Passenger Restraint Laws

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Passenger Restraint Laws Debates
Presented by Cathy Riedel ? Program Director ?
TMCEC
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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
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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
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Three collisions

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

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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

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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

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Amazingly, this person survived because of the
seat belt and airbag
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Click It or Ticket

• First launched in North Carolina in 1993
• In 2010, seat belt use at 85

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meet Vince Larry
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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

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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

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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

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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

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• (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)

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• (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

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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

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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

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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 49) and does
  not keep the child secured in a child passenger
  safety seat system according to the
  manufacturers 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

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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 childs 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

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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

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FACT or FICTION?
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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.
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FACT or FICTION?
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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.
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FACT or FICTION?
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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.
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FACT or FICTION?
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Question 4 Whats 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.
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FACT or FICTION?
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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 Franks 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.
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FACT or FICTION?
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Question 6 Busted!
Grandpa and Grandma are in town for their
grandsons 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.
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FACT or FICTION?
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Question 7 Sallys Special Seatbelt
Sensitive Sallys 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.
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FACT or FICTION?
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Question 8 Doctors 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.
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FACT or FICTION?
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Question 9 Rodneys 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. Rodneys vehicle is in
violation of the law because it is no longer
equipped with safety belts.
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FACT or FICTION?
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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
1950s. To make the look more authentic, Grace
removed the seatbelts from all the seats, as the
1950s 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.
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FACT or FICTION?
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Ongoing debates

• School buses
• Pets

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Ongoing debates

• Pregnant
• Women
• Police Officers

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So will you buckle up?