Passenger Restraint Laws & Debates

Passenger Restraint Laws & Debates Presented by Cathy Riedel ◦ Program Director ◦ TMCEC

In 2010, in Texas, there was 1 reportable crash every 81 seconds which resulted in 215,593 injuries 82,685 serious injuries and 3,023 deaths

Of all those persons killed in vehicles where restraint usage was applicable and known, 44% were reported as NOT restrained when the fatal crash occurred

Three collisions • Colliding with hard elements of the vehicle • Colliding with other occupants • Internal organs • colliding with the body (ribcage/skull)

History of Safety Restraints • 1885: first US patent for automobile safety belts • 1949: Volvo first to install lap belts in front seats • 1955: Ford first to install lap belts in rear seats • 1959: Volvo first to install 3-point belts • 1972: Volvo first to install 3-point belts in rear seats • 2007: all new cars sold in US required to have 3-point belt in center rear seat

History of Safety Restraint Laws • 1970: Victoria, Australia passed first law making safety belt use mandatory for drivers and front-seat passengers • 1984: New York became first state to enact mandatory safety belt use law

Amazingly, this person survived because of the seat belt and airbag

Click It or Ticket First launched in North Carolina in 1993 In 2010, seat belt use at 85%

meet Vince & Larry

Survey of passenger restraint laws • Fines range from $10 - $200 in most states • Only one state (New Hampshire) does not require adults to be buckled up in the front seat • States vary on laws depending on location in car, age of passenger, or age of driver http://www.iihs.org/laws/SafetyBeltUse.aspx

Survey of passenger restraint laws • Georgia exempts pick up trucks from the definition of a passenger vehicle (unless the occupant is under 18) • Arkansas & Wyoming reward safety belt use by reducing the fine for the primary violation by $10 http://www.iihs.org/laws/SafetyBeltUse.aspx

Primary v. Secondary Enforcement • NH only requires children be buckled up – no law for adults • 15 states are secondary enforcement states • 6 states are primary enforcement only for children, secondary for adults • 28 states (and DC) are primary enforcement states

…TEXAS (Sec. 545.413, TC) (a) A person commits an offense if the person is • at least 15 YOA • riding in a passenger vehicle while the vehicle is being operated • occupying a seat equipped with a safety belt (if required to be under Sec. 547. 601) • and is not secured by a safety belt -OR- • if person is a school bus driver in a seat with a safety belt and is not secured by the safety belt (d) Fine between $25 and $50

(b) A person commits an offense if the person operates a passenger vehicle equipped with safety belts and allows a child younger than 17 (who is not required to be in a safety seat under 545.412) to ride without being secured by a safety belt, provided the child is occupying a seat equipped with a safety belt (d) Fine between $100 and $200 (and ½ to state)

(b-1) A person commits an offense if the person allows a child younger than 17 (who is not required to be in a safety seat under 545.412) to ride in a PASSENGER VAN without securing the child individually by a safety belt, provided the child is occupying a seat equipped with a safety belt (d) Does not give a fine range  general penalty of $1 to $200

Child Passenger Safety Seats • Fines range from $15-$150 in most states • Higher on subsequent offenses, some states assess points/surcharges • Watch out in Nevada: fine of $100 - $500! http://www.iihs.org/laws/ChildRestraint.aspx

Child Passenger Safety Seats • All 50 states (and DC) require child safety seats for infants and some children • Laws vary depending on height, weight, and age of child http://www.iihs.org/laws/ChildRestraint.aspx

…including TEXAS (Sec. 545.412, TC) (a) A person commits an offense if the person operates a passenger vehicle, transports a child younger than 8 (unless taller than 4’9”) and does not keep the child secured in a child passenger safety seat system according to the manufacturer’s instructions (b) Fine of up to $25 for first offense; up to $250 for subsequent offense (and ½ to state) (b-1) 15¢ court cost on conviction

BEST PRACTICES • Texas has no laws on what position children should occupy in the vehicle or what kind of seat children should be in • Recommended that children up to age 1-2 remain in rear facing seat • Remain in booster seat until age 8 or pass 5-step test: • Does child sit all the way back against seat? • Do child’s knees bend easily at the edge of seat? • Does shoulder belt cross over center of shoulder and chest? • Is lap belt low across the top of thighs? • Can child stay seated this way for the entire trip? • Remain in back seat until age 13

BEST PRACTICES • Safety belts should fit properly: • Lap belt should touch thighs • Shoulder belt should touch shoulder and chest • Good resources www.txdps.state.tx.us www.carseat.org www.safekids.org

FACT or FICTION?

Question 1: The Shifty Sheffield Kids Shelia Sheffield is 7 years old and short for her age. Her brother Shaun is 4 years old (and also quite small). Before leaving the house, Mama Sheffield buckled Shaun into a car seat, and secured Shelia in a seat belt. While stopped in traffic on the Katy Freeway, Shaun told Shelia he was thirsty, and knowing there were juice boxes in his day care bag in the back of the Suburban, Shelia unbuckled her seat belt and crawled over the back seat. Shaun thought it looked like fun and slipped out of his car seat to join Shelia in the back. Mama Sheffield was focused on the bumper to bumper traffic, and then on the flashing red and blue lights behind her. Mama Sheffield has committed two offenses by not keeping Shelia and Shaun in the appropriate child safety seats.

Question 2: Uncle Gosselin Uncle Gus is babysitting for the 8 Gosselin kids while Jon and Kate both head to anger management seminars for the week. One problem: Jon took the family bus, leaving Gus to transport the kids in his regular old minivan. On one outing to get dinner (who wants to cook for 8 picky kids?), Gus is stopped by the police for speeding. One of the twins is secured in a safety belt in the front seat. The three 6-year-old girls are in the middle row – two in booster seats using the two available seatbelts for that row, and one wedged between the two booster seats. Finally, the three 6-year-old boys are each in a booster seat in the back row. The other twin – Cara – is wedged in between two of the booster seats on the back row, as she says she prefers the boys better. Uncle Gus is stopped for speeding. Gus has committed two offenses by allowing Cara to ride in the van without being secured in a safety belt and allowing one of the girls to ride in the van without being secured in a safety seat.

Question 3: Savvy Sandy Sandy was cited for failing to secure her 3-year-old son in a child passenger safety seat. Sandy prided herself on knowing the law, so prior to her court appearance, she went to Wal-Mart and purchased the cheapest car seat she could find for a 3-year-old. She then took the car seat to court and showed the judge that she possessed an appropriate child passenger safety seat for her only son. The prosecutor, upon seeing the safety seat, can file a motion to dismiss the case against Sandy, and the judge, if satisfied that Sandy will use the seat in the future, can sign off on the motion to dismiss.

Question 4: What’s the citation? Frank, 18-years-old, is driving his 16-year-old brother Fred around town as part of his punishment for sneaking out with his girlfriend the night before. Neither Frank nor Fred are wearing their safety belts. Frank is stopped for running a red light. Besides from the red light issue, Frank has committed two offenses: not wearing his own safety belt and driving with Fred not wearing a safety belt. Fred has also committed the offense of not wearing his own safety belt.

Question 5: The DSC Dilemma Both Frank and Fred requested deferred disposition or to take a driving safety course. Judge Bubba refused deferred disposition for both boys. For Frank’s charge of riding without wearing his own safety belt, Judge Bubba refused to allow Frank to take DSC. Instead, for the charge of allowing Fred to ride without his safety belt, Judge Bubba required Frank to take a specialized DSC that includes four hours of instruction encouraging child passenger safety seat systems and the wearing of seatbelts. Judge Bubba refused to allow Fred to take DSC. Judge Bubba proceeded properly under the law by not allowing a traditional DSC and requiring a specialized DSC.

Question 6: Busted! Grandpa and Grandma are in town for their grandson’s college graduation. Junior wants to impress his parents and grandparents by taking everyone out to dinner as a thank you for all of their support (and food money throughout college). Junior drives Mom, Dad, Grandma, and Grandpa to his favorite restaurant – Junior and Dad in the front seat, and Mom sandwiched between Grandpa and Grandma in the back. Unfortunately, Junior is so pre-occupied bragging about his new job, he ignores the reduced speed zone, and is stopped by Officer Busted. Grandpa was not wearing his safety belt. Officer Busted could issue a citation to Grandpa for not wearing a safety belt, along with issuing one to Junior to speeding.

Question 7: Sally’s Special Seatbelt Sensitive Sally’s skin is bothered by the shoulder strap of her seatbelt. She decides on her own to wear her safety belt so that the lap portion is across her lap, but the shoulder part (which is designed to cross in front of her torso) is placed behind her torso against the seat. Because Sally is using her safety belt across her lap, she has not committed an offense by not wearing the shoulder strap properly.

Question 8: Doctor’s Orders Sensitive Sally is cited for not being properly secured in her safety belt. After being ticketed, she visits her doctor and gets a written statement from the doctor saying that she should not wear a safety belt for medical reasons. She presents this letter to the court a week after being cited. Presenting the letter in this manner is a defense to prosecution for the safety belt offense.

Question 9: Rodney’s Roadster Rodney enjoys classic cars. His 1959 convertible is his favorite car for driving through the country roads near his home. He bought the car 3 years ago, and spent much time and money restoring the car to its original glory. When he purchased the car, it was equipped with after-market safety belts. Because the 1959 convertible was not originally equipped with safety belts or safety belt anchorages, Rodney removed the safety belts so that the car would be historically accurate. Rodney’s vehicle is in violation of the law because it is no longer equipped with safety belts.

Question 10: The Retro Ride Grace is 18 and she drives a 1998 sedan that has been modified to look like a sedan from the 1950’s. To make the look more authentic, Grace removed the seatbelts from all the seats, as the 1950’s inspiration for her car did not have seatbelts. While riding with Grace, Lola (17) is cited for riding without using a safety belt. Although there was no safety belt for Lola to use, she is still guilty of the offense.

Ongoing debates… School buses Pets

Ongoing debates… Pregnant Women Police Officers

So will you buckle up?

Passenger Restraint Laws & Debates