Buffalo Beat

Around Western New York, police departments are receiving federal grants --part of a statewide program, administered by the Governor�s Traffic Safety Committee, to conduct seatbelt roadblocks.

Richard Simon, public affairs officer of the National Transportation Safety Administration, explained that with enough roadblocks, seatbelt compliance, now estimated between 60% and 70, may reach higher levels.

According to Simon, seat belts prevent fatalities in 45% to 55% of accidents, and saved 11,088 lives in 1998 in the US.Among those receiving grants for the roadblocks are the city and town of Tonawanda, Amherst, Depew, Hamburg, Lackawanna, Cheektowaga, Orchard Park, Angola, Blasdell, West Seneca, Evans, East Aurora, the Erie County Sheriff�s Dept., and the NYS Police.

In return for the grants, NY State mandates a �Zero Tolerance� policy for those not wearing seat belts.

The Town of Tonawanda received $9,000, and plans to set up six, four hour seatbelt roadblocks, deploying 6 officers, and a lieutenant per roadblock.

"We are prohibited from just giving (motorists) a warning." said Assistant Police Chief, Brain Shields "...When we do find someone who is not wearing a seatbelt, we are required to issue them a summons,".

The fines are $25 for an adult, plus a $35 surcharge from the state totaling $60 per unbelted motorist.

"The state gets most of the money from the fines, not the town." said Shields "It is true that we get additional money for more hours of work for our officers from a program like this ... but we are not doing this for the money. We are doing it to improve the safety of our fellow citizens."

Besides roadblocks, police will deploy roaming "seatbelt" patrol cars, looking exclusively for unbelted drivers.

"It�s not that hard to spot seat belt violators if you are trained and know what you are looking for," said Shields.

Most residents contacted were not in favor of the roadblocks

"I wear my seatbelt" said Mike Sandone of Tonawanda, "But really I am an adult and I don�t need to be stopped by police to check me. I don�t like it a bit"

Lillian Boncore said her life was once saved by wearing a seatbelt.

"But I wear it because it is prudent. I resent the roadblocks. It�s like saying to people - �now children we need to check you out.� It is part of a growing paternalism, a growing disrespect the government has for the maturity and the integrity of the people. Benjamin Franklin said a society that �sacrifices essential freedom for a little temporary safety deserves neither liberty nor safety.� I agree with that."

But supporters of seatbelt roadblocks say there is no essential freedom or privacy issues involved; police have every legal and moral right to seek out seatbelt violations.

Chief Shields said when he gets into his car, he has "no expectation of privacy."

"Maybe what I put into my glove compartment can be kept secret," Shields said "but beyond that, I am in full view of everyone in my car and I simply don�t expect that what I do can remain private. So I don�t think that privacy concerns apply here."

Carol Siwek is the coordinator of the Erie County Traffic Safety Board, and the person behind the "Buckle Up New York" program locally. She describes the ten day periods in Sept. Nov. and May when seatbelt roadblocks are set up as "BUNY" Waves.

"This is not a matter of Big Brother interfering in people�s lives," she said. "It is an attempt to save lives and protect our health care and insurance systems from the expense of unnecessary traffic accidents."

She said towns generally receive between $5,000 and $10,000 and grants are based in part on how many summonses they have written in the past.

"When you are out in public in your car, you have no expectation of privacy." she said" ...In my opinion, the civil liberties arguments made against this program are ludicrous because of all the lives it saves."

And the NHSTA�S Simon said civil liberties infringements related to seat belt laws such as instances of racial profiling, is offset by the fact that studies show a higher percentage of minorities don�t wear seat belts.

The roadblocks are not new. Last September, for instance, in Tonawanda, patrols were set up at the corner of Brighton and Parker, and on Brighton and Colvin in Tonawanda. Officers manning these roadblocks wrote out 175 tickets. Roving patrols ticketed another 67 citizens.

Shields explained "Accidents are paid for by all of us because they effect our health insurance system and our hospitals as well as worker�s compensation. They also use police manpower which is paid for out of taxpayer�s dollars. When a fatality occurs due to a traffic accident, it is really paid for by all of us."

New York State is one of 16 states that permit police to arrest motorist for seat belt violations as a"primary enforcement" offense. 49 of 50 states have mandatory seat belt laws. New Hampshire, with license plates reading, "live free of die" permit adult drivers to choose for themselves whether or not to wear seatbelts. Wyoming has a seatbelt law but no fine. Idaho has a maximum $5 penalty.

"Primary enforcement" means police can pull over a motorist for no other reason than failure to wear a seatbelt. 33 states require another offense before police can issues a summons for seatbelt infractions.

IN spite of the effort to make them safe, there are a growing number who resent the roadblocks.

Nathan Lapp of Cassadaga protested the seatbelt law on freedom principles when he received a summons for not wearing one in 1994. The argument that it might cost taxpayers money was rebutted by an argument that he, Lapp had never been in an accident that cost society anything, and that many legal actions like cigarette smoking cost society far more in deaths and health costs than seatbelt non compliance. Riding a motorcycle, for instance, is 14 times more dangerous per mile driven than not wearing a seatbelt, and cost society proportionately more money then unbelted drivers.

Lapp refused to pay the $50 fine. After repeatedly challenging the law, including demanding a jury trial, Lapp�s case was finally dropped by the District Attorney.

"We are protected from unreasonable searches and seizures by the Constitution, said Lapp, " and this represents an unreasonable search."

Lapp also argued that the individual might be better able to make his own safety choices. "Seat belts in some cases actually make accidents worse by pinning people in cars that they can�t get out of."

But Siwek says these cases are rare.

"The number of accidents in which passengers are actually hurt worse because of their use of seat belts is only one half of one percent." she said.

But Jeanne-Noel Mahoney, the Director of the Buffalo office of the New York Civil Liberties Union agrees with Lapp. She has concerns that the roadblocks "could represent an �unreasonable search� under the Fourth Amendment to the Constitution since the police have no cause to believe that the persons in these cars have committed any crime, yet they are all being detained or at least slowed down." The North Tonawanda Police Department is participating in the program for the second year. Captain Robert Lorenz explained that people should be easily able to identify the roadblocks and, obviously, put seatbelts on in advance

"Most people can probably figure out where (the roadblocks) would be," he said. "It would be a four lane road that also had a parking lot nearby where we could have cars go that were getting ticketed. "

Lorenz said the roadblocks would be "only a minor inconvenience to drivers."

Civil Liberties lawyer David Jay is another who sees no problem with seatbelt roadblocks.

"If they were picking only red haired people or only women or blacks, that would be a problem. But, since they are slowing down everyone, that is ok."

The web address for the federal Department of Transportation is www.dot.gov