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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 - Norfolk 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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Norfolk County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
159,887
96,228
13,720 269,835
Avon
 
949
1,093
119
2,161
Bellingham
 
2,706
2,444
351
5,501
Braintree
 
8,380
6,362
595
15,337
Brookline
 
16,177
4,639
1,149
21,965
Canton
 
5,352
3,456
528
9,336
Cohasset
 
2,474
1,088
246
3,808
Dedham
 
5,776
4,420
789
10,985
Dover
 
1,934
763
87
2,784
Foxborough
 
4,195
2,405
186
6,786
Franklin
 
5,759
3,607
465
9,831
Holbrook
 
2,222
2,021
202
4,445
Medfield
 
3,793
1,509
98
5,400
Medway
 
2,695
1,581
183
4,459
Millis
 
1,976
1,324
65
3,365
Milton
 
7,766
4,348
467
12,581
Needham
 
10,311
3,991
402
14,704
Norfolk
 
2,418
1,218
75
3,711
Norwood
 
6,659
4,824
956
12,439
Plainville
 
1,473
989
123
2,585
Quincy
 
16,490
13,545
2,370
32,405
Randolph
 
5,726
4,569
586
10,881
Sharon
 
5,631
2,131
139
7,901
Stoughton
 
5,323
4,415
680
10,418
Walpole
 
5,782
3,534
474
9,790
Wellesley
 
9,139
2,864
607
12,610
Westwood
 
4,600
2,341
242
7,183
Weymouth
 
12,000
9,292
1,356
22,648
Wrentham
 
2,181
1,455
180
3,816
County Totals
159,887
96,228
13,720 269,835