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7/6/2011 Seatbelt primary offense legislation signed into law

STATE HOUSE – The General Assembly passed and the governor signed legislation that will make the failure to wear seatbelts by adults a primary offense in Rhode Island.

Passed by the legislature and now law are (2011-H5449Aaa), sponsored by Rep. Anastasia P. Williams (D-Dist. 9, Providence) and (2011-S0022A) introduced by Sen. John J. Tassoni Jr. (D-Dist. 22, Smithfield, North Smithfield).

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 new primary seatbelt law, violators would face an $85 fine.

The primary seatbelt law went into immediate effect with the governor's signature, June 30, and will expire on June 30, 2013.

The legislation 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 the bill will increase the incentive for drivers to follow traffic safety rules. Studies show that nearly 40 percent of Rhode Island adults do not wear seatbelts. Statistics available for 2008 show there were 55 fatal car accidents in the state, and that 19 of those victims were not wearing seatbelts.

Enacting the law by the end of June makes Rhode Island eligible for about $4 million in federal highway funds, with some of it committed to efforts to promote seatbelt use.

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.

Co-sponsors of the House bill include Rep. Roberto DaSilva (D-Dist. 63, East Providence, Pawtucket), Rep. John M. Carnevale (D-Dist. 13, Providence, Johnston), Rep. Raymond A. Hull (D-Dist. 6, Providence, North Providence) and Rep. Lisa Baldelli Hunt (D-Dist. 49, Woonsocket).

Senate bill co-sponsors are Sen. David E. Bates (R-Dist. 32, Barrington, Bristol), Sen. Frank Lombardo III (D-Dist. 25, Johnston) and Sen. James E. Doyle II (D-Dist. 8, Pawtucket).


For more information, contact:
Randall T. Szyba, Publicist
State House Room 20
Providence, RI 02903
(401) 222-2457


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