Bluefield Daily Telegraph, Bluefield, WV

Local News

March 10, 2010

Delegate: W.Va.’s seat belt culture makes toughening law unnecessary

CHARLESTON — Overwhelming acceptance of seatbelts erases the need to make failure to hook them up a primary traffic offense in West Virginia, says a House leader.

In fact, says Roads and Transportation Chairman Dale Martin, almost 90 percent of West Virginia motorists use seatbelts, a higher mark than any of the surrounding states where primary offense laws are on the books.

For that reason, Martin said Tuesday, his committee isn’t inclined to take up a Senate bill that would make the seatbelt law a primary offense, meaning police wouldn’t need another excuse to pull over a driver for not wearing one.

After polling his committee, Martin, D-Putnam, said, “There wasn’t enough support to put it on the agenda.”

“So why put it out there and run it if it’s not going to pass, anyway,” Martin said.

Martin said the only distinction in the bill is the penalty phase — dropping the existing fine from $25 to $15.

“All we’re talking about is the penalty,” Martin said.

“Both require a seatbelt.”

What Martin finds as telling is the statistics from the Division of Motor Vehicles showing a higher acceptance of seatbelts in West Virginia than neighboring states, where the law is a primary offense.

“I don’t think it would improve usage,” Martin said of the Senate bill, crafted by Sen. Corey Palumbo, D-Kanawha.

“That’s what the committee is looking at, too. They’ve seen the same figures, the same results. We’ve done a great job in the state of West Virginia and people of West Virginia understand the importance of wearing a seatbelt.”

Mindful of the DMV stats, Martin said, “I don’t know that changing the penalty is going to make it any better than we have today.”

If figures show a sudden decline in usage, however, Martin vowed whatever action is needed to improve it.

“If it means making it a primary offense, sure, we’ll do that,” the chairman said.

“I don’t believe the committee sees it necessary to change the law at all.”

With the Senate bill dead, that seemingly closes the door on any last-week effort to revive the cell phone bill that never exited the Senate.

Delegate Nancy Guthrie, D-Kanawha, was dismayed that a Senate panel first emasculated her bill worked out in interims by abandoning the ban on hand-held cell phone usage.

That left only a prohibition against texting, but even that measure did not come to the Senate floor for a vote.

Now that the seatbelt bill is gone, there apparently is no other vehicle via which the House could resurrect the cell phone legislation.

Martin theorized that seatbelt usage, while strongly opposed when the devices were mandated, have woven their way into the fabric of West Virginians.

“It’s culture,” he said.

Back when his son was a youngster, Martin recalled, he had a standing rule — the car doesn’t start until everyone inside is belted.

From there on, he said, his son admonished his cronies in the same manner. No belts, no ride.

“A lot of parents, myself included, understand the safety aspects of seatbelts and saving our kids’ lives,” he said.

“It’s just transferred over to our kids. We’ve done a good job here in the state. Parents are a big contributor to that culture.”

— E-mail: mannix@register-herald.com

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