Editorial: Make it a primary offense

Tuesday, March 27, 2007 | 7:31 a.m.

Existing Nevada law requires motorists and passengers to wear seat belts, but enforcing the law is difficult.

That's because motorists cannot be pulled over simply for failing to use seat belts or failing to make certain that passengers use them. They must be stopped for some other reason first. Senate Bill 42, submitted to the Legislature by the Nevada Sheriffs and Chiefs Association, would make the failure to use a seat belt reason enough for a police officer to stop someone. The legislation also calls for a fine of up to $25 but would not add points to the motorist's license.

Nevada Public Safety Department figures show that seat-belt use across the state dropped last year, with only 91 percent of motorists and passengers buckling up compared with 95 percent in 2005. Half the fatalities in collisions last year involved people who were not wearing seat belts, the state figures show.

Nevadans should expect this law to be strictly enforced. Motorists already are responsible for making sure that seat belts are used by all passengers younger than 18 and those who are at least 6 or weigh at least 60 pounds. (Other laws require child safety seats or booster seats for children younger than 6.)

For that matter, in the interest of safety, Nevada law requires motorcyclists to wear a helmet, and they can be stopped and ticketed if they do not.

Certainly, a law cannot replace good judgment or common sense. But with nearly 10 percent of all Nevada motorists and their passengers still failing to buckle up, it seems reasonable to tighten enforcement. It doesn't make sense that officers can stop someone for having a broken taillight but cannot pull over a motorist who is engaging in behavior that officials say contributes to far too many of the state's traffic fatalities.