Mississippians can be pulled over for not wearing their seatbelts under a law signed by Gov. Haley Barbour.
House Bill 409, known as the primary safety belt bill, allows police officers to stop a car if they see occupants who are unrestrained.
The bill only applies to front seat passengers and children under the age of eight. If motorists are found in violation of the law, a $25 fine will be issued.
Previously, officers could only issue seat belt citations if other violations were found. This marks the first time strict seat belt legislation has survived both chambers of the Mississippi legislature.
“History is being made in Mississippi today as we strengthen the law governing protection of occupants in vehicles,” Barbour said in a public ceremony last week.
Debate ensued for weeks among representatives in Jackson because some viewed the new regulations as encroachment on motorists’ individual rights.
Some claimed that racial profiling would cause more black motorists to be stopped as a result.
“I don’t see how you could get a profiling issue out of a seat belt violation,” Starkville police officer Sgt. Mark Ballard said.
If an officer pulled over a minority individual in an expensive car and inferred that the individual had stolen the car, that would be profiling, Ballard said.
Keeyon Scott, SA Chief of Staff and member of the Black Student Alliance, said he thinks the seat belt law is a non-issue when it comes to race.
“I don’t think that the law would be considered racial profiling. If [the police are] going to be discriminatory against African-Americans, they are going to do it anyway, whether it’s inconspicuous behavior or bumping loud music,” Scott said. “I really think the seat belt law won’t cause much of a racial issue.”
Ballard said he also believes the new law will not cause more unnecessary police stops for motorists because people who drive unrestrained are breaking the law.
“If you’re probably not in the condition to drive, [wearing a seat belt] might be a thing that you fail to do.”
Philosophy and religion professor Michael Clifford says that if there’s a good public interest served by restricting one’s rights, then as a member of a good society one has to abide by it.
“People say, ‘It’s my business what I do in the privacy of my car.’ The truth of the matter is, they’re using public roads, and the state has a right to say how those roads are used.”
Clifford said that restrictions are placed on certain laws when they need to be.
“For example, you can’t yell ‘fire’ in a crowded theater,” Clifford said. “If they [the legislature] think it’s in the best interest of everyone for seat belt laws, and there’s good evidence for that, they can say they have met the burden of proof for limiting your rights.”
Mississippi’s safety belt usage rating is the second worst in the nation, at just under 61 percent. In 2004, 900 people were killed on state roadways. Out of that number, more than 75 percent of drivers were unrestrained. Additionally, of the 136 people ages 15-20 killed in accidents, 82.4 percent were not wearing seat belts, according to the National Safety Council.
Nationwide awareness in seat belt usage increased last year, with thirty-four states increasing their seat belt use, according to the Federal Traffic Safety Agency.
Another incentive that may have kept the bill alive in the legislature included a promised $94 million in savings for statewide taxpayers, according to the National Highway Traffic Safety Administration.
Moreover, the recently passed Federal Highway Safety Bill will bring $8.7 million in grant money to the state’s coffers. The bill’s sponsor, Rep. Bryant Clark (D-Pickens), said in January that the state’s transportation department would use the money for road improvements.
However, the new law will also affect many MSU students during the summer and fall semesters. Although sorority, fraternity and residence hall students would be minimally affected on campus, the bill could affect an estimated 8,000 commuters.
Laurie Raymer, a junior broadcast meteorology major, says that through her personal experience, she’s found that seat belts don’t always save lives.
“My boyfriend was in a car accident and he was not wearing a seat belt,” Raymer said. “It saved his life because he was able to duck down into the floorboard when the truck flipped. Otherwise, he would have been killed.”
Ballard had a similar experience during a police pursuit. In his case, however, Ballard said his seat belt saved his life.
“I walked through without injury thanks to my seat belt and airbag. If I had not been wearing one, I would probably be severely disabled and would not be able to work in law enforcement,” Ballard said.