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June 29, 2007

New Indiana seat-belt laws will affect nearly all passengers on Hoosier roads

New law mandates all passengers must be belted

By Laura Followell The Tribune Star Fri Jun 29, 2007, 12:27 AM EDT

TERRE HAUTE — Changes to Indiana seat-belt laws can affect nearly every occupant of a passenger motor vehicle or truck beginning Sunday, a date that also starts a statewide traffic enforcement blitz.

Amendments to House Enrolled Act 1237 mandate that each occupant in a motor vehicle, both in the front and back seats, must wear a seat belt, including sport-utility vehicles and pickup trucks.

As a result of the revisions, the Indiana General Assembly prohibits seat-belt checkpoints, but implemented a provision that allows law enforcement to stop any vehicle to determine its occupants’ compliance with the seat-belt law.

However, a vehicle, its contents, the driver or passengers may not be inspected, searched or detained solely because of a seat-belt violation.

During the Click it or Ticket campaign, under the old provisions, the Terre Haute Police Department issued over 1,000 citations to motorists who did not have a seat belt on. The department used seat-belt checkpoints.

Police Chief George Ralston said the omission of seat-belt checkpoints will not reduce the number of citations that officers issue and would free up more officers for patrol.

Previously, the law required only front-seat occupants in cars to wear seat belts, while trucks and SUVs with truck plates were exempt.

Indiana law enforcement officers still can conduct sobriety checkpoints. Local police agencies plan to organize sobriety checkpoints next week as part of a zero-tolerance approach and in conjunction with the deadliest holiday of the year, Independence Day.

Ralston said the department has the manpower for increased patrol this year and had 26 officers devoted to the effort last year.

Grant money, some $10,000 from the Criminal Justice Institute, allocated to city police will help fund the effort.

Citizens will see increased patrol in both city and county from Sunday to July 8, Ralston said.

“We’ll be aggressively enforcing the impaired driving and … seat-belt violation,” Ralston said. “So we’re going to be out there. The whole crux of this whole thing is to make people safe.

“We’re not condoning drinking and we’re not against it, but you have to drink responsible. If you don’t drink responsible, we’re going to be out there and we’re going to be taking care of business,” he said.

The federal grant money will pay for officers’ overtime during increased patrols.

The Vigo County Sheriff’s Department received $6,000 and the West Terre Haute Police $1,000 in grants for increased patrols throughout next week.

Sheriff Jon Marvel said traffic accidents are the No. 1 killer of children ages 3 to 14 in the United States.

“If you’re going to drink, don’t drive,” Marvel said. “ … Party hosts and business especially need to recognize their responsibilities and know that they can be held liable if upon leaving homes or establishments that their guests or patrons cause an alcohol-related death. So we urge everybody, especially during this July 4th weekend, to use common sense, and don’t drink when you drive.”

Laura Followell can be reached at (812) 231-4253 or laura.followell@tribstar.com.

Exempt from the law

The seat-belt law excludes the following:

• Motorcycles

• Buses

• Off-road vehicles

• People who cannot wear seat belts for medical reasons — person must have written documentation from physician

• Child in child restraint system

• Commercial or U.S. Postal Service vehicles

• Newspaper motor route carrier or bundle handler

• Farm truck while on a farm

• Passengers in a parade

• Passenger in treatment area of ambulance

• Passenger in sleeping area of tractor trailer

• Passenger in vehicle without installed seat belts

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