Federal Register provide legal notice to the public and judicial notice Ask your dealer or consult the vehicle manual for more information. The following chart shows the changes in belt use during this time period. Purpose and Summary of the Major Provisions. Driving of Commercial Motor Vehicles: Use of Seat Belts FACT. Learn more here. The NTSB suggested that the FMSCA address seat belt use for all occupants of passenger-carrying CMVs that are equipped with seat belts and stated, A rule to address all CMV passengers who have a restraint available would improve the use of the protective equipment already in place and save lives.. are required to be in a rear-facing child restraint. With the exception of New Hampshire, all states and the District of Columbia require adult front-seat occupants to use seat belts. Motor Vehicle Injuries Among Semi Truck Drivers and Sleeper Berth Passengers, Journal of Safety Research 44 (2013) 51-55; available at: http://dx.doi.org/10.1016/j.jsr.2012.09.003. FMCSA analyzed this rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 9. 208. All vehicles have belt reminders, but many arent persistent enough. According to a 2016 statistic from theNational Highway Traffic Safety Association27.5 million people do not use seat belts when riding in vehicles. Worn properly, seat belts are designed to spread crash forces across the stronger bony parts of the body, including the shoulder, rib cage and pelvis. 1532 et seq. CDCs state-specific restraint use fact sheetsprovide national and state data on restraint use and occupant crash deaths, as well as an overview of proven strategies for increasing the use of seat belts, car seats, and booster seats. Shoulder belts are required equipment in every seating position for vehicles manufactured in 2008 and afterward. This conclusion is indirectly supported by a recent study,[6] We are committed to an inclusive environment where everyone has the chance to thrive and to the principles of equal opportunity and affirmative action. Comments: Both NSC and ATA stated that this rule would cause the States to adopt similar regulations shortly after a final rule, and supported this outcome. Under 49 CFR 390.11, carriers have for decades been held responsible for their drivers' regulatory compliancefor example with the hours-of-service regulations and associated logbook requirementseven though the carrier is not able to physically supervise the driver's performance of these tasks. Ninety-three percent of female front-seat occupants were observed using their belts, compared with 88 percent of males. Both ATA and Werner stated that a motor carrier could not and should not be responsible for the use of safety belts in CMVs, as they have no practicable way to monitor it. The 1935 Act (49 U.S.C. Register documents. Most states allow adults to ride unrestrained in pickup beds, which are designed to carry cargo and offer no protection in a crash. The study finds that in a moving semi-truck collision, the odds for an injury were increased by 2.25 times for both semi-truck drivers and sleeper berth passengers who did not use occupant safety restraints compared to those who did, with a 95 percent confidence interval ranging from an increased injury risk of 1.15 to 4.41 times to unrestrained occupants. Occupant Protection Tips and Initiatives | Governor's Traffic Safety An increase in fines from $25 to $60 was associated with 3-4 percentage point increases in belt use, while increasing fines from $25 to $100 was associated with 6-7 percentage point increases (Nichols et al., 2010). Comments: One individual mentioned that it would be difficult to require restraints for the second driver of a team operation who is resting in the sleeper berth. the material on FederalRegister.gov is accurately displayed, consistent with FMCSA Response: The robust sleeper berth restraints required by 49 CFR 393.76(h) are designed to keep occupants from being ejected from the CMV during a violent crash. The lap belt should be placed low and tight across the upper thighs; the shoulder belt should rest tightly but comfortably across the child's chest and shoulder (collar bone) without touching the throat. CDC is not responsible for Section 508 compliance (accessibility) on other federal or private website. Federal Register. 552a note), requires the Agency to conduct a privacy impact assessment of a regulation that will affect the privacy of individuals. A seat belt, also known as a safety belt or spelled seatbelt, is a vehicle safety device designed to secure the driver or a passenger of a vehicle against harmful movement that may result during a collision or a sudden stop. Receipt of Petitions for Temporary Exemption From Shoulder Belt For these reasons, this final rule does not address seat belt use in passenger vehicles. MYTH 1. Although lap-only belts werent as effective as lap and shoulder belts, particularly in frontal crashes, using lap-only belts provided more protection than being unrestrained. the official SGML-based PDF version on govinfo.gov, those relying on it for The NTSB stated that the logic for requiring non-passenger-carrying CMVs to use seat belts is consistent with the logic for requiring seat belt use in passenger-carrying CMVs, and requested additional action for buses. Most vehicle manufacturers equip their vehicles with enhanced belt reminder systems that provide longer visual or audible reminders. Another national survey in 2016 found the top reason for adults not using belts in the rear was that they perceived the back seat to be safer than the front (Jermakian & Weast, 2018). Our Mission:Personalizing the patient experience through our caring spirit and distinctive capabilities, Vanderbilt Health recognizes that diversity is essential for excellence and innovation. Only the Toyota Tundra meets the criteria for a good rating. That was after the National Highway Traffic Safety Administration required them on all vehicles without airbags. See Restraint Use and Ejection for Large Truck Passenger Fatalities in 2013, Docket # FMCSA-2015-0396-0002. Advocates, on the other hand, stated Other than co-drivers using a sleeper berth, all CMV occupants and passengers seated in designated seating positions should be properly belted. [Emphasis supplied.]. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. on NARA's archives.gov. Use the PDF linked in the document sidebar for the official electronic format. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. With most motor vehicle crashes happening within 25 miles of ones home, seat belt use is essential in every car ride no matter your destination. NRECA wrote that the rulemaking is consistent with its culture of safety. Both organizations are wholly supported by these auto insurers and insurance associations. Seventeen of those non-driver occupants were killed. Nichols, J. L., Tippetts, A. S., Fell, J. C., Auld-Owens, A., Wiliszowski, C. H., Haseltine, P. W., & Eichelberger, A. Always use them with both lap and shoulder belt. This PDF is Therefore, this final rule is categorically excluded (CE) from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1, paragraph 6(bb) of Appendix 2. This final rule is based on the Motor Carrier Act of 1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (1984 Act). Vanderbilt University Medical Center (a) Drivers. SUMMARY: FMCSA revises the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring passengers in property-carrying commercial motor vehicles (CMVs) to use the seat belt assembly whenever the vehicles are operated on public roads in interstate commerce. 1996-2023, Insurance Institute for Highway Safety, Highway Loss Data Institute, 501(c)(3) organizations | Copyright information and privacy policy, National Center for Statistics and Analysis, 2019, National Center for Statistics and Analysis, 2021, these auto insurers and insurance associations. As such, they are not subject to this final rule. Publicity costs should be low unless the state wishes to supplement with paid publicity because the media are likely to cover and publicize the new enforcement type.1 Increased enforcement is used to promote the law change would also incur costs.1 Secondary law enforcement strategies can be adapted for use with the primary law, and additional strategies might also be permitted with the new law.1, Primary seat belt enforcement can be implemented quickly after the change in enforcement is enacted, unless the update calls for a delayed effective date to allow time for transition to the new enforcement type.1, You can read Chapter 2, Section 1.1 of NHTSAs Countermeasures that Work: A Highway Safety Countermeasure Guide for State Highway Officespdf iconexternal icon (Tenth Edition, 2020) to learn more about the topics above and other issues related to primary enforcement of seat belt laws, such as opposition to primary enforcement, effects of the enforcement on low-belt-use groups, and issues specific to states with partial coverage laws or certain regional characteristics.1, More information can also be found on The Community Guides webpage covering Motor Vehicle Injury Safety Belts: Primary (vs. New York DMV | New York State's Occupant Restraint Law Lap and shoulder combination seat belts, when used, reduce the risk of fatal injury to front-seat passenger car occupants by 45% and the risk of moderate-to-critical injury by 50% (Kahane, 2015). Funk JR, Cormier JM, Bain CE, Wirth JL, Bonugli EB, Watson RA. the school bus even safer. ), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or Start Printed Page 36479require through regulations. Although responding to CVSA's petition, the NPRM slightly modified some of the petitioner's requests. Some older vehicles have automatic shoulder belts with lap belts that have to be fastened manually. Shults, R. A., Nichols, J. L., Dinh-Zarr, T. B., Sleet, D. A., & Elder, R. W. (2004). The benefits of this rule are any fatalities or injuries avoided or reduced in severity as a result of seat belt use; these benefits are discussed later. FACT. Fewer than half of passenger vehicle drivers (44 percent) and front seat passengers (49 percent) killed in 2020 were confirmed to be using belts. National Center for Statistics and Analysis. A study involving part-time belt users who had recently received a citation for failing to wear a seat belt found that an indefinite audible reminder or one that lasted 100 seconds increased belt use by about a third (Kidd & Singer, 2019). Nationwide observed seat belt use in 2020 was 91 percent for drivers and 90 percent for right-front seat passengers (National Center for Statistics and Analysis, 2021). These tools are designed to help you understand the official document Secondary) Enforcement Laws, https://www.nhtsa.gov/sites/nhtsa.gov/files/2021-09/15100_Countermeasures10th_080621_v5_tag.pdf, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812069, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/809199, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813176, https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/811413.pdf, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8091930/, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813072, https://www.sciencedirect.com/science/article/pii/S0749379701003786, https://www.sciencedirect.com/science/article/pii/S0022437504000234?via%3Dihub, https://www.cdc.gov/mmwr/volumes/66/ss/ss6617a1.htm, https://www.sciencedirect.com/science/article/pii/S0022437505000241, https://www.sciencedirect.com/science/article/pii/S0749379717301356, https://journals.lww.com/epidem/Abstract/2019/05000/Would_Stronger_Seat_Belt_Laws_Reduce_Motor_Vehicle.12.aspx, https://crashstats.nhtsa.dot.gov/Api/Public/Publication/812992, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813186, https://www.iihs.org/topics/seat-belts/seat-belt-law-table, https://www.thecommunityguide.org/findings/motor-vehicle-injury-safety-belts-primary-vs-secondary-enforcement-laws, Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, Motor Vehicle Prioritizing Interventions and Cost Calculator for States (MV PICCS), What Works: Strategies to Increase Car Seat and Booster Seat Use, What Works: Strategies to Increase Restraint Use, What Works: Strategies to Reduce or Prevent Alcohol-Impaired Driving, Increasing Alcohol Ignition Interlock Use, Roadway to Safer Tribal Communities Toolkit, U.S. Department of Health & Human Services. Lap and shoulder belts prevent ejection from the vehicle and keep people from colliding with the vehicle interior during a crash. The authority citation for part 392 continues to read as follows: Authority: 06/06/2016 at 8:45 am. In addition to the data provided in the docket during the NPRM stage of this rulemaking action, FMCSA received data from several commenters, with more extensive claims about lives saved by the use of seat belts. In addition, the Centers for Disease Control and Prevention report teenagers 16 to 19 years old are three times more likely than drivers aged 20 years and older to be in fatal crash. People can be easily ejected from cargo areas at relatively low speeds as a result of a sharp turn to avoid an obstacle or crash. Medium other buses. Buckle children in car seats, booster seats, or seat belts on every tripno matter how short the trip may be. 49 U.S. Code 30127 - LII / Legal Information Institute 31136(a)(1)). FMCSA has analyzed this rule under Executive Order 13132 and determined that it does not have Federalism implications. Harper, S. (2019). The fatality rate was five times lower for passengers who wore seat belts versus those who did not. . Higher fines for seat belt violations also are associated with higher rates of observed belt use and higher rates of belt use among fatally injured front-seat occupants. Nine were from individuals and one was from a motor carrier, Werner Enterprises Inc. (Werner). NHTSA published a final rule requiring lap/shoulder belts for each passenger seat on newly manufactured over-the-road buses and other larger buses, with certain exclusions, effective November 28, 2016 (78 FR 70416, November 25, 2013). Relative to occupants who are not ejected from vehicles, occupants who are ejected in nonrollover crashes are nearly twice as likely to die, and those who are ejected in rollover crashes are 4 times more likely to die (NHTSA, 2010). L. 107-347, sec. Guide to Community Preventive Services. This feature is not available for this document. Given the obvious value of this final rule and the ease of compliance, the Agency believes that no one will be coerced not to wear a seat belt. Pass your DMV Written Test with flying colors Take me to the cheat sheet Virginia These can be useful Required to use both the lap and shoulder belts. Driving with kids: a guide for parents and caregivers - IIHS-HLDI : A semi-Bayesian analysis. A Rule by the Federal Motor Carrier Safety Administration on 06/07/2016. In a frontal crash, drivers and front-seat passengers are at increased risk of injury from unbelted back-seat passengers, and in a side-impact crash, passengers sitting adjacent to unbelted passengers are at increased risk of injury. While the NIOSH study does not speak to the frequency of passenger seat belt use, the similarity in the estimated rate of seat belt use among drivers between these surveys reinforces the Agency's confidence in the FMCSA survey's estimates of passenger seat belt use. 31133(a)(10)).Start Printed Page 36475. In a study of potentially fatal crashes involving back-seat occupants age 5 and older, lap belts reduced the risk of fatal injury for outboard occupants by 32 percent in cars and 63 percent in vans and SUVs (Morgan, 1999). For seat belts to do their job, its important that they fit right. Systematic literature reviews show that both primary and secondary laws reduce deaths and nonfatal injuries, but primary laws have the greater effect (Dinh-Zarr et al., 2001; Rivara et al., 1999). Your child may be ready for a seat belt by the age of 9 and at a height of at least 4 feet 9 inches. This repetition of headings to form internal navigation links You can read the RAND Corporations final reports for MV PICCS 1.0/2.0external icon and MV PICCS 3.0external icon for more information about how effectiveness and costs were incorporated into the MV PICCS tool for this intervention. Seat belts have been proven to save lives. Seat belts are essential safety equipment. The Insurance Institute for Highway Safety (IIHS) is an independent, nonprofit scientific and educational organization dedicated to reducing deaths, injuries and property damage from motor vehicle crashes through research and evaluation and through education of consumers, policymakers and safety professionals. However, only 30 percent of part-time belt users and 16 percent of non-users thought ignition interlocks to increase seat belt use would be acceptable in their vehicles (Kidd et al., 2014). In an analysis of 10 years of data on belt use among fatally injured occupants, use was consistently about 18 percentage points lower at night than during the day (Tison et al., 2010). L. 108-447, 118 Stat. Register (ACFR) issues a regulation granting it official legal status. In the U.S. market, Volvo was the first manufacturer to alert the driver when back-seat passengers didn't buckle up. Lap/shoulder belts for all DSPs. HB0079 - Utah State Legislature When you park up hill, next to a curb, the right front wheel: Should be turned to the left with the wheel touching the curb. FMCSA has analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 405, 805 (2012); and 49 CFR 1.87. For people in front seats of SUVs, vans and pickups, the use of lap and shoulder belts reduces the risk of a fatal injury by 60 percent and a moderate to critical injury by 65 percent. Farmer, C. M., & Williams, A. F. (2005). Federal Motor Carrier Safety Administration, A. that show the use of seat belts is increasing. In a frontal crash, an unbelted rear seat passenger sitting behind a belted driver increases the risk of fatality for the driver by 137 percent compared with a belted rear seat passenger (Bose et al., 2013). If you are using public inspection listings for legal research, you Insurance Institute for Highway Safety, & Highway Loss Data Institute. Belt for driver only. (2010). An additional 2,549 lives could have been saved in 2017 if all passenger vehicle occupants older than age 4 had used seat belts. Plus, people who don't use belts tend to be riskier drivers. However, several studies found that changing from secondary to primary enforcement resulted in proportionally equal or fewer tickets for minorities (Preusser et al., 2005; Solomon et al., 2000; Solomon et al., 2001). One commenter asked a question, but did not state whether he supported the rulemaking. Research also shows that belt use is lower among occupants of older vehicles and among drivers who have been drinking alcohol (Mackay, 1997; Partyka, 1989). Cars are required to have three-point lap-and-shoulder belts in the outboard rear seats. That's a rather puzzling approach when you consider that NTSB made other equipment recommendations to the National Highway Traffic Safety Administration (NHTSA), includng a call to mandate . $25. Among the four minivans tested, the 2023 Toyota Sienna is the only vehicle to earn a good rating in the Institutes seat belt reminder evaluation. The only quantifiable cost of the final rule is the value of the person's time necessary to buckle the seat belt, which is negligible. This commenter thought that law enforcement should take the lead on compliance for passengers in a passenger-carrying CMV. 6. Even though your child may be too large for a booster seat, they should remain the back seat of your vehicle until they are 13 years old. FMCSA has determined that this action is not a significant regulatory action within the meaning of E.O. This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Comments: Three commenters opposed imposing a new responsibility on drivers to ensure passenger compliance with a seat belt regulation. An individual thought that the Agency should enforce existing regulations and rules rather than develop new ones, and questioned whether this rule would actually save lives. FMCSA reviewed rulemaking in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications. According to data from NHTSA's Fatality Analysis Reporting System, available in the docket for this rulemaking,[5] Interlocks, which limit vehicle function if the driver and front-seat passenger aren't buckled, are another technology that can boost belt use.
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