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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 - Essex County - 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?

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Essex County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
137,005
108,672
16,167 261,844
Amesbury
 
2,813
2,148
333
5,294
Andover
 
8,988
4,525
441
13,954
Beverly
 
8,837
6,063
1,019
15,919
Boxford
 
2,208
1,125
74
3,407
Danvers
 
5,604
4,501
641
10,746
Essex
 
910
645
26
1,581
Georgetown
 
1,555
1,245
153
2,953
Gloucester
 
5,797
4,401
1,096
11,294
Groveland
 
1,275
1,051
73
2,399
Hamilton
 
2,189
1,093
107
3,389
Haverhill
 
8,303
8,001
1,324
17,628
Ipswich
 
3,394
2,358
209
5,961
Lawrence
 
4,421
6,026
1,568
12,015
Lynn
 
11,855
11,808
2,116
25,779
Lynnfield
 
3,548
2,228
202
5,978
Manchester-by-the-Sea
 
1,772
828
108
2,708
Marblehead
 
6,924
3,149
377
10,450
Merrimac
 
1,075
978
65
2,118
Methuen
 
6,070
7,466
1,953
15,489
Middleton
 
1,180
1,054
108
2,342
Nahant
 
1,102
803
103
2,008
Newbury
 
1,702
1,286
77
3,065
Newburyport
 
4,567
2,880
408
7,855
N. Andover
 
5,903
4,029
298
10,230
Peabody
 
9,874
9,177
895
19,946
Rockport
 
2,419
1,223
98
3,740
Rowley
 
1,149
918
52
2,119
Salem
 
6,824
6,453
1,175
14,452
Salisbury
 
1,219
1,316
68
2,603
Saugus
 
5,171
5,496
579
11,246
Swampscott
 
4,133
2,251
303
6,687
Topsfield
 
1,895
923
67
2,885
Wenham
 
1,157
582
25
1,764
W. Newbury
 
1,172
642
26
1,840
County Totals
137,005
108,672
16,167 261,844