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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 - Franklin 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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Franklin County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
16,448
9,809
1,113 27,370
Ashfield
 
497
273
21
791
Bernardston
 
484
333
25
842
Buckland
 
485
292
19
796
Charlemont
 
251
162
11
424
Colrain
 
355
262
17
634
Conway
 
525
241
18
784
Deerfield
 
1,306
768
75
2,149
Erving
 
321
236
19
576
Gill
 
406
191
10
607
Greenfield
 
4,011
2,103
445
6,559
Hawley
 
65
43
5
113
Heath
 
166
106
9
281
Leverett
 
637
212
25
874
Leyden
 
182
129
5
316
Monroe
 
15
28
2
45
Montague
 
1,811
1,193
103
3,107
New Salem
 
238
137
5
380
Northfield
 
774
470
58
1,302
Orange
 
1,172
1,161
74
2,407
Rowe
 
86
76
9
171
Shelburne
 
517
265
27
809
Shutesbury
 
550
206
21
777
Sunderland
 
730
375
47
1,152
Warwick
 
158
117
23
298
Wendell
 
210
131
6
347
Whately
 
496
299
34
829
County Totals
16,448
9,809
1,113 27,370