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Old 05-20-08, 11:58 AM   #1 (permalink)
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Seat-belt use program...is it illegal?

In an effort to redue the number of nighttime fatal car crashes, the Arkansas State Police and local law enforcement agencies across the state announced a campaign Tuesday to increase seat-belt usage.

The two-week campaign, "Click It or Ticket -- Day & Night" will run from May 19 to June 1 and will feature stepped-up enforcement efforts.

Under state law, drivers who are stopped by law enforement officers for a moving or equipment violation can also be ticketed if they or their passengers are not wearing seat belts.

This article appeared in the Arkansa Democrat-Gazette a few days ago....
================================================== ====

So, I believe that this sort of program is possibly illegal. Arkansas does not have a primary seat-belt law to begin with. Arbitrarily stopping and ticketing motorists simply for not wearing a seatbelt is outside the law...the police agencies are effectively nullifying the primary seat belt law during this time period of "stepped up enforcement". How can something like this be done without the state legislature first passing a law making it legal for the police to stop motorists simply for seatbelt violations?

I would like to especially hear from the law enforcement folk here at DP.
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Old 05-26-08, 03:08 PM   #2 (permalink)
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Re: Seat-belt use program...is it illegal?

Quote:
Originally Posted by quatrotritikali View Post
In an effort to redue the number of nighttime fatal car crashes, the Arkansas State Police and local law enforcement agencies across the state announced a campaign Tuesday to increase seat-belt usage.

The two-week campaign, "Click It or Ticket -- Day & Night" will run from May 19 to June 1 and will feature stepped-up enforcement efforts.

Under state law, drivers who are stopped by law enforement officers for a moving or equipment violation can also be ticketed if they or their passengers are not wearing seat belts.

This article appeared in the Arkansa Democrat-Gazette a few days ago....
================================================== ====

So, I believe that this sort of program is possibly illegal. Arkansas does not have a primary seat-belt law to begin with. Arbitrarily stopping and ticketing motorists simply for not wearing a seatbelt is outside the law...the police agencies are effectively nullifying the primary seat belt law during this time period of "stepped up enforcement". How can something like this be done without the state legislature first passing a law making it legal for the police to stop motorists simply for seatbelt violations?

I would like to especially hear from the law enforcement folk here at DP.

I got the same thing in Washingtong State. Its really wierd. New World Order is Takin Over. :p
Yay for pulling you over for no reason what-so-ever.
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Old 05-26-08, 03:31 PM   #3 (permalink)
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Re: Seat-belt use program...is it illegal?

Sorry.

The Constitution gives the federal government authority over roads.

It's a national program.
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