The Senate-approved version of the surface transportation reauthorization bill (H.R. 3) currently in conference committee, contains a provision that would classify failure to wear a seatbelt while driving an automobile as a primary violation of the law, one that would allow a police officer to issue a citation independent of whether or not other traffic infringements were occurring at the time.

Currently, in some states, police officers are able to issue motorists citations for failure to wear a seatbelt, only if they find other traffic violations have occurred.

NHTSA’s research indicates that making this primary seatbelt provision a primary offense, motorists would have a greater incentive to wear their seatbelts. As a result, would likely reduce the number of traffic related fatalities that occur on America’s roads.

The provision would specifically provide a one-time grant amounting to 500 percent of a state’s annual Section 402 traffic safety grant apportionment for states either enacting a primary enforcement safety belt law or achieving 90 percent safety belt use.

The House-passed version of the highway measure does not contain the primary enforcement incentive provision.

MEMA strongly supports the primary seatbelt provision currently in the Senate version of the highway bill, as it would prevent traffic fatalities.