Legislators Buckle-Down on Seatbelt Law

With the 2011 seatbelt law set to expire on June 30, the House of Representatives today voted to repeal the sunset provision so that failure to wear seatbelts by adults will remain a primary offense in Rhode Island.

The House passed the bill (2013-H 5140), sponsored by Rep. Anastasia P. Williams (D-Dist. 9, Providence), in a 53 to 17 vote. Sen. Joshua Miller (D-Dist. 28, Cranston, Providence) sponsors the Senate companion bill (2013-S 0352).

Prior to enactment of the legislation, state law classified failure to wear seatbelts a secondary offense, and officers could cite seatbelt violations only if a primary offense had occurred – such as running a red light or driving above the speed limit. Police could also ticket drivers who were transporting children who were not properly restrained.

Under the primary seatbelt law, violators can face an $85 fine. The legislation also makes it clear that police cannot search a vehicle, driver or occupant of the vehicle that has been stopped for failure to wear a seatbelt unless they have committed another violation.

The sponsors say they believe their legislation has been a good incentive for drivers to follow traffic safety rules.

“I think there’s still this notion floating around that refusing to wear a seatbelt is not a big deal,” Representative Williams said. “But it is a big deal. It is imperative for each one of us to educate others about the importance of wearing a seatbelt and traffic safety laws. It’s bad enough to lose the life a loved one in a car accident, but when that death could have been prevented, it’s even more difficult to bear.”

From 2008 to 2012, approximately 130 unbuckled fatalities occurred in Rhode Island. According to the Rhode Island Department of Transportation, about half of those deaths may have been preventable had the passenger worn a seatbelt. More than 30 states have primary seatbelt laws, including Maine and Connecticut. Since Connecticut changed its law from a secondary to a primary offense, the state reports it has experienced its highest level of safety belt compliance.

Cosponsors of the House bill include Representatives Agostinho F. Silva (D-Dist. 56, Central Falls), John M. Carnevale (D-Dist. 13, Providence, Johnston), Raymond A. Hull (D-Dist. 6, Providence, North Providence) and Thomas Winfield (D-Dist. 53, Smithfield, Glocester). The bill will now be sent to the Senate for consideration.

Senators V. Susan Sosnowski (D-Dist. 37, South Kingstown, Narragansett), Donna M. Nesselbush (D-Dist. 15, Pawtucket, North Providence), Christopher S. Ottiano (R-Dist. 11, Portsmouth, Bristol) and David E. Bates (R-Dist. Barrington, Bristol, East Providence) cosponsor the identical legislation in the Senate.