Police Chief Backs Traffic Stops For Seat Belt Violations

Johnston Police Chief Richard Tamburini said Thursday he is in favor of bills in the General Assembly that would extend the "primary" seat belt law, which allows police to pull over motorists who are not wearing a seat belt.

The law in place now is due to expire June 30; it was passed in 2011. Before that, although wearing a seat belt was the law, Rhode Island's "secondary" law only allowed police officers to cite motorists for not buckling up if they had been pulled over for another reason.

More than 30 states have primary seat belt laws, including Maine and Connecticut, according to the state Department of Transportation. 

In the five-year span from 2008 to 2012, approximately 130 unbuckled fatalities occurred in Rhode Island, RIDOT cites on its website.

"Industry experts agree almost half of these people would have survived had they been wearing their seatbelt. That means about 65 people could still be with us today had they been properly restrained. This needless loss of life is unacceptable and sadly, very preventable."

"It's been very effective," said Tamburini. "The seat belt law works. It's been proven to work, to save lives. In law enforcement, we are totally convinced that the seat belt law saves lives."

But while most people agree that seat belts save lives, not everyone is in favor of the forcing motorists to wear them and, more to the point, being able to pull them over just because they aren't wearing one.

Rep. Brian Newberry (R-North Smithfield), minority leader of the House, is one of those, according to the Providence Journal: 

He acknowledged the good that wearing seat belts accomplishes by pointing to a scar on his right temple, from an injury he suffered in a 70-mph car crash he survived because he had buckled up. 

“I wouldn’t be alive here without seat belts,” he said. But the choice to wear them, even if it’s a bad one, should be up to the individual, he said. “ … We shouldn’t be legislating everyone’s foolish behavior.”

Rep. Doreen Costa (R-North Kingstown) was also quoted in the Projo article: “It’s the nanny state making a money grab from the taxpayers."

Costa said the $85 fine imposed for the seat belt violation was needlessly onerous.

The Senate Judiciary Committee took up the bill (S-0352) Thursday. The House has yet to hear its version of the bill (H-5140).

The Rhode Island affiliate of the American Civil Liberties Union is opposed to extending the law for fear it could be used to harass people, particularly minorities. ACLU policy associate Hillary Davis said the group also believes the use of a seat belt is an individual decision, the Projo reported.

Tamburini said in Johnston, the vast majority of police stops are for something other than the failure to wear a seat belt, even with the primary seat belt law. He said he thinks the law itself provides a significant deterent. 

"It's very rare to see people not wearing a seat belt compared to a few years ago," Tamburini said.