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Summary of Question 2

This law requires drivers and passengers in certain motor vehicles on public ways to wear properly adjusted and fastened safety belts. The law applies to persons driving or riding in private passenger motor vehicles or riding in vanpool vehicles or trucks under 18,000 pounds. It also applies to employees of cities, towns, counties, and districts. The law does not apply to: (1) children under twelve years old who are required by another state law to use safety belts or other child passenger restraints; (2) vehicles manufactured before July 1,1966; (3) persons certified by a physician as physically unable to use safety belts; (4) U.S. Postal Service rural carriers while performing their duties; (5) persons involved in operating taxis, liveries, tractors, trucks of 18,000 pounds or more, buses; or (6) passengers in authorized emergency vehicles.

The law is enforced by law enforcement agencies only when a driver has been stopped for a motor vehicle violation or some other offense. A driver and each passenger 16 years old or older may be fined $25 for not using a safety belt when required. A driver may also be fined $25 for each passenger between 12 and 16 years old who is not using a safety belt when required. A person who receives a citation for violating the law may challenge it using the same procedure that applies to most other automobile law violations. A violation is not considered a moving violation for motor vehicle insurance surcharge purposes.

The law directs the state Registrar of Motor Vehicles to require police officers, when reporting automobile accidents, to record whether safety belts were used. The law directs the Governor's Highway Safety Bureau to (1) conduct a public information and education program on motor vehicle occupant protection; (2) evaluate and report to the Legislature, by June 1,1995, on the effectiveness and degree of compliance with the law; and (3) make annual surveys of safety belt use.

The law requires the state Commissioner of Insurance to evaluate, report, and make recommendations to the Legislature concerning the effectiveness of the law and the frequency of bodily injury claims during the law's first year of operation. The Commissioner must also require at least a 5% reduction in bodily injury insurance premiums if the observed safety belt use rate among all vehicle occupants is 50% or more after the law's first year of operation. The Commissioner is required to take into account the annual safety belt use survey results in future decisions setting bodily injury premiums and the Commissioner must further reduce those premiums if the safety belt use rate in Massachusetts exceeds the national average.

The law provides that failure to wear a properly fastened safety belt may not be considered as contributory negligence or used as evidence in any civil lawsuit. It also states that no insurance company may either (1) deny coverage to a person who failed to wear a safety belt during an accident that led to bodily injury, or (2) refuse to issue a motor vehicle liability policy based on a violation of this law.

1994 - Statewide - Question 2Do you approve of a law summarized below, which was approved by the House of Representatives on January 4,1994, by a vote of 105 to 49, and approved by the Senate on January 4, 1994, by a vote of 26 to 11?

View as: # | %  
County Blanks Total Votes Cast
Barnstable More »
 
59,351
30,743
3,805
93,899
Berkshire More »
 
28,936
16,933
3,865
49,734
Bristol More »
 
85,640
64,083
16,143
165,866
Dukes More »
 
3,659
2,030
321
6,010
Essex More »
 
137,005
108,672
16,167
261,844
Franklin More »
 
16,448
9,809
1,113
27,370
Hampden More »
 
81,100
57,776
12,455
151,331
Hampshire More »
 
30,684
19,622
2,347
54,653
Middlesex More »
 
324,160
203,293
28,115
555,568
Nantucket More »
 
1,671
1,181
143
2,995
Norfolk More »
 
159,887
96,228
13,720
269,835
Plymouth More »
 
86,998
72,136
8,677
167,811
Suffolk More »
 
83,927
63,732
27,024
174,683
Worcester More »
 
138,680
98,413
13,281
250,374
Totals
1,240,271
844,755
147,180 2,232,206