Supporters say seat belt bill would cut fatalities

CHARLESTON, S.C. - The state Senate is preparing to again take up a bill that would give officers the authority to pull over and ticket drivers just for not wearing seat belts.

Even though South Carolina law requires use of seat belts, the failure to buckle up is a secondary violation. That means police can only ticket adult drivers for a seat belt violation if they've pulled car over another violation. Police can stop a vehicle for a seat belt violation only if an unbuckled driver or passenger is under 18.

Senators could discuss the bill as soon as Tuesday. Proponents cite safety issues and the escalating costs of insurance, while opponents say the bill infringes on privacy rights.

"A majority of the senators support it, and a strong minority of senators feel it is a private right (to buckle up)," said Sen. Greg Ryberg, R-Aiken, who favors the bill. "But the human lives that could be saved far outweigh that argument."

Last year in South Carolina, 963 people died in traffic accidents, according to the state Department of Public Safety. Of those killed, 775 had access to a seat belt, but 549 were not buckled in.

About 73 percent of South Carolina residents currently buckle up, according to a National Highway Transportation Safety Administration study released in November. The study also found that the 20 states that have passed a primary seat belt law have user rates of roughly 80 percent.

In 2002, accidents in South Carolina cost $1.2 billion. A National Safety Council formula estimates the cost and includes lost wages, insurance costs and the cost of medical treatment. Proponents of the bill argue that unrestrained vehicle occupants involved in crashes often require hospital treatment, increasing insurance rates for state residents.

Senate President Pro Tem Glenn McConnell, R-Charleston, is a vocal opponent of the bill.

"The government is trying to regulate the amount of risk you can take against yourself based on health and insurance costs," said McConnell. "That puts us on a slippery slope because you are buying into the proposition that government has the right to manage risk for you. And where does that stop?"

Sen. John Kuhn said the law would also increase officers' probable cause to search a vehicle.

"There is no way an officer can tell from 100 to 150 yards away whether someone is wearing a seat belt," the Charleston Republican said. "This law would throw probable cause out the window."

The fine for not buckling up is $25. The fine goes up to $40 if a child under age 18 is unrestrained.

The Public Safety Department, which oversees the Highway Patrol, favors the bill.

A 2003 national seat belt usage study by the National Highway Transportation Safety Administration looked at accidents and seat belt use for an eight-state region and found half the lives lost in 2002 could have been saved if seat belts had been used.

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Information from: The Post and Courier, http://www.charleston.net