By Molly Lovell

Staff Writer

By now, most people are aware Maine has tightened the seatbelt law to make failing to buckle up a reason to get pulled over. 

Maine Bureau of Highway Safety DirectorLauren Stewart said for a number of years the seatbelt law was considered a secondary violation, meaning law enforcement officials had to pull a motorist over for something else in order to cite them for a seatbelt violation. 

Last September the Legislature passed the primary seatbelt law and as of April 1, it became legal for local law enforcement officials to ticket those who don’t click it. 

Lt. Nick Higgins of the Kennebunk Police Department said it’s too early to notice any trends or track statistics regarding the new law. For the first six months of the law the state instituted a  grace period in which law enforcement officials could only warn violators if pulled over. The April 1 deadline allowed officers to ticket drivers not wearing their seatbelts, but Higgins said in most cases, officers are hoping to enforce voluntary compliance by issuing warnings. Whether or not they ticket a person depends on several factors, including prior history, he said.

“It’s certainly a safety priority,” he said of the law. “In any given officer’s years of experience, we’ve certainly seen accidents where there was serious injury when seatbelts weren’t worn. We’ve also seen accidents that appear very bad and the occupants walked away with little or minor injuries because they did wear a seatbelt.”

Scarborough Police Chief Robert Moulton said the department hasn’t gathered firm numbers in terms of violations before and after the law, but said the public seems to be taking it seriously.

“I’ve heard a number of folks comment about it and the fact that they’re trying to be more diligent,” he said.

In terms of people who might not have regularly worn their seatbelts before, Moulton attributed that to bad habit.

“It’s something that wasn’t really pressed as an issue years ago and people I think maybe grew up not using them all the time,” he said.

Moulton said the department hasn’t conducted any special seatbelt details, calling the law, “another tool in the toolbox.”

When asked how easy it is for an officer to determine whether a motorist is wearing their seatbelt or not, Moulton compared it to spying an expired tag on a license plate.

“It’s one of those things you become accustomed to, you do it almost unconsciously,” he said.

Lt. Tim DeLuca of the Old Orchard Beach Police Department said from Jan. 1 to March 31, the department logged 722 traffic stops, 31 of which were seatbelt violations. From April 1 to April 22, officers conducted 289 stops with 92 seatbelt violations.

“As a department, we felt very strongly that motorists should be wearing seatbelts. With tourist season and the onset of April 1, we decided to take strong enforcement to seatbelt violations,” DeLuca said, adding that the department has conducted several traffic details designed especially for seatbelt violators.

“The general public has been very receptive to the enforcement details. They understand the importance of wearing a seatbelt. When we’ve stopped them and confronted them with a violation they’ve been understanding and appreciative of our efforts,” he said.

Deluca said officers have been confronted with a couple of angry motorists, but they were in the minority.

DeLuca said officers have developed some tricks to help them identify an un-belted driver, tricks he’s not willing to give away.

“I won’t say it’s difficult, but it can be challenging. We’ve figured out ways around it, though, and we’ve been successful,” he said.

DeLuca wanted to remind motorists that a seatbelt needs to be worn properly to be in accordance with the law, adding that tucking the belt underneath the arm is a chargeable offense. 

He also wanted to warn sneaky drivers who after being pulled over, try to inconspicuously slide on their seatbelt.

“When approached, they confess,” DeLuca laughed.

Biddeford Police Chief Roger Beaupre said seatbelt compliance was near 90 percent at the beginning of the month but is disappointed because as of April 23, 335 seatbelt citations have been issued. Of those, he said 66 were second offenses and 33 were third offenses.

Beaupre said Biddeford has always had a history of dealing with seatbelt violators “aggressively.” In the 12 months proceeding April 1 the department logged, on average, 147 seatbelt violations each month.

“I’ve been reading in the daily logs and noticed a greater compliance with Biddeford residents than non-residents – the greater majority of them are from elsewhere,” he said.

Beaupre said the average person is understanding of the law but some have been more vocal in protesting it. He wanted to remind the public that all stops are videotaped and recorded.

“Every one of our cruisers is equipped with that ability. When the blue lights come on, the recorder starts,” he said, and added, “When people see themselves in behavior they’ve displayed, all of a sudden they become very humbled.”

He said it’s important to note those who medically can’t wear a seatbelt need to carry a prescription from their doctor on them at all times. Beaupre also said the fine for the first violation is $50 then increases to $125 and $250; these fines also come with surcharges, making the amount slightly higher once processed.

Saco Police Chief Brad Paul said the number of seatbelt violations was up slightly during a recent weekend.

“It’s almost a given when citations start being issued and money begins to be the issue, compliance will increase,” he said.

Paul said he was driving through town recently in an unmarked cruiser and spied a carload of teens who once they saw him, started “frantically” belting up. 

“I wasn’t in uniform or I would have stopped them,” he said.

Paul said he was pleased to learn of the new seatbelt law.

“My preference is, if it’s against the law, please make it a traffic violation. I’m not a huge fan of a secondary violation status. If it’s wrong, it’s wrong. If you should be belted up, I should need no more reason than that to pull you over,” he said.

Buxton Police Chief Jody Thomas said the department still sees a lot of “die hards” who don’t wear seatbelts.

“We are going to be running details during the month of May to specifically target and enforce the seatbelt laws,” she said, adding a $2,000 grant from the state is allowing the department to do that.

She said officers have mostly been giving warnings since April 1.

“We prefer to have voluntary compliance,” she said.

Thomas said it surprises her and other officers when they still see children who are not belted.

South Portland Police Chief Ed Googins said the law was long overdue.

“I think it was appropriate and I like the fact the public appears to be complying,” he said.

According to Stewart of the Bureau of Highway Safety, 50 percent of traffic fatalities in Maine each year are attributed to motorists failing to wear their seatbelts. She went on to say there are two groups of people less likely than others to wear their seatbelts. The first is males 18 to 34-years-old, especially those who drive pickup trucks, she said. 

“We don’t know why exactly, but what we suspect is that sometimes the guys that drive the pickup trucks are willing to take more risks,” Stewart said.

The second group is those 65 and older.

“It’s because they haven’t grown up with seatbelts. When they started driving, cars didn’t have them,” she said.

Stewart also said one would think new drivers would be diligent about wearing their seatbelts because they grew up using booster seats but it’s not the case. 

“What we’re finding is teens getting their license and they stop wearing their seatbelts,” she said, adding the department wants to start an educational campaign toward that age group.

The Bureau of Highway Safety, along with 80 local police departments will kick off a two-week, high-visibility education and seatbelt enforcement program May 19 through June 1. Stewart expects to gather statistics regarding the law at that time.