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Idaho Rules of the Road: Use of Safety Restraint
Use of safety restraint could be the difference between life and death but it is also the law. The following is the Idaho Rules of the Road concerning seatbelt use.
Wearing a Seatbelt Helps During a Car Accident
The National Highway Traffic Safety Administration (NHTSA) reported in 2009 more than 90 people were killed daily in a car accident. However, also in 2009, almost 13,000 people were saved by simply wearing a seatbelt. Had everyone worn a seatbelt in 2009, nearly 4,000 lives could have been saved. If those statistics were not convincing enough to always wear a seatbelt in the car, here is how a seatbelt helps during a car crash.
- Seatbelts are connected to a retractor mechanism allowing you to move forward but restrain during a car accident.
- The protection of a seatbelt allows you to remain in the vehicle during a crash. Persons ejaculated from the vehicle during a car accident are highly less likely to survive.
- A seatbelt is designed to hold you in your seat in the event of a car accident. Although you may be flung forward from the force of a crash, the seatbelt will absorb the force with little to no damage to you.
- While it is true seatbelts can contribute to serious injury in a high impact crash, nearly all safety experts agree that buckling up will increase your chance of survival dramatically.
Idaho Code § 49-673. Use of Safety Restraint
- Except as provided in section 49-672, Idaho Code, and subsection (2) of this section, each occupant of a motor vehicle that has a gross vehicle weight of not more than eight thousand (8,000) pounds, and that was manufactured with safety restraints in compliance with federal motor vehicle safety standard no. 208, shall have a safety restraint properly fastened about his body at all times when the vehicle is in motion.
- The provisions of this section shall not apply to:
- An occupant of a motor vehicle who possesses a written statement from a licensed physician that he is unable for medical reasons to wear a safety restraint;
- Occupants of motorcycles, implements of husbandry and emergency vehicles;
- Occupants of seats of a motor vehicle in which all safety restraints are then properly in use by other occupants of that vehicle; or
- Mail carriers.
- A citation may be issued to:
- Any occupant of the motor vehicle age eighteen (18) years or older who fails to wear a safety restraint as required in this section; and
- The operator of the motor vehicle if the operator is age eighteen (18) years or older and any occupant under eighteen (18) years of age who fails to wear a safety restraint as required in this section. For purposes of this paragraph (a)(ii), it shall be deemed a single violation regardless of the number of occupants not properly restrained.
- A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00), with five dollars ($5.00) of such fine to be apportioned to the catastrophic health care cost fund, as set forth in section 57-813, Idaho Code. A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code, nor shall such a conviction be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.
- A citation may be issued to the operator of the motor vehicle if the operator is under eighteen (18) years of age and the operator or any other occupant who is under eighteen (18) years of age fails to wear a safety restraint as required in this section. For purposes of this subsection, it shall be deemed a single violation regardless of the number of occupants not properly restrained. A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00), five dollars ($5.00) of such fine to be apportioned to the catastrophic health care cost fund as set forth in section 57-813, Idaho Code, plus court costs. A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code. In addition, a conviction under this subsection shall not be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.
- Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law.
- The department shall initiate and conduct an educational program, to the extent sufficient private donations or federal funds for this specific purpose are available to the department, to encourage compliance with the provisions of this section and to publicize the effectiveness of use of safety restraints and other restraint devices in reducing risk of harm to occupants of motor vehicles.
- The department shall evaluate the effectiveness of the provisions of this section and shall include a report of its findings in its annual evaluation report on the Idaho highway safety plan which it submits to the national highway traffic safety administration and federal highway administration pursuant to 23 U.S.C. section 402.
Parke Gordon Law Firm Car Accident Attorneys
The experienced and knowledgeable attorneys at Parke Gordon Law Firm in Boise are here to help after you’ve been injured in a car crash. Contact our law office for a free consultation. This is your opportunity to discuss your car accident case with an experienced, trusted, aggressive and knowledgeable attorney in Boise, Idaho. Call today at (208) 322-7274 to get started.
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