N.D. lawmaker offers seat-belt incentive

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Offering an incentive for motorists to use seat belts is better than more stringent laws to force people to wear them, a rural lawmaker says.

Rep. Duane DeKrey, R-Pettibone, has introduced legislation to subtract one penalty point on any traffic offense if the offender was wearing a seat belt when he or she was stopped.

For example, speeding between 11 and 15 miles per hour over the limit normally carries a 1-point penalty against the offender's driver's license.

Under DeKrey's proposal, a driver who was going that fast and was wearing a seat belt would be ticketed, but would not have a penalty point added to his or her license. A driver who accumulates 12 points is facing a license suspension.

"This bill would, in effect, be a carrot instead of the stick," DeKrey said. "I think that people will look at that as kind of a really cheap insurance policy on losing points off their licenses."

The North Dakota Legislature has frequently debated a proposal to allow law officers to pull over vehicles if they notice the driver is not wearing a seat belt.

Under North Dakota's existing law, an officer may not stop a car just because he notices the driver is not using a seat belt; he must first observe another traffic offense.

Sen. Tracy Potter, D-Bismarck, said he supported the proposal, and had agreed to cosponsor it.

"In all cases of regulation, I would prefer incentives to penalties," Potter said.

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