Pa. seat-belt law could get an upgrade

HARRISBURG - For years, drivers in Pennsylvania had to worry about the "click-it or ticket" public service warning only if they were stopped for breaking some other traffic law.

That might change soon.

Hoping to tap into additional federal highway funding, Pennsylvania and at least a dozen other states are considering upgrading the infraction to a primary offense, meaning police officers can pull motorists over just for not buckling up.

For the Keystone State, doing so could mean anywhere from $4 million to $6 million in new aid from Washington.

Although a pittance compared with the state's $2.3 billion budget hole, Gov. Rendell considers it found money, especially with the economy in free-fall and the state pinching every dollar.

"Now we have a four to six million carrot to get it done," said Barry Ciccocioppo, a Rendell spokesman.

Last summer, the state received $28.6 million in federal highway aid for demonstrating through surveys that more than 85 percent of its drivers buckled up in 2006 and '07.

That was the threshold Congress established for states to share in $124.5 million in safety incentive grants.

More than half of that money is left over and is now earmarked for states that make not wearing a seat belt a primary offense by July 1.

Twenty-six states, including New Jersey, already have such laws.

Pennsylvania has had a seat-belt law since 1987, but it classifies not wearing a seat belt as a secondary offense - meaning you can get a ticket only if you are first pulled over for another violation, such as speeding.

The question remains: Will a few million in federal dollars be enough incentive to sway opponents who had been able to defeat similar attempts over the last decade?

"Individual freedom is not for sale," said Rep. Sam Rohrer (R., Berks), who called the grants "another attempt by the federal government to bribe the states into doing something."

"Do I think people ought to use seat belts? Yes. Do I use seat belts? Yes," Rohrer said. "But it doesn't rise to the occasion of a law to allow people who are traveling legally to be pulled over."

On average, state police have issued 913 citations annually over the last five years for seat-belt-law violations across Pennsylvania. That number would surely increase, perhaps dramatically, with a change in the law.

Rep. Robert Godshall (R., Montgomery) recently introduced a bill that would make the seat-belt law a primary offense and set tickets at $25.

Godshall first offered the legislation in 1996, and it has died in every session since. He believes the federal funding may improve its chances this year, but that is secondary in the debate.

"I look at this as something that can save a lot of lives, especially for young people," Godshall said. "This shouldn't be about money."

Rep. Joseph Markosek (D., Westmoreland), chairman of the House Transportation Committee, said he supported the legislation in part because his 16-year-old son is now driving.

"Most people already wear them," he said, "and if it means more federal money, especially in a year like this, it's something we ought to consider."