Safety Restraint Systems
Seat Belts
Research has shown that lap/shoulder belts, when used properly; reduce the risk of fatal injury to front-seat passenger vehicle occupants by 45% and the risk of moderate to critical injury by 50%. Safety belts should always be worn, even when riding in vehicles equipped with air bags. The needless deaths and injuries from safety belt non-use result in an estimated $26 billion in economic costs to society annually. The cost of unbuckled drivers and passengers goes far beyond those killed and the loss to their families. We all pay in higher taxes and higher health care and insurance costs.
Florida State Statute 316.614 requires all individuals while operating a motor vehicle to be properly restrained in the vehicles safety restraint system. The law also requires all front seat passengers to wear safety belts. Violation of the seat belt law is a Primary Offense, meaning a law enforcement officer has the legal right to stop a vehicle if any driver or front seat passenger is not properly wearing a seat belt. Any passenger under the age of 18 must be properly restrained regardless of where they are seated in a vehicle. Violation of a passenger under 18 not being properly restrained is a Primary Offense, meaning an officer does not have to have another reason to stop the vehicle.
The definition of a motor vehicle under the law does not include school buses, a bus used for transportation of persons for compensation, a farm tractor or implement of husbandry, a truck with a net weight of more than 5,000 pounds or a motorcycle, moped, or bicycle.
Any individual who violates the, “Florida Safety Belt Law,” commits a non-moving violation which has a violation fine of $30.00 plus a court cost fee. It is a driver’s responsibility to ensure that all front seat passengers and all passengers under the age of 18 regardless of where they are seated in the vehicle, are properly secured in the vehicle’s safety restraint system.
Lap belts should be worn when sitting well back and erect in the seat. The belt portion should fit snugly and as low on the hips as possible. Shoulder belts should be positioned to provide comfort, fit snugly and allow some movement. An occupant should never place a shoulder belt under their arm or behind their back as this may cause serious injury or death if the vehicle is involved in a collision. If the vehicle has an automatic shoulder belt, it is extremely important that the lap belt be properly secured. Leaving the lap belt off can result in serious injury.
Child Restraints
Motor Vehicle Traffic Collisions are the leading cause of death of children in the United States. The proper use of child restraint devices could greatly lower this terrible statistic.
Florida law states that every driver while transporting a child in a motor vehicle operated on the roadways, streets, or highways of the State of Florida, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a federally approved, crash-tested, child restraint device.
Children aged through 3 years shall be secured in a restraint device that is a separate carrier or a vehicle manufacturer’s integrated child seat. Children aged 4 through 5 years may be secured in a separate carrier, an integrated child seat, or the vehicle seat belt system.
Any driver who violates the child restraint law is subject to a moving violation charge with a fine of $60.00 plus court fees and an assessment of three (3) points against their driver license record.
It is important to remember that drivers are responsible and subject to receiving citations if they fail to ensure that all individuals under the age of 18 are properly secured in the vehicle’s safety restraint system or, if they are five years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device.
Remember, it is important that child restraint devices be properly installed.
It is illegal for any parent, legal guardian, or other person responsible for any child younger than 6 years of age to leave a child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes. However, it is illegal under this law to leave a child unattended for any period of time if the motor of the vehicle is running or the health of the child is in danger.
Even though the law allows a child less than six years of age to be left unattended, that because of the Florida heat this can be a very dangerous decision and may put the child’s health in danger. It may even violate the Florida child abuse laws.
Headrests
The proper positioning of a vehicles headrest is important to prevent whiplash. Whiplash is a term used to explain how the heads of vehicle occupants accelerate faster and harder than the torso when the vehicle is involved in a collision. The term comes from the sound when someone cracks a whip. Headrests should be designed so they are directly behind the occupants head and even with the center of the individual’s ears. Headrests prevent whiplash, which occurs when the head is forced backwards as a result of a collision.
The National Highway Safety Administration has issued a new head-restraint standard in order to reduce whiplash injuries. For front seats, the rule establishes a higher minimum height requirement, a requirement limiting the distance between the back of an occupant’s head and the occupant’s head restraint, as well as a limit on the size of gaps and openings within head restraints. The rule also establishes new strength and dynamic compliance requirements, and amends most existing test procedures. In addition, the rule establishes requirements for head restraints voluntarily installed in rear outboard designated seating positions. The upgraded standard became mandatory for all vehicles manufactured on or after September 1, 2008. Until that time, the manufacturers may comply with the existing NHTSA standard, the upgraded NHTSA standard or the current European regulations.
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