A Republican lawmaker who’s leaving the Ohio House at the end of the year has introduced a bill to allow law enforcement to stop a driver for not wearing a seat belt – which Gov. Mike DeWine endorsed in his State of the State speech last month.
Ohio's seat belt usage dropped to 80.8% in 2022, its lowest level in 18 years, according to an annual observational survey by the Department of Public Safety’s Ohio Traffic Safety Office. Ohio is one of 15 states that has a secondary seat belt law.
Rep. Jon Cross (R-Findlay) said creating a primary seat belt law in Ohio could increase seat belt usage by 6.4% in the first year.
"We say that the law is a teacher and strict enforcement is one of the keys in changing drivers' behavior," Cross said, pointing to the state's new distracted driving law. "Since that law took effect about a year ago, distracted driving in Ohio is down 8.6%. That's prevented 3,600 crashes, 2,000 injuries and 17 deaths just in that short period of time."
But House Speaker Jason Stephens (R-Kitts Hill) and Senate President Matt Huffman (R-Lima) haven't embraced the idea of a primary seat belt law as suggested in DeWine's State of the State speech. Stephens, who's also an insurance agent, has said it's about "personal responsibility is required by individuals.” Huffman also noted "personal freedom" but also that "those folks who are stopped the most are people who are least able to pay the bill."
Cross, who lost his primary for his House seat in March, admits his bill will likely be a tough sell.
“I don't want to go out of here with an easy bill. I want to take on an issue that's tough and challenging," Cross said. "I would probably, if I put this out for a co-sponsor request, I wouldn't be shocked if we got anybody on it.”
Cross said he's sure he'll have to negotiate, and notes that violations involving taillights, headlights or mirrors are primary offenses in Ohio.
“Are there some things that we could take away and make a secondary offense? And can I net neutralize a primary offense by removing something else that's kind of old and outdated? Those are the things I think we should look at and think about – horse trading," Cross said.
The law fines drivers $30 for not wearing seat belts and levies a $20 fine for passengers who aren't belted. Cross said he doesn't want to increase fines but only to encourage seat belt usage.
DeWine’s budget last year contained a primary seat belt law, and it was removed by lawmakers.