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10 CHAPTER 3 REGULATORY FRAMEWORK Federal regulations and most states clearly require the use of safety belts by CMV drivers. Federal law requires that trucks and truck tractors manufactured on or after January 1, 1965, be equipped with a safety belt assembly meeting requirements specified in federal regulations. The specific federal requirements are set out in the Code of Federal Regulations (CFRs), as follows: 49 CFR 392.16 Use of seat belts. A commercial motor vehicle which has a seat belt assembly installed at the driverâs seat shall not be driven unless the driver has properly restrained himself / herself with the seat belt assembly. 49 CFR 393.93 Seats, seat belt assemblies, and seat belt assembly anchorages. (b) Trucks and truck tractorsâ (b)(1) Trucks and truck tractors manufactured on and after January 1, 1965, and before July 1, 1971. Except as provided in paragraph (d) of this section, after June 30, 1972, every truck and truck tractor manufactured on or after January 1, 1965, and before July 1, 1971, must be equipped with a Type 1 or Type 2 seat belt assembly that conforms to Federal Motor Vehicle Safety Standard No. 209 (§ 571.209) installed at the driverâs seat and at the right front outboard seat, if the vehicle has one, and seat belt assembly anchorages that conform to the location and geometric requirements of Federal Motor Vehi- cle Safety Standard No. 210 (§ 571.210) for each seat belt assembly that is required by this subparagraph. (b)(2) Trucks and truck tractors manufactured on or after July 1, 1971. Every truck and truck tractor manufactured on or after July 1, 1971, except a truck or truck tractor being transported in driveaway-towaway operation and having an incomplete vehicle seating and cab configuration, must con- form to the requirements of Federal Motor Vehicle Safety Standard No. 208-1 (§ 571.208) (relating to installation of seat belt assemblies) and Federal Motor Vehicle Safety Stan- dard No. 210-1 (§ 571.210) (relating to installation of seat belt assembly anchorages). While the federal regulations are clear, the degree to which this provision of the regulations is enforced by states varies from one state to another according to their unique laws, poli- cies, and procedures. There is significant variance in the level of enforcement of safety belt violations found during roadside inspections. Additionally, the number of tickets written by states varies widely. Some states adopt the Federal Motor Carrier Safety Regu- lations (FMCSR) administratively, which effectively makes those regulations enforceable as state law, whether or not the state has a primary or secondary safety belt law. Other states have motor carrier safety laws and regulations compatible with the FMCSR that include a safety belt provision. State and local motor carrier officersâthose certified to conduct Commercial Vehicle Safety Alliance (CVSA) inspec- tionsâare authorized to write a safety belt violation on a CMV inspection report, whether they write an enforcement citation for this violation or not. FMCSA officials indicate that while non-motor carrier officers can write a citation for safety belt violations pursuant to state law (subject to the complica- tions mentioned previously), they may not write that violation on an inspection report unless they are certified to conduct a motor carrier inspection. An FMCSA agent may write a safety belt violation on an inspection report and has authority to take enforcement action for such violations in interstate commerce. However, there are significant complications with FMCSA taking enforcement action against drivers for these violations resulting from road- side inspections. Unlike the states, FMCSA does not have a simple way to issue citations or tickets. The agency issues claim letters and is required to take into consideration several factors to calculate the penalty before the agency determines the penalty amount. The enforcement issue is highlighted in a recent FMCSA report titled, MCMIS (Motor Carrier Management Informa- tion System) Safety Belt (392.16) Violations Cited During Inspections Conducted from Jan 1, 2003 to Dec 31, 2003. The report indicated that 52,000 safety belt violations out of close to 3 million inspections were recorded. An average of 1.8% does not appear to be consistent with other study results that indicate only 48% of CMV drivers wear their safety belts. In percentage terms, the number of citations ranged from a low of 0.3% in the District of Columbia, South Dakota, and Wyoming to a high of 7.5% in Massachusetts. Finally, the regulatory area cannot be fully understood with- out an appreciation of the difference between primary and sec- ondary state enforcement laws. As defined by the NHTSA, these are as follows:
⢠Primary Enforcement allows a law enforcement offi- cer to stop a vehicle and issue a citation when the officer observes an unbelted driver or passenger. ⢠Secondary Enforcement means that a citation for not wearing a safety belt can only be written after the offi- cer stops the vehicle or cites the offender for another infraction. 11 At last count (January 2004), 20 states, the District of Colum- bia, and Puerto Rico had primary safety belt laws in effect. Twenty-nine states had secondary enforcement laws and one state (New Hampshire) had no adult safety belt use law. In 2003, the average safety belt use rate in states with primary enforcement laws, as reported by NHTSA, was 8 percentage points higher than in states without primary enforcement.