Assigned to TRANS                                                                                                   FOR CAUCUS & FLOOR ACTION

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR H.B. 2402

 

vehicle restraint law; applicability; penalty

 

 

Purpose

 

Requires any passenger under the age of 16 years in a passenger vehicle to use a safety belt.

 

Background

 

According to the National Center for Statistics and Analysis, in the United States in 2000, 72 percent of belted passengers (four years of age and older) involved in a fatal crash survived compared to 43 percent of unrestrained occupants. 78 percent of children under one year of age who were restrained in a child safety seat and were occupants of a passenger vehicle involved in a fatal crash survived the crash as compared to 49 percent of those who were unrestrained.  The Governor’s Office of Highway Safety (GOHS) reports that in Arizona in 2000, 94 passengers using seat belts were killed in automobile crashes, compared to 153 passengers who were not using seat belts.  Also according to GOHS, in Arizona in 2000 81 children (ages 0-14) were killed in motor vehicle crashes and 6,994 children were injured.

 

The Insurance Institute for Highway Safety reports that 49 states (all except New Hampshire) and the District of Columbia have mandatory safety belt laws. Nineteen jurisdictions have primary enforcement, meaning law enforcement may stop vehicles solely for belt law violations.  In Arizona, safety belt enforcement is secondary, which means law enforcement must have some other reason to stop a vehicle before citing an occupant for a seat belt violation.

 

According to GOHS, Arizona may receive to up to $350,000 of federal funds for enacting legislation that increases the penalties for seat belt violations before September 1, 2002.  These federal monies will be earmarked for safety belt programs.

 

There is no anticipated fiscal impact to the state general fund associated with this legislation.

 

Provisions

 

1.      Requires the driver of a vehicle to ensure any passenger under 16 years of age use a lap and shoulder belt in passenger vehicles designed for ten or fewer passengers and manufactured no earlier than 1972.  If the shoulder harness is not installed, the lap belt must be properly adjusted and fastened.

 

2.      Provides for a general effective date.

 

 

Amendments Adopted by Committee

 

·        Removes the increase in the civil penalty.

 

House Action                                                                Senate Action

 

TRANS            2/4/02       DPA      9-1-0-0-0              TRANS          4/18/02     DPA     5-1-2-0                                                                                                                                                                                                                                       2/04/02   DPA                                                                                                                                                                                     9-1-0-0

3rd Read           4/09/02                   32-21-7-0

 

 

Prepared by Senate Staff

April 18, 2002