NewsApril 7, 2004
JEFFERSON CITY, Mo. -- Police would be able to initiate traffic stops solely on the belief that a motorist or passenger isn't wearing his seat belt under a bill the Senate approved Tuesday. State Sen. Jon Dolan, R-Lake St. Louis, said his narrowly tailored proposal is a small infringement of individual choice that is outweighed by the state's interest in improving safety...

JEFFERSON CITY, Mo. -- Police would be able to initiate traffic stops solely on the belief that a motorist or passenger isn't wearing his seat belt under a bill the Senate approved Tuesday.

State Sen. Jon Dolan, R-Lake St. Louis, said his narrowly tailored proposal is a small infringement of individual choice that is outweighed by the state's interest in improving safety.

"This is about as bare bones as you can get," Dolan said.

A violation would be subject to a $15 fine with no additional court fees. No points would be assessed against a driver's license. Police could not use a traffic stop on a seat belt violation as a pretext to search a vehicle.

The Senate sent the bill, which includes other vehicle safety matters, to the House on a 22-10 vote. Southeast Missouri's senators split on the issue with Senate President Pro Tem Peter Kinder, R-Cape Girardeau, in favor and state Sen. Bill Foster, R-Poplar Bluff, against.

While current state law mandates seat belt use, police may only issue a citation if they stop someone for another traffic violation.

Senate Minority Leader Ken Jacob, D-Columbia, said that while wearing a seat belt is a good idea, the decision should be left to the individual.

"Now the government can pull us over for choosing not to protect ourselves," Jacob said of the bill.

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The main provision of the bill would require children age 6 and under to be secured in a child passenger restraint system or booster seat when traveling in a vehicle.

Drivers could be fined $25 for failing to secure child passengers but could escape the penalty by proving to a court that they obtained an appropriate restraint system subsequent to the violation.

State Sen. Wayne Goode, D-Normandy, said he would try to keep the seat belt provision in the bill, but opposition to it is apparent in the House of Representatives. Dolan amended the provision on to Goode's bill.

State Sen. Harold Caskey, D-Butler, warned that the seat belt proposal could derail the overall bill.

"Amendments are parasites; sometimes they suck the life out of the host," Caskey said. "Beware of this one. This one is a major parasite."

The bill is SB 710.

mpowers@semissourian.com

(573) 635-4608

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