State laws : child restraint, belt laws as of March 2000.

Auteur(s)
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Jaar
Samenvatting

Forty-nine states (all except New Hampshire) and the District of Columbia have mandatory safety belt laws. In most states, these laws cover front-seat occupants only, although belt laws in 13 jurisdictions (Alaska, California, District of Columbia, Kentucky, Maine, Massachusetts, Montana, Nevada, Oregon, Rhode Island, Utah, Vermont, and Washington) cover all rear seat occupants, too. People in passenger cars, pickups, utility vehicles, and vans are required to comply with belt laws in most jurisdictions, but in a few jurisdictions occupants of some kinds of vehicles (usually pickups) are exempt. Belt use laws in only 18 jurisdictions (Alabama, California, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, and Texas) are standard, or primary, meaning police may stop vehicles solely for belt law violations. Police authority to enforce belt laws in other jurisdictions is limited. Officers must have some other reason to stop a vehicle before citing an occupant for failing to buckle up. In 17 states (Alaska, Arizona, California, Colorado, Florida, Iowa, Kentucky, Michigan, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oregon, West Virginia, and Wisconsin), the safety belt defence is allowed. Damages collected by someone in a crash may be reduced for failure to use a belt. The reduction is permitted only for injuries caused by non use of belts, and, in some states, the reduction may not exceed a fixed percentage of the damages. All 50 states and the District of Columbia have child restraint laws, and all of them are standard except in Nebraska where the law is secondary only for those children who may be in safety belts and standard for those who must be in a child restraint device (see above). They require children to travel in approved child restraint devices, and some permit or require older children to use adult safety belts. The age at which belts can be used instead of child restraints differs among the states. Young children usually are covered by child restraint laws, while safety belt laws cover older children and adults. Because enforcement and fines differ under belt use and child restraint laws, it's important to know which law is being violated when a child isn't restrained. Safety belt laws don't always make a driver responsible for the compliance of passengers, even young passengers. Most child restraint laws cover children in all kinds of motor vehicles. Most require all drivers to restrain children, but some still apply only to parents or guardians. The laws in 5 states (Alabama, Indiana, Louisiana, Oklahoma, and South Carolina) apply only to children in vehicles registered in the state or to the children of residents. Ideally, all infants and children in all vehicles should be covered by safety belt laws or child restraint laws or both. But differences in the way the laws in various states are worded result in many occupants, especially children, being covered by neither law. Lawmakers are eliminating these gaps by amending their child restraint and safety belt laws. They also should make certain that police can stop drivers to enforce restraint laws covering older children. In 28 jurisdictions (Alaska, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming), all children younger than 16 are covered by one or both laws. (A)

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Publicatie

Bibliotheeknummer
20000552 ST [electronic version only]
Uitgave

Arlington, VA, Insurance Institute for Highway Safety IIHS / Highway Loss Data Institute HLDI, 2000, 9 p.

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