Subject:
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Re: Trying to understand
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Tue, 21 Mar 2000 01:06:29 GMT
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Viewed:
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331 times
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In lugnet.off-topic.debate, Larry Pieniazek writes:
<schnip!>
> It is mandatory, on pain of losing federal highway funds (a case of using the
> purse power to get a state to pass a law instead of passing a federal law. I
> personally feel it's wrong to do that, but I digress).
>
> What is not mandatory is the manner in which it is enforced, and the penalty.
> Some states have enacted laws that allow police to pull over motorists for
> only a seat belt infraction, some require some other infraction. Some states
> make it a "points" offense like speeding (which impacts your insurance
> rating), some don't.
If I may expand on what Larry has said here;
In some US states, drivers are supposed to ensure that they themselves, and
their passengers are belted at all times while the vehicle is in motion.
Enforcement of such laws is delegated to state police, county sherriffs, and
local police. Depending on the state, drivers may be stopped and cited for
failing to wear their seat belts, or may only be cited for failing to wear
safety restraints only if they were stopped for some other more weighty
offence.
For example, my home state of Alaska (in order to preserve citizen's rights)
did not allow the police to stop drivers for failing to have their seatbelts
fastened when the law was first enacted 10 years ago. There had been come
concerns when the law was passed that the police would stop drivers
(ostensibly for not having their seat belts fastened) and proceed to search
the driver, any passengers and the vehicle on those grounds, whereas such a
search would have been legal if the vehicle had been stopped for speeding or
running a red light.
(I seem to recall a spate of tickets when the law was first enacted as state
troopers and city cops tacked "failure to engage safety restraints" onto every
ticket they wrote, as the only defence was the violator's word versus the
officer's, and most people paid up rather than argue it in court.)
In other states, each person in the vehicle is responsible for buckling up,
and will be ticketed individually if found to be unbelted. IIRC, Montana is
such a state, and possibly California. I could definitely be wrong with these
examples, though.
-Cheese
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Message is in Reply To:
 | | Re: Trying to understand
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| (...) It is mandatory, on pain of losing federal highway funds (a case of using the purse power to get a state to pass a law instead of passing a federal law. I personally feel it's wrong to do that, but I digress). What is not mandatory is the (...) (24 years ago, 21-Mar-00, to lugnet.off-topic.debate)
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