ST. GEORGE — Drivers who receive a citation for not using proper safety restraints will be able to have their fines waived only on the first violation, according to a new piece of legislation recently passed by both houses of the Utah Legislature.
If signed into law by Gov. Gary Herbert, the measure, known as House Bill 81, will limit the ability of justice courts to waive the $45 fine, unless the person has never before received a citation for a seat belt infraction.
Sen. Todd Weiler (R-Woods Cross), the bill’s co-sponsor, said the measure is meant to clarify the intent of the original “warning period” created in 2015 when Utah first made not wearing seat belt a primary offense, meaning peace officers could pull someone over if they saw the driver or other vehicle occupants not wearing their seat belts.
Prior to that law, drivers who didn’t wear seat belts could be cited only if they had been pulled over for another violation.
Read more: Buckle up! New seat belt law now in effect
“When the Legislature voted to make a seat belt violation a primary offense, we intended to put language in the bill that a first offense could be waived,” Weiler said as he introduced an amended version of HB 81 on the floor of the Senate Feb. 22. “But the fines are (being) waived for second, third and fourth offenses. This bill clarifies on a very first offense, the judge can waive the fine, but not past the first offense.”
Rep. Michael McKell (R-Spanish Fork), the bill’s primary sponsor, said the measure is meant to rectify problems that justice courts across the state have experienced in dealing with seat belt citations. “During (last) summer, I asked the courts, ‘Is there anything we need to fix?” after which he crafted the measure in response to the courts’ suggestions.
HB 81 sailed through the Utah House by a 68-0 vote its first time through Feb. 12, but the Senate subsequently amended the bill’s language slightly, including removing the word “only” from the phrase “the court shall waive all of the fine for a first violation.” It passed the Senate with a final vote of 21-5 on Feb. 23. A few days later, when it came back to the House for a concurring vote, it was still approved, but not unanimously, passing by a 51-18 vote.
Rep. Walt Brooks (R-St. George) cast one of the nay votes for the amended bill.
“I voted against it because I am a big believer of local control,” Brooks told St. George News. “This removed the court’s ability to make situational judgment. Previously, the law said the court may waive the fine for the first violation. However, if an individual had heart surgery or other condition that prevents the use of a seat belt, now the courts have no ability to waive the fee if they get cited again.
“I think all should wear seat belts, and giving violators a break on the first time is good, but we still need local judges to have the ability to waive the fine when it is applicable.”
If signed into law by the governor, the measure would take effect in May.
According to Utah law, police are obligated to give warnings to first-time unbelted Utah drivers until July 1, 2018, but after that date, officers may issue a seat belt citation without a previous warning.
Those who receive their first-ever seat belt citation may have the associated fee waived in certain circumstances. For example, a driver cited for not having a baby or small child properly restrained may have the citation fine forgiven if the driver shows proof they have purchased and properly installed a child safety seat in their vehicle.
Resources
- Read the bill
- Contact legislators
- Bill sponsors (Senate): Sen. Todd Weiler | (House): Rep. Michael McKell
- Southern Utah Sens. Evan Vickers, Don Ipson, David Hinkins and Ralph Okerlund | Listing of all senators.
- Southern Utah Reps. Travis Seegmiller, Bradley Last, V. Lowry Snow, Walt Brooks, John Westwood, Merrill Nelson and Michael Noel | Listing of all members of the House of Representatives.
Read more: See all St. George News reports on Utah Legislature 2018 issues
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Twitter: @STGnews
Copyright St. George News, SaintGeorgeUtah.com LLC, 2018, all rights reserved.
No one could argue that seatbelt use, in conjunction with air bags, contributes to better outcomes from all of the automobile accidents we have here in Washington County.
I
same as any other county
Why do I find it so ridiculous that motorcyclists have the option to not wear a helmet in this state but those riding in an enclosed vehicle have to buckle up.
So no helmets are ok, no seat belts ok, but half a glass of wine will now get you a dui? Utah sure is a funny place.
Half glass of wine? Six oz at most? Only if you are a pigmy would you reach .05. Real Life is in a funny place.