to significantly raise the usage rate. Seat
belt use in North Carolina rose immediately from 64 percent to 80
percent. The current N.C. usage rate of 84 percent is one of the
highest in the U.S.
Safety experts say the most important thing about checkpoints is
the publicity they create. "Even if you're writing a lot of tickets,
if people don't see it as visible enforcement, they're not likely to
change their behavior," said Russ Rader, spokesman for the Insurance
Institute for Highway Safety.
Sanford said he feels the same way and is reluctant to sign a
bill he considers empty symbolism.
"What we've said is this is a very big issue and we need to do
something about it," he said. But instead, he said, lawmakers
removed "all these things that have been proven to make some degree
of impact in people's propensity to use seat belts."
If Sanford vetoes the bill, lawmakers can still vote it into law
with a two-thirds majority of members present and voting in each
chamber. The legislature, which wrapped up its regular session last
week, returns for two days June 14 and 15.
The Associated Press and Knight Ridder
contributed.
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