Those pushing for a tougher seat-belt law in
South Carolina argue that any measure increasing seat-belt use would save
lives. But that argument also could be made for a law mandating that
everyone in a moving motor vehicle wear a crash helmet, or a law reducing
all speed limits to 40 mph. S.C. House Majority Leader Jim Merrill,
R-Daniel Island, is challenging the case for a new seat-belt bill by
making that and other pertinent points.
You can already get a ticket for not wearing a seat belt in South
Carolina, but only when stopped for another violation. The Senate passed
legislation last month to make not wearing a seat belt a primary instead
of a secondary offense. Subsequent passage in the House was taken for
granted by many. After all, the House had passed tougher seat-belt laws in
previous years, only to see them die in the Senate.
But the House could be where a seat-belt law dies this year. After
recently moving to bottle up the bill in committee, Rep. Merrill told us
last week that he doesn't like anything about the Senate bill. One of his
primary objections is what he called "the blackmail" inherent in the call
to pass it so the state can meet federal guidelines required for up to $18
million in highway funding. He correctly lamented the General Assembly's
"acquiescence" under similar circumstances in 2003 when it lowered the
legal blood-alcohol limit from 0.10 to 0.08 percent for driving under the
influence.
Rep. Merrill's correct, too, in raising concerns about the "profiling"
difficulties that a primary seat-belt law could create with "he said, he
said" disputes between officers and motorists. His suspicion that the $25
fine for that primary offense could quickly become a revenue-enhancement
tactic also merits serious consideration. So does his insistence that the
"worthy goal" of increasing seat-belt use can be attained through
education programs and intensified enforcement of that secondary offense.
House Speaker David Wilkins, R-Greenville, a bill supporter, said last
week that its delay was a result of a "perfect storm" of circumstances,
including the move to the Senate of one of its key supporters. The speaker
expects its eventual passage.
Even if that happens, Gov. Mark Sanford's signature is no certainty. He
wrote last month on our Commentary Page that he couldn't support the
Senate bill because it "would do nothing to make seat belt use admissible
as evidence in the courtroom." The governor urges that any new seat-belt
bill make records of seat-belt use available to insurance companies to
help foster "market-based" incentives for their use. Before this bill
comes back for a vote, the House should fully explore the hard questions
posed by the governor and Rep. Merrill.