Louisiana 2018 Regular Session

Louisiana Senate Bill SB382

Introduced
3/2/18  
Refer
3/2/18  
Refer
3/2/18  
Refer
3/12/18  
Refer
3/12/18  
Report Pass
3/19/18  
Report Pass
3/19/18  

Caption

Provides relative to safety belts. (8/1/18)

Impact

The bill removes certain penalties surrounding the use of special tags issued to individuals with mental or physical disabilities that exempt them from wearing safety belts. This amendment aims to streamline enforcement and compliance, though it raises concerns about accountability for those who may misuse such exemptions. Additionally, by allowing failure to wear a safety belt as comparative evidence, the bill could influence the outcome of negligence cases, which could deter compliance among some drivers.

Summary

Senate Bill 382, which was passed in the 2018 Regular Session, revises existing regulations surrounding safety belt usage in automobiles. The bill modifies the legal framework that governs how failure to wear a safety belt is treated in cases of vehicle accidents, allowing such failure to be used as evidence of comparative negligence. This change is significant as it alters the landscape of liability in automotive accidents and can impact insurance claims and legal proceedings related to vehicle operation.

Sentiment

Overall, the sentiment surrounding SB 382 has been mixed. Supporters argue that allowing the judicial system to consider safety belt compliance will encourage safer driving practices. They assert that this legal recognition could lead to better public safety outcomes. However, detractors warn that this could penalize vulnerable populations who genuinely cannot wear safety belts due to their disabilities or conditions, sparking debate about fairness and accessibility.

Contention

Notable points of contention include the potential for the bill to disproportionately affect those with disabilities who are exempt from safety belt use. Critics express concerns that the allowance to consider non-compliance in negligence cases could lead to complications and inequities in legal judgments against individuals relying on these exemptions. This tension between improved public safety and individual rights signifies an ongoing debate surrounding vehicle safety regulations and the commensurate responsibilities of drivers.

Companion Bills

No companion bills found.

Previously Filed As

LA SB148

Provides relative to safety belts. (8/1/19)

LA SB12

Provides relative to safety belts. (8/1/20)

LA SB9

Provides relative to safety belts. (Item #40) (1/1/21) (EN SEE FISC NOTE GF EX)

LA SB220

Provides relative to penalties for certain offenses. (8/1/17)

LA HB181

Provides relative to safety belt use in certain vehicles

LA SB335

Provides for penalties for persons convicted for soliciting prostitutes. (8/1/18)

LA SB287

Provides relative to compulsory motor vehicle liability security. (8/1/18) (OR DECREASE SD RV See Note)

LA HB573

Provides relative to evidence of failure to wear a safety belt

LA HB718

Increases penalties for safety belt violations in Orleans Parish with proceeds funding indigent defense (EN INCREASE LF RV See Note)

LA HB197

Requires all occupants of a motor vehicle to wear safety belts

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