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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 - Hampden 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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Hampden County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
81,100
57,776
12,455 151,331
Agawam
 
6,377
4,476
613
11,466
Blandford
 
278
212
15
505
Brimfield
 
681
556
33
1,270
Chester
 
231
237
17
485
Chicopee
 
9,816
8,577
1,080
19,473
E. Longmeadow
 
4,059
2,097
229
6,385
Granville
 
316
235
17
568
Hampden
 
1,259
847
50
2,156
Holland
 
446
354
16
816
Holyoke
 
5,711
4,514
1,579
11,804
Longmeadow
 
5,316
2,064
329
7,709
Ludlow
 
3,320
2,966
762
7,048
Monson
 
1,512
1,352
174
3,038
Montgomery
 
202
147
7
356
Palmer
 
2,118
2,042
430
4,590
Russell
 
284
239
8
531
Southwick
 
1,571
1,242
128
2,941
Springfield
 
19,893
14,062
5,285
39,240
Tolland
 
81
66
2
149
Wales
 
262
300
11
573
W. Springfield
 
5,615
3,887
692
10,194
Westfield
 
7,810
5,321
609
13,740
Wilbraham
 
3,942
1,983
369
6,294
County Totals
81,100
57,776
12,455 151,331