Insurer Groups Clash On Seatbelt Law Enforcement

By Steven Brostoff, Washington Editor

NU Online News Service, Feb. 19, 12:04 p.m. EST, Washington?Two insurer trade groups are at odds over legislation that would penalize states that fail to enact primary enforcement seatbelt laws.[@@]

The Senate measure is supported by consumers and safety organizations and the American Insurance Association. But the Property Casualty Insurers Association said while it backs seatbelt use, it doesn't support the bill.

Advocates for Highway and Auto Safety, the Washington-based alliance, is pushing for enactment of S. 1993, which is co-sponsored by Sens. John Warner, R-Va.; Hillary Rodham Clinton, D-N.Y.; and Mike DeWine, R-Ohio.

Under the legislation, states would be given three years to enact a primary enforcement seatbelt law, which allows police officers to stop and issue citations to drivers who are not wearing a seatbelt.

This contrasts to a secondary seatbelt law, which allows police officers to issue seatbelt citations only if they stop a vehicle for some other violation.

States that do not enact a law within three years could lose two percent of their federal highway funds. Continued failure to enact a law could lead to a loss of four percent of federal highway funds.

Advocates says that only 20 states now have primary enforcement seatbelt laws, despite research showing that these laws increase the use of seatbelts by 10-to-15 percentage points.

Advocates President Judith Lee Stone told a recent press briefing that the need for federal legislation is urgent.

"The pace of adoption by states of this lifesaving law has been painfully slow, only about one per year," she said. "At this rate, it will be the year 2035 before we have all states with primary enforcement laws and higher seatbelt use rates."

According to Advocates, seatbelts save some 13,000 lives every year. In addition, Advocates says, some 7,000 people die every year because they do not use seat belts.

David Snyder, vice president and assistant general counsel with the Washington-based American Insurance Association, said S. 1993 could save thousands of lives.

"There is absolutely no question that seatbelts save lives and prevent injuries," he said. "Yet studies show that the United States lags behind many other developed nations with respect to seatbelt use."

But at least one insurance group, the Des Plaines, Ill.-based Property Casualty Insurers Association of America (PCI), is questioning S. 1993, stating that state legislatures should make the decision on primary seatbelt laws.

"PCI is a strong supporter of seatbelt use," said Anne Sittmann, a PCI spokesperson. "However, PCI does not believe the federal government should be withholding highway funds from the states for the purpose of enforcing seatbelt laws."

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