At a time when traffic-related deaths on S.C. roads are on a record-setting pace and seat belt use in the state is among the worst in the country, a state law that takes effect Friday gives police the authority to stop a vehicle if they spot anyone inside not buckled up.

Law-enforcement officials are extolling the new measure as a way to boost seat belt use and reduce serious injuries. Critics bemoan it as further erosion of the rights of Americans in a post-Sept. 11, 2001, world and charge it could be used to target minorities.

So far this year, of the 790 people killed statewide who had access to seat belts, 546 were not wearing them, according to the S.C. Department of Public Safety.

Though seat-belt-use numbers were not available for Horry and Georgetown County crashes this year, fatalities have increased in both counties. Fifty-nine people have died in Horry County so far this year, five more than were killed in the same period in 2004. Georgetown recorded 18 fatalities this year after seeing nine in 2004.

As it now stands, police must have a separate traffic violation such as a broken tail light before an officer can pull a car over. If during that traffic stop the officer sees a restraint violation, a ticket can be issued.

Currently 22 states, including North Carolina, plus the District of Columbia have a so-called primary seat belt law. South Carolina is the only state to put the law on the books this year.

As a result, it hopes to see statewide seat belt usage climb to around 81 percent within about five years, which translates into about 70 fewer deaths on its roadways, said Sid Gaulden, spokesman for the S.C. Department of Public Safety. Last year, seat belt use in the Palmetto State was about 66 percent.

Before Georgia passed a primary seat belt law in 1996, officials said 51 percent of drivers used the restraints. Now that number is up to about 86 percent. Similarly, North Carolina, which has had the law in place since 1985, has witnessed its seat belt use ascend to 86 percent in 2004.

Varied viewpoints

Drivers recently surveyed at the Department of Motor Vehicles in Myrtle Beach reacted to the law with a mix of enthusiasm, guarded optimism and disgust.

"I think it has positives and negatives, but overall it will keep people safer and there will be less death on the highways and in Horry County, which has a high number of fatalities," said William Render, 17, a Myrtle Beach High School senior who has been driving for two years.

Loris resident John Flowers, 19, said he rarely buckles up and the new law will not alter his behavior. He said he has survived three serious crashes, each without wearing a seat belt.

"I'm against it because I think if you are going down the road obeying the laws, why should it matter if you have your seat belt on?" he said.

Lisa Ballew, 25, of Myrtle Beach, said the one time she didn't wear her seat belt the vehicle she was in veered off the road and left her with a broken arm.

Bill Hall, manager of the University of North Carolina's Highway Safety Research Center said "there always will be someone who will not comply," but that should not deter states from aggressive efforts to educate motorists about seat belt safety.

By the numbers

According to the National Highway Traffic Safety Administration's 2003 motor vehicle traffic crash and fatality estimates, 41 percent of people killed in crashes in 2002 wore their seat belt, while 59 percent did not.

Authorities said seat belt use is highest in states with primary seat belt laws.

The restraints minimize the force with which a person hits the vehicle's interior, and "when you reduce the force you will reduce the serious injury," said Capt. James Chastain, troop commander for S.C. Highway Patrol's Multidisciplinary Accident Investigation Team, which is charged with reconstructing major crashes. "There is no doubt that a seat belt will help keep a person from being killed," said Chastain, who has nearly 30 years of experience as an accident investigator, including 16 in accident reconstruction.

Profiling anxieties

Karl Johnson, 25, who is black, is concerned that the police will be selective in their enforcement of the new law.

"Most black guys don't wear their seat belt, and I think it's a bad idea because it gives [police officers] another reason to harass you," he said.

David Kennison with the American Civil Liberties Union, said the new law tramples on Fourth Amendment rights that protect people from unreasonable searches and seizures.

"It is not designed to save lives, but is designed to allow police officers to stop a vehicle without probable cause," said Kennison, a member of the Midlands Chapter of the ACLU who also serves on the state and national board of directors.

"It opens up another dangerous opportunity for racial profiling because you can tell someone's race but you can't tell if he or she has their seat belt on or not," he said.

Judie Stone, president of Advocates for Highway and Auto Safety, doesn't buy the profiling argument. Stone - whose group is an alliance of consumer, health and safety, and insurance groups - said tougher seat belt measures provide a chance to emphasize the importance of seat belt use to those who are less likely to buckle up.

In South Carolina, Hispanics, blacks and men between 18 and 34 years old are least likely to use a seat belt, Gaulden said.

Over the past month, Department of Public Safety officials have visited churches and talked with community leaders to educate minority groups, ensuring them that safeguards are in place to detect racial profiling.

"These groups are woefully under-represented among the people who use seat belts," Gaulden said. "The message we have been taking to them is that seat belts save lives."

Mickey James, president of the Myrtle Beach branch of the National Association for the Advancement of Colored People, said he supports the law but he sees the potential for profiling.

"Profiling is a reality, and the seat belt law could be a reason for some cop to say, 'Oh, he doesn't have his seat belt on, let me see if there is anything else wrong,'" he said.

Capt. David Knipes of the Myrtle Beach Police Department said that will not happen.

"We are not hunting for people violating the law in hopes of making more charges," he said.

Capt. Janet Arrington, who leads the department's traffic division, estimates that about half of the motorists stopped in the city are not wearing seat belts.

"Once you get yourself into the habit, it comes naturally," she said, adding that the department will especially focus its efforts on schools.

Experts agree a primary seat belt law alone is not enough to drive down deaths and injuries on S.C. roads and therefore plan to continue special enforcement programs such as Buckle Up, South Carolina to promote seat belt use.

Sandy Hill of Myrtle Beach said she always wears her seat belt and hopes the new law will eventually convince people to fasten their own belts and make sure their children are buckled.

Capt. James Chastain | troop commander for S.C. Highway Patrol's Multidisciplinary Accident Investigation Team