Posted on Fri, Jan. 14, 2005


Seat-belt debate revived in Senate
Witnesses testify that tougher law would save lives

News Columnist

Advocates of a stronger seat-belt law rolled out their big guns Thursday, as witnesses from business, law enforcement, medicine and public safety testified for the law before a state Senate panel.

Witnesses characterized the proposal as pro-family, pro-life, pro-child, pro-business and pro-law enforcement as they took aim at libertarians who killed the bill last year in the Senate. Libertarians argued not wearing a seat belt is an individual choice that only hurts those unbuckled in an accident.

“This is like an urban legend, a myth,” said Dr. Jim Durant, a longtime Sumter pediatrician.

“The real fact is that an unbelted human being can turn into a projectile that can strike another ... human being. Also, an unbelted human cannot control a car in an accident — which may result in injury to other drivers.”

Durant cited a recent accident involving his son, David, in which, he said, seat belts kept his son and a friend from being killed.

“The question I ask is, ‘Do we have a constitutional right to endanger other peoples’ lives?’”

After hearing from Durant and a dozen others — none of whom spoke against the bill — the Senate subcommittee voted to send the bill to the full Transportation Committee.

Sen. Greg Ryberg, R-Aiken, who chairs that committee, predicted it would send the bill to the Senate next week. Last year, a similar bill was filibustered to death after months of contentious debate. This year, supporters wanted a fast start for the seat-belt law, and they got one Thursday — the Senate has only been in session three days.

Another witness, Mary Leverette of Columbia, said her 9-year-old son was traumatized after seeing an unbelted man ejected from his car in a 1998 accident.

“I’m a lifelong Republican. I don’t like government to interfere in my life,” she said. “But it’s not just the right of the individual — it’s the right of everyone who travels on our highways.”

Many South Carolinians pay scant attention to the current seat belt law, experts said.

The state’s current seat-belt law is difficult for police to enforce. In most cases, police must see a driver violating another law before they can issue a ticket for a seat-belt violation.

Current law does allow police to cite drivers 17 and younger for not wearing seat belts without a second violation. However, police say it’s often hard to tell a driver’s age, so enforcement is spotty.

In the first 11 days of this year, 19 of 26 people killed statewide in car crashes did not wear seat belts.

Since the Senate took up the bill last year, more than 600 people have died on S.C. roads while not wearing seat belts. About 220 others died while wearing their seat belts.

Half of those killed while not wearing a seat belt would be alive today if they had worn one, safety experts estimate.

The proposed seat-belt bill would allow police to stop a driver if he or she or the passengers are not wearing seat belts. Violators could be fined $25.

Debbie Hersman, one of five members of the National Transportation Safety Board, told the subcommittee a tougher seat-bill law would save lives and millions in medical expenses. “Enacting this bill is the single most important life-saving and deficit-reduction measure you can enact this session. It works, it costs nothing, and it will save lives.”

Terecia Wilson, a safety expert for the S.C. Department of Transportation, said a tough seat-belt law that makes adults buckle up also would protect children.

“There are many studies that show adults who don’t buckle themselves don’t buckle their children,” she said, adding South Carolina has one of the nation’s lowest rates of seat-belt use — 65 percent.

Senate President Pro Tem Glenn McConnell, R-Charleston, said Thursday he has the same philosophic objections to the bill as he had last year, when he led opposition to a tougher seat-belt law.

“Should the state get into the business of making the judgments for people? That, in my opinion, is Big Nanny government. I believe what you do is, you give people information, and they make the choices.”

McConnell also said the state doesn’t have enough police. If the bill is passed, police will spend their time on seat-belt violations “rather than stopping speeders,” he predicted. He added speeders pose a greater public danger than people not wearing seat belts.

McConnell wields substantial power in the Senate. Other senators are reluctant to oppose him because he might kill or delay their bills. Last year, he led a handful of senators in a months-long filibuster that killed the seat-belt bill without a vote, although a majority of senators said they favored it.

However, since last year, McConnell has lost two of his staunchest anti-strong seat belt allies in the Senate — Arthur Ravenel of Charleston and John Kuhn of Charleston. Their successors — Sens. Ray Cleary, R-Georgetown, and Chip Campsen, R-Charleston — said Thursday they have an open mind on the bill.

Also, Sen. John Hawkins, R-Spartanburg, who helped McConnell filibuster last year, said he favors a vote on the bill. “Let people vote.”

Sen. Larry Grooms, R-Berkeley, who opposed the seat-belt bill last year, said his views were unchanged. “I’m not for giving up liberty for security.”





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