THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Sunday, July 31, 1994 TAG: 9407300448
SECTION: COMMENTARY PAGE: J4 EDITION: FINAL
TYPE: Editorial
LENGTH: Short : 49 lines
A small clause in the 1991 transportation bill is having big implications in the ongoing shift of power from state governments to Washington.
The clause imposes penalties on states that do not have universal mandatory seat-belt and motorcycle-helmet laws. In the 28 states without such laws as of last Oct. 1, 1.5 percent of federal highway funds must go to safety programs rather than highway construction. That penalty will rise to 3 percent if the laws are not enacted by Oct. 1 of this year.
Even though almost all of the 28 states had some version of seat-belt and helmet-safety laws, such as those that allow riders over 21 to choose whether or not to wear a helmet, they are still penalized because the laws were not strict enough for the feds.
And many state legislatures, instead of abiding by their residents' wishes, have adopted tougher laws so as to keep the federal dollars rolling in. The Massachusetts legislature was so fearful of losing the money that it slapped the same seat-belt law on the books this year that voters had defeated by referendum in 1986. Voters are once again going through the referendum process to regain their freedom to decide their own laws.
Virginia and North Carolina already have helmet and seat-belt laws, but the feds' maneuver would make it difficult if people ever decided that they wanted to have the choice again. Only Maine and New Hampshire do not have either seat-belt or helmet laws, but other states are also resisting Washington's mandates, and for their stand they will have many construction projects hampered.
And lest you think this was a carefully considered move by Congress, recall that the 1991 transportation bill was passed by the dawn's early light as Congress was racing to go home for Thanksgiving. The text of the bill arrived on the House floor from the printer halfway through the debate. Not a single lawmaker could honestly claim to know what was in it. But one clause robbed states and localities of the right to decide issues that are traditionally within their jurisdiction.
Motorists and motorcyclists who are injured because they don't take elementary safety precautions deserve little sympathy and should have their insurance rates increased accordingly. But the right of the people to govern themselves and make their own laws is fundamental. Perhaps if enough states make this clear, Washington will get the message. by CNB