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A number of trends indicate that mandatory seat belt use legislation is to be expected within the near future. The constitutionality of such self-protective legislation has been the subject of recent speculation. Constitutional challenges may be expected to come in the areas of due process, equal protection, and right to privacy. Recent decisions dealing with motorcycle helmet legislation form a basis for discussion of the constitutional issues involved. These decisions illustrate principles upon which the courts could sustain mandatory seat belt use legislation as constitutionally valid.
Low seat belt usage rates have persisted for years despite efforts to educate people about belts' benefits. There is ample documentation of the contribution of seat belts to saving lives and reducing injury. The emotional and pecuniary toll of the failure to use belts is enormous, yet of little effect in modifying people's behavior. Involuntary measures seem to be the only effective solution to the problem of misperceptions about belts' effectiveness and ingrained attitudes which resist education. Compulsory belt use laws have been successful in other countries, and since 1984 have been considered by the Department of Transportation to be a viable alternative to passive restraints. The possibility of the widespread adoption of mandatory belt use laws has again raised questions about the legitimacy of such self-protective legislation. A similar debate spawned many court cases 15-20 years ago when mandatory motorcycle helmet use laws were passed. Many of the arguments made then are relevant to the seat belt issue. The basic question remains: Are the devices effective enough and is the public interest in protecting the individual strong enough to warrant the intrusion on privacy? The answer must consider that driving takes place in a public arena. Further, studies indicate a substantial correlation between seat belt use and the protection of life and health. A case can be made for many third party effects and social costs of accidents, so this matter involves more than a mere question of the individual right of privacy. Given the traditional deference of the courts to state legislatures in the area of highway safety regulation, mandatory seat belt use laws may well pass constitutional challenges. Various legal theories support this conclusion. The right to travel is subject to reasonable regulation. A law applicable to all automobiles can hardly be described as discriminatory, thus dismissing equal protection objections. As long as there is no substantial interference with interstate travel and there are tangible "local" benefits, the flow of commerce is not impermissibly restricted. The volume of statistics supporting belts' efficacy constitute a reasonable means of serving a legitimate state interest in public health and welfare. They may well pass a more rigorous standard, and amount to a real and substantial relation between the law and its objective. The due process challenge thus being satisfied, the remaining question becomes one of a policy choice for the legislature about the desirability of this means over other alternatives.
This report discusses the current environment which would influence the consideration of a mandatory safety belt use law in Virginia. First, the regulatory context fostered by the U.S. Department of Transportation's issuance of federal motor vehicle safety standard 208 is examined. This rule requires that automobile manufacturers install passive restraints such as airbags or automatic seat belts in all cars by 1989 unless states covering two-thirds of the nation's population enact mandatory safety belt use laws. Next is a discussion of the provisions of the mandatory use laws in effect in 16 states, along with data from New York and New Jersey, the first two states to enact such legislation. In New York State, safety belt usage increased from around 20% to nearly 78% following the effective date of the law. While the use of belts subsequently declined, it remained two or three times higher than before the law. A significant decline in highway fatalities was also noted following passage of the mandatory use law. Finally, data on safety belt usage and traffic deaths in Virginia are examined. According to statistics from the Fatal Accident Reporting System, of the 2,154 people killed in highway accidents in Virginia between 1982 and 1984, 2,076 (96%) were not wearing safety belts. Belt wearers, who constitute as much as 20% of the motorists, accounted for only 4% of the traffic deaths. A similar relationship is evident in the data for each of the Department of Motor Vehicle districts in the state.
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Safety Belt Usage

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Investigations and Review

Published: 1978

Total Pages: 738


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