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Bill to allow cops to stop drivers not buckled in advances


If Rep. Bob Thorpe gets his way police will no longer need an excuse to pull over a motorist who isn’t buckled up.

Existing Arizona law already requires the front-seat occupants of any vehicle to use any seat belts or lap belts installed with the vehicle.

But the only way that state lawmakers agreed to such a mandate decades ago was by spelling out that police officers may cite violators only if they actually have stopped the vehicle for some other reason.

Thorpe, a Flagstaff Republican, said he has been approached by officers of the Department of Public Safety who want to be more proactive — and not for punitive motives.

“They’re not concerned about fines,” he told members of the House Committee on Public Safety on Wednesday. “They’re concerned about saving lives.”

So Thorpe crafted HB 2539 to remove the requirement to find some other excuse to stop a vehicle.

It’s also set up so that a first offense within any 12-month period merits nothing more than a warning.

And even when fines kick in, existing law limits them to no more than $10. That remains unchanged in Thorpe’s legislation.

What having primary enforcement also would do, he said, is allow the state to promote the fact that it wearing seat belts really is the law.

Thorpe told colleagues that more than a third of the people who die in traffic accidents in Arizona are not wearing a seat belt.

“So if our officers could have more tools, a better ability just to remind people that they need to have those seat belts on we could save 300 to 400 lives here in Arizona,” he said.

Warnings and fines aside, Thorpe’s bill would also expand the law. Right now it covers only the front-seat occupants; if approved, HB 2539 would mandate belts for everyone in the vehicle.

Not everyone was convinced that police should get the power to stop vehicles for unbuckled motorists and passengers.

Rep. Kevin Payne, R-Peoria, said he’s not convinced by the data. He said if a third of those who died in accidents were unbuckled, two thirds died even though they were belted in.

And Rep. Anthony Kern, R-Glendale, said he likes the law the way it is, with secondary enforcement.

The future of the measure remains unclear.

It did not get a second scheduled hearing Wednesday in the House Transportation Committee. But Thorpe said there are efforts to have the measure still go to the full House.

One comment

  1. Having read both the federal and state Constitutions carefully, I find no mention of government authority to protect someone from themself. Will the next proposal be to ban hamburgers because the #1 medical cause of death is heart disease?

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