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Issue Summary - Seat Belts

Should seat belts be mandatory?

Issue Facts

By: LFDA Editor

Seat BealtsNew Hampshire is the only state that does not require adults to wear a seat belt. Under current law, only children under 18 have to buckle up in New Hampshire.

In 2009, the House passed HB 383 which called for a "primary" safety belt enforcement law. Under this law, if a police officer observes any adult driving without a seat belt on, he or she must issue that motorist a citation- $50 for the first offense and $100 for a second or subsequent offense.

The bill applied to all vehicles except large school buses, cars manufactured before 1968 and vehicles that make frequent stops for business purposes.  

According to the Associated Press, "New Hampshire would be eligible to receive $3.7 million in federal grants if it enacts a primary seat-belt enforcement law.”

HB 383 failed to pass in the Senate.

According to Transportation Department statistics, NH had the second lowest rate of motorists who used seat belts (68.9%) in 2009. The national average is 84%.

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Pros

Pro Issue Opinion by LFDA Editor, for a seat belt law:

 
  • In 2009, proponents for House Bill 383 becoming law were looking forward to $3.7 million in 2010 from federal grants New Hampshire will receive for mandating a primary seat belt law.
  • According to a National Highway Transportation Safety Administration report from March 2008; the first year of a seat belt law could save NH state $400,000, residents $1.2 million, and insurance companies about $5.1 million, due to the decrease in injuries in car crashes.

  • A NHTSA survey estimates that 68.9% of New Hampshire drivers wear seat belts compared to the national average of 84%. The primary law could make this percentage go up, potentially reducing injuries.

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Cons

Con Issue Opinion by LFDA Editor, against a seat belt law:

 
  • Responsible adults already wear seat belts and do not need a law that contradicts the freedoms embodied in New Hampshire’s “Live Free or Die” motto.
  • Some people believe that since the Bill would allow police to pull people over for not wearing a seat belt if even no other infraction has been committed, it is an infringement upon citizen’s Fourth Amendment rights of illegal search and seizure.
  • There’s nothing in the proposed seat belt laws to protect residents from roadblocks to check for seat belt compliance. The proposed law also does not allow a driver to temporarily unbuckle in the case of an emergency.
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Take Action

If you are interested in the seat belt issue and want to take action here are some choices:

  • If you are new to contacting your government, please visit our page on How to Take Action.
  • Contact one of the organizations listed in Learn More. These groups represent the pro or con positions of issues.
  • Contact a government official as follows:

1. Contact members of the New Hampshire House of Representatives or the New Hampshire Senate.

2. Contact the Committee chairperson or members of the House Transportation Committee or the Senate Transportation and Interstate Cooperation Committee – these are the committees that oversee this issue.


3. Contact the head of the New Hampshire Department of Safety.

4. Give your opinion to Governor John Lynch.

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Issue Status

HB 383 failed to pass in the Senate (16-8).

Polls/Surveys

Rockefeller Center State of the State poll (62% support mandatory seat belts in NH)

GMAC National Drivers Test Survey (NH ranks 43rd)

Seat Belt News

January 5, 2010
Nashua Telegraph: NH motor vehicle fatalities at 47-year low
December 16, 2009
Forbes: America's Safest Drivers (NH ranks 3rd)
June 14, 2009
USA Today: Safety advocates seek more seat belt use