At the time of publication, it appears that the 2009 legislative session is among the best yet for protecting people in motor vehicles. Four more seat belt laws now can be enforced as a primary offense, while no primary laws passed in the prior year. Six states improved their child restraint laws, the same as in 2008. In addition, improvements were made to several safety-related laws, such as amendments that require rear seat belt use, graduated licensing, and cell phone use restrictions.
     Laws enacted and in effect by June 30 qualified for federal SAFETEA-LU incentive grants. This financial advantage was introduced in most state legislatures, with a focus on how funding related to passage of legislation could be used to offset current state budget strains. In some states, this promise of federal dollars seemed to strengthen the life- and cost-saving messages to assist passage of the law, while in other states federal incentives generally have been viewed negatively. Some legislators expressed the belief that states should not be influenced by national priorities, regardless of funding advantages.
     The SAFETEA-LU funding was made available for states that passed child restraint laws up to at least age 8 (7 and under) that allow for primary enforcement. New seat belt laws with primary enforcement and without unreasonable exemptions also qualified for funding, in amounts much greater than the child restraint law incentives. Specific award amounts were based on a number of factors, including population density and the number of eligible laws sharing the available funds. Interestingly, some laws passed by the funding deadline, but do not meet the SAFETEA-LU funding eligibility requirements.
     All of the improved child restraint laws include enforceable age requirements, but they also refer to arbitrary heights rather than measures of true seat belt readiness. Some also indicate an upper weight out of consideration for the limits of some booster alternative products (higher weight harness CRs). Because of differences in vehicle seat cushion depths and femur length, along with shoulder belt anchor location and seated heights, laws that include a seat belt fit assessment may be more effective that age/weight limits at bridging the gap between legislation and education. Current laws in Wyoming and New Mexico provide examples of seat belt fit language.
     Other new state laws include nine new bans on text messaging while driving and improvements to some graduated license requirements. Wisconsin has passed a new law requiring alarms in day care provider vehicles to help ensure that no child is accidentally left behind in the vehicle. In addition, the city of St. John, Missouri, now allows primary enforcement of the seat belt law, after a similar bill failed in the state legislature.

Summary of key components of new occupant protection laws
(by state, alphabetically):

Alaska – Age 7 and younger must ride in a CR unless 4’9” or more than 65 pounds
Arkansas – seat belt law converted from secondary to primary
Florida – seat belt law converted from secondary to primary
Indiana – Out-of-state drivers no lon¬ger exempt from CR law
Louisiana – Primary seat belt law now applies to rear seat occupants (see related article, page 5)
Minnesota – Age 7 and younger must ride in a CR unless 4’9”
Minnesota – seat belt law converted from secondary to primary
Ohio – Age 7 and younger must ride in a CR unless 4’9” (secondary enforce¬ment age 4+)
Rhode Island – Age 7 and younger must ride in a CR unless 4’9” or 80 lbs
Texas – Age 7 and under must ride in a CR unless 4’9”
Texas – Primary seat belt law now applies to rear seat occupants 16 or younger
Wisconsin – seat belt law converted from secondary to primary

Safe Ride News July/August 2009