Experts push for stronger seat belt law in Wisconsin
0:27 AM 11/17/03
Reid Magney La Crosse Tribune

Wisconsin traffic fatalities are on pace to hit a 15-year high in 2003, eclipsing 800 for the second year in a row. <

As of Tuesday, 735 people have died from crashes on Wisconsin roads, 41 more than at the same day in 2002. Last year, 805 people perished in Wisconsin crashes. <

Nearly two-thirds of those killed in passenger vehicles last year weren't wearing seat belts, according to the Wisconsin Department of Transportation. <

"Our seat belt usage rate is one of the lowest in the Midwest," said Mark Wolfgram, a DOT program administrator. <

"If the people dying in traffic crashes were, instead, victims of a new disease like SARS or of an airplane crash, the public would demand to know what measures were being taken to prevent more people from dying," said Wolfgram. <

From 1997 to 2001, 2,644 occupants of cars and light trucks died in Wisconsin crashes, according to the DOT. Of those, 1,705, or 64.5 percent, weren't wearing seat belts. <

The state Legislature toughened drunken driving laws in July when it cut the allowable blood alcohol level from 0.10 percent to 0.08 percent. But lawmakers seem less likely to toughen the seat belt law, despite evidence it would save lives. <

Last year, the DOT said a tougher law would increase Wisconsin's seat belt use rate an estimated 15 percent, and save an additional 76 lives a year. <

The National Safety Council will release a report today estimating the number of lives to be saved in Wisconsin and other states by strengthening seat belt laws. <

Wisconsin's current seat belt law went into effect in 1987. It requires the driver and all front-seat passengers to be restrained, as well as those in rear seats equipped with shoulder harnesses. The fine for violating the law is $10. All children under 4 must be properly restrained in a safety seat, and children from 4 to 8 must be in a safety seat or properly restrained by a seat belt. Penalties range from $10 to $75. <

Even though the law says vehicle occupants must wear a seat belt, the same law prevents police from stopping a vehicle just for a seat belt law violation. It's known as secondary enforcement, meaning police can issue someone a ticket for not wearing a belt only if the driver was stopped for another violation like speeding or a broken headlight. <

The National Safety Council gave Wisconsin a D+ grade for traffic safety in a 2001 report, largely because of the secondary enforcement law. The report, titled "Mired in Mediocrity," said the United States lags behind other nations in seat belt use, leading to higher rates of vehicle crash deaths. <

"In 1997, the nation set an ambitious goal to increase seat belt use to 85 percent by the year 2000 - a level that would still leave the country behind other leading industrialized nations," the report said. "While significant resources were dedicated toward reaching that goal, the country failed by a large margin. More than 60 million Americans still ride unbuckled and are at risk every day." <

"Wisconsin's grade of D+ should be of concern to the citizens of Wisconsin," the report continued. "Although Wisconsin's overall unrestrained fatality rate of 6.89 per 100,000 people is about equal to the national average of 6.72, many lives are still being needlessly lost." <

The report gives Wisconsin an F for the quality of its seat belt law. "Wisconsin's secondary enforcement seat belt law hinders its ability to achieve high seat belt use. If the state legislature were to pass a standard enforcement seat belt bill, Wisconsin's grade would significantly improve." <

The federal government, automakers and insurance companies are pushing for states to adopt primary enforcement laws that allow police to stop vehicles for seat belt violations. Nineteen states now have such laws. <

Seat belt use in primary enforcement states is significantly higher than in the 31 secondary law states, according to the National Safety Council. <

Opponents of primary seat belt laws question whether they will save lives, and whether they will give police an excuse to harass otherwise law-abiding citizens, including minorities. Some, like Mark Halter of La Crosse, even argue that seat belts may be contributing to crash injuries and fatalities, not preventing them. <

"The choice is being taken away from motorists by the state and the corporations," said Halter, who's writing a book on the subject titled, "Buckling Under Pressure: How Americans are Losing Their Freedom to Choose Seat Belt Use." <

Halter believes the burden should be on car companies to make safer vehicles and restraint systems, not on motorists to use inadequate equipment. <

"We need a more complex belt system and seat system like a race car," said Halter. "If they can crash at 150 mph and walk away, then you ought to be able to do the same in a passenger car." <

But seat belt advocates say belts are saving lives now, and will save even more in the future if the law is strengthened. <

"The research is clear," said Allan Williams, chief scientist with the Insurance Institute for Highway Safety. "You're 50 percent less likely to be seriously injured if you have your seat belt on. We've got the medicine in every vehicle, but people aren't taking advantage of it." <

Advocates of seat belts point to statistics that show the rate of fatalities is decreasing in relation to the number of miles driven each year. This is known as the fatality rate, and is expressed as the number of deaths per 100 million miles. The mileage estimates come from fuel sales and other indicators. <

Wisconsin's seat belt law went into effect in December 1987. That year, the state's vehicle fatality rate was 2.03 deaths per 100 million miles driven. The rate fell to 1.92 in 1988, and has generally fallen most years since then, to 1.37 in 2002. From 1997 to 2002, the U.S. fatality rate has dropped from 2.4 to 1.5 deaths per 100 million miles. <

According to the most recent survey taken, in May 2003, 69.8 percent of Wisconsin motorists buckled up, about 5 percent below the national average of 75 percent. It was the highest seat belt use recorded in Wisconsin, but that was after a major publicity campaign, and will likely decline without more commercials or stronger enforcement. <