SPONSOR: Rep. Oberle & Sen. Henry ;
Reps. Cathcart, D. Ennis, Fallon, Lofink, Reynolds; Sens. Sokola
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE OCCUPANT PROTECTION SYSTEM SAFETY ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4802(a), Title 21, Delaware Code by deleting the words "any passenger in the front seat" and inserting in lieu thereof the words "each occupant of the passenger compartment of the motor vehicle who is 16 years of age or older".
Section 2. Amend § 4802(d), Title 21,Delawre Code by deleting that subsection in its entirety.
Section 3. Amend § 4802(g), Title 21, Delaware Code by deleting it in its entirety and inserting in lieu thereof the following:
"(g) Failure to wear a seat belt is a violation and shall be punishable by a fine of $25.00 for each violation. The failure to wear a seat belt by more than one person in the same vehicle at the same time, as required by this section, shall not be treated as a separate offense. Any fine imposed herein shall be in addition to the penalty assessment imposed by 11 Delaware Code § 9012(a)."
Section 4. Amend § 4802, Title21, Delaware Code by deleting the words "front seat passenger" as they appear in the title.
Section 5. The General Assembly encourages insurance companies doing business in Delaware to consider the passage of this bill which requires all passengers in motor vehicles to wear seat belts in determining the premium pricing structure for motor vehicle liability insurance.
Section 6. This bill shall become law upon enactment, however for the first 60 days after enactment, violators shall be warned for education purposes and not cited under this act.
SYNOPSIS
Over the past year, Delaware has experienced a significant increase in motor vehicle fatalities. In many cases, the persons killed were not wearing their seat belts. Delaware has also witnessed a decline in seat belt compliance.
In an effort to increase seat belt compliance, thereby saving lives, this legislation establishes as a primary offense failure to wear a seat belt. The bill specifies that failure to wear a seat belt is a violation punishable by a $25 fine.
As such, Delaware law enforcement officers will be able to lawfully stop motor vehicles based upon the non-use of a seat belt by an occupant of the passenger compartment of a motor vehicle. Other states that have enacted primary seat belt laws have seen a corresponding increase in seat belt compliance.
This bill recognizes that requiring all motor vehicle passengers to wear seat belts will reduce the costs related to death, injury and property damage resulting from motor vehicle crashes. Motor vehicle insurance providers will benefit from this reduction in costs since the amount of claims paid will also decrease. The General Assembly encourages motor vehicle insurance companies to recognize this reduction in costs when they establish the premiums to be paid for coverage.