SENATE BILL REPORT

SB 5015

BYSenator Kreidler

Directing enforcement of seat belt laws as a primary action for persons under eighteen.

Senate Committee on Transportation

Senate Hearing Date(s):January 25, 1989

Senate Staff:Cathy Mayo (786-7304)

AS OF JANUARY 18, 1989

BACKGROUND:

The Washington State Legislature passed a mandatory safety belt use law which became effective June 11, 1986.  Violation of the law is a secondary offense and law enforcement may not cite a seat belt law violator unless the driver is detained for another suspected violation.  The child passenger restraint law protects children under age five, designating a violation as a primary traffic infraction subject to a penalty assessment of not less than $30.

A citation is issued to the driver when passengers between the ages of five and 15 are not secured in a seat belt, but only as a secondary offense.  Juveniles between the ages of 16 and 18 can also be cited for a secondary offense when not using an approved safety device.

Many safety experts feel once a child becomes used to a restraint system, it will become a habit that will remain throughout adulthood.  The fact that juveniles between the age of five and 17 or their drivers will not be cited for failing to observe the mandatory seat belt law unless another primary violation occurs may diminish the importance of the law to them.

Eight states have adopted laws designating seat belt violations as primary offenses.  There is a larger percentage of seat belt usage in states with primary enforcement statutes than in most states with secondary enforcement statutes.

Any motor vehicle designated by federal Motor Vehicle Safety Standard 208 must be equipped with a seat belt.  Since 1968, passenger cars, and since 1972, trucks and multi-purpose vehicles were mandated to have seat belts in all front and back seats.  State law requires occupants of a designated motor vehicle to use seat belts.  This act does not apply to people riding in older vehicles, nor to a passenger riding in a vehicle in which all of the designated seat belts are already in use.

SUMMARY:

A person may not operate a motor vehicle unless all passengers under the age of 18 years are using a safety belt system.  Enforcement of this act may be accomplished as a primary action if it involves operators or passengers under the age of 18 years.

This section only applies to motor vehicles that must meet the manual seat belt safety standards contained in federal Motor Vehicle Safety Standard 208.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 17, 1989