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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 - Plymouth 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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Plymouth County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
86,998
72,136
8,677 167,811
Abington
 
2,774
2,791
303
5,868
Bridgewater
 
3,489
3,256
395
7,140
Brockton
 
9,994
11,854
2,042
23,890
Carver
 
2,050
1,973
87
4,110
Duxbury
 
4,486
2,206
149
6,841
E. Bridgewater
 
1,876
2,227
252
4,355
Halifax
 
1,270
1,329
114
2,713
Hanover
 
3,153
2,259
233
5,645
Hanson
 
1,864
1,780
106
3,750
Hingham
 
6,720
3,102
311
10,133
Hull
 
2,070
1,900
367
4,337
Kingston
 
2,106
1,651
203
3,960
Lakeville
 
1,912
1,498
85
3,495
Marion
 
1,402
641
65
2,108
Marshfield
 
5,435
3,871
451
9,757
Mattapoisett
 
2,023
838
114
2,975
Middleborough
 
2,659
3,027
202
5,888
Norwell
 
2,836
1,726
153
4,715
Pembroke
 
3,129
2,734
276
6,139
Plymouth
 
8,413
6,933
1,599
16,945
Plympton
 
554
553
26
1,133
Rochester
 
1,010
712
45
1,767
Rockland
 
3,032
3,076
235
6,343
Scituate
 
5,286
3,148
310
8,744
Wareham
 
3,633
2,960
302
6,895
W. Bridgewater
 
1,342
1,594
133
3,069
Whitman
 
2,480
2,497
119
5,096
County Totals
86,998
72,136
8,677 167,811