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Restore Liberty: Repeal Seat Belt Laws
by William J. Holdorf
The information in this essay is not being
provided to debate the value of wearing or not
wearing a seat belt harness, nor to oppose or
discredit voluntary seat belt use. Its main purpose
is to oppose seat belt laws and to protect our
right to choose our own individual personal safety
and health care standards without government
interference or coercion as guaranteed in the Bill
of Rights.
Facts About State
Mandatory Seat Belt Harness Laws
1. While the use of a seat belt has saved some
people in certain kinds of traffic accidents, there
is ample proof that in other kinds, some people
have been more seriously injured and even killed
only because of forced seat belt use. In the latter
case, such injuries and deaths are not given the
same degree of publicity, if any, as given when
people are saved by seat belt use. Such bias in
compiling traffic accident data exaggerates the
so-called benefit of seat belt laws which misleads
the public into thinking seat belt use
automatically means safety; nonuse automatically
means death in all kinds of accidents, which is
false.
2. In spite of the fact the government is
forcing the use of a device that can be injurious
and even lethal in certain situations, the
government refuses to be held financially
responsible for such injuries or deaths. Instead,
the government expects the injured or survivors of
those killed to obtain financial satisfaction from
their own savings, or insurance, or by suing the
auto makers.
3. Some people in certain kinds of traffic
accidents have survived only because a seat belt
was not used &endash; injured, perhaps, but not
dead. Such persons, by law, are subject to a
citation and a fine for not dying in the accident
using a so-called safety device arbitrarily chosen
by politicians. Traffic accident data on such
traffic accidents only reflect one more injury
without using a seat belt, which, again, exaggerate
the so-called benefit of seat belt laws.
4. If a person is killed while using a seat
belt, law supporters claim the accident was so
severe not even a seat belt could save the person.
That might be true in some cases, but the severity
of an accident is never mentioned in compiling a
list of persons killed while not using a seat belt,
which adds to the bias in compiling traffic
accident data in favor of seat belt laws.
5. Evidence of seat belt use increasing injuries
or causing a person's death in certain kinds of
traffic accidents is well documented in the
hundreds of successful lawsuits filed against the
auto makers since the advent of seat belt laws in
1985. Court ordered settlements and punitive damage
awards forced the auto makers to pay hundreds of
millions of dollars to the injured or survivors of
those killed as a result of the failure of the seat
belt to save as promised. Some lawsuits were
settled out of court which sealed the evidence of
seat belt design defects from the public, including
other lawyers with similar cases.
6. Hundreds of thousands of autos, vans and
light trucks have been recalled as a result of
discovering defects in certain seat belt designs
after the fact, which means the motoring public has
been forced by law to become unwilling guinea pigs,
unlike how all other products in the marketplace
are treated. In a letter published in the
September/October 1990 edition of AAA World,
a publication of the Chicago Motor Club, Jerry
Curry, NHTSA Administrator, said: "We opened 213
new defect investigations in 1989, the highest
one-year figure in the agency's history. A total of
6.8 million vehicles were recalled that year, a
million more than the national average." While Mr.
Curry did not say how many such recalls involved
seat belt defects, such recalls, again, reflect how
the public is being used as guinea pigs for
automotive products.
7. There is a body of law that states a person
has the right to refuse any personal health care
device, drug treatment, or surgery, even if such
refusal might result in an earlier death or an
increase in medical expenses. All seat belt laws
violate that right, that is, to freely choose to
use or not to use a "health care" seat belt. Any
medical professional attempting to do the same
would be prosecuted, yet politicians claim they can
ignore the law while demanding strict compliance
from the private sector.
8. In 1991 the U.S. Supreme Court confirmed the
right to determine one's individual personal health
care standard in the Johnson Controls case. Also, a
federal appeals court upheld a $100,000 award in
1993 to a 320-pound woman who sued the state of
Rhode Island for refusing to hire her back to work
unless she lost weight. The federal Equal
Opportunity Commission had earlier ruled obesity a
protected right under the Act, and the court agreed
even though obesity is a self-inflicted health
hazard and causes more premature deaths each year
than highway fatalities.
9. While there is extensive publicity always
given those who support seat belt laws, research
published by independent professionals, that is,
those not on the federal payroll, which challenges
the so-called benefit of seat belt laws, is never
printed in the national news media, thus the public
is denied the right to know there is a legitimate
contrary side to the seat belt law controversy.
10. At one time, it was the same with air bags
until one investigative reporter decided to start
printing the truth about air bag dangers in certain
kinds of traffic accidents. The bureaucrats in the
U.S. Dept. of Transportation were so adamant
against telling the public about such dangers,
which the public had a right to know, the reporter
had to use the Freedom of Information Act to force
the government to release its own records of air
bag injuries and deaths.
Primary Enforcement
States
The insidious nature of seat belt laws is shown
even further in states with primary enforcement of
the law. The following is what can happen in states
with primary enforcement:
1. Your vehicle can be stopped anytime, day or
night, by the police merely under suspicion a seat
belt is not being used. And even if mistaken, once
the vehicle is stopped the officer can begin
routine interrogation and testing &endash; force
occupants to exit &endash; visually check out the
contents of the inside of the vehicle looking for
any kind of a violation of the law, all without the
right of legal counsel; all under the pretense of
not using a seat belt.
2. Primary enforcement encourages the use of
random roadblocks. In a 1994 statewide campaign,
North Carolina conducted 2,038 roadblocks in two
weeks under the pretext of checking for seat belt
use. In spite of further use of random roadblocks
that year, which the governor boasted increased
seat belt use to 80%, total highway facilities
actually increased in the state for 1994 over the
record of each of the preceding 3 years.
3. If not using a seat belt, you could be
stopped for a minor traffic violation that
otherwise would be ignored if using a seat belt.
You may also be targeted because of a bumper
sticker, your license plate, your age, race, or
gender. Primary enforcement opens the door for
police harassment, intimidation and profiling.
Young people, women, and minorities are vulnerable,
especially when traveling alone and at night, or in
certain neighborhoods.
4. You are subject to an officer's
misinterpretation of your answers, your attitude,
or what the officer sees in your vehicle. You could
become the victim of a corrupt act, such as
planting drugs in your vehicle by an officer. You
could be accused of using drugs because the cash in
your possession has the odor of drugs. Officers can
confiscate your cash and vehicle if there is some
drug residue without proving you knew about or
caused the residue to be there. Courts have
recognized most currency in circulation has some
discernible drug residue. It is reported that 80%
of the assets confiscated by law enforcement do not
lead to a criminal charge, but only a small percent
is ever returned. Confiscation of assets has become
a lucrative business for some police agencies and
offers big incentives to increase roadblocks and
speed traps.
5. Some states issue a seat belt violation fine
against the driver even if the driver is using a
seat belt but a passenger is not, and even if the
driver did not know about it. Drivers, therefore,
could easily become distracted while driving by a
constant watch of passengers, both adults and
children in the rear seat.
6. Primary enforcement is an easy way to enhance
state revenue through fines. Also, additional
income comes from the federal government in the
form of grants (bribes) to pay the police to
enforce the seat belt law. Such grants are used by
the police as overtime pay while enforcing the seat
belt law, which is why the police support primary
enforcement laws. Such lucrative overtime pay helps
relieve pressure for a police salary increase. And
in some areas where job performance standards
include a citation quota, seat belt violations
offers easy compliance.
7. Some insurance companies target seat belt law
violations as an excuse to increase rates even for
drivers without an accident or moving violation
record. In fact, even if you habitually use a seat
belt but forget just once, that might be the time
an officer stops your vehicle, thus your driving
record is unjustly marred.
8. Some states level points against a driver's
license for not using a seat belt in addition to a
fine, which means a person is being punished twice
for the same offense. Also, it means a driver's
license could eventually be suspended for repeated
offenses even if the driver has been a careful
driver for years with no accident or moving traffic
violation.
9. If you are medically exempted from seat belt
use, your vehicle could still be stopped since an
officer cannot know until you are stopped. This
applies to drivers who are using a seat belt but a
passenger is not using one because of an exemption.
Even with a medical exemption, once the vehicle is
stopped, the officer can begin routine
interrogation, testing and visually looking for any
kind of a violation of the law. Persons with
medical exemptions are also subject to being
stopped repeatedly during any travel route by other
officers along the way. Also, providing an officer
with your confidential medical records and
exemption is a violation of your right of
privacy.
10. It should be noted, the National Highway
Traffic Safety Administration, a federal agency, in
a 1995 study, "Safety Belt Use Law &endash; An
Evaluation of Primary Enforcement and Other
Provisions," stated "The analysis suggests that
belt use among fatally injured occupants was at
least 15 percent higher in states with primary
enforcement laws."
11. Primary enforcement is promoted as saving
lives, however, stopping vehicles for non-seat belt
use is only an excuse to arbitrarily and
capriciously accuse people of traffic violations of
one kind or another, thus issuing citations as a
means of easily increasing revenue, as well as
providing easy lucrative overtime income for the
police. Primary enforcement has nothing to do with
saving lives; has all to do with revenue
enhancement at the expense of fleecing the motoring
public.
Conclusion
Politicians have no authority to willingly and
knowingly force some people to maim and kill
themselves in certain kinds of traffic accidents
using a so-called safety device, a seat belt
harness, just because they hope others will be
saved in other kinds of accidents merely by chance.
The Constitution forbids the government from taking
chances with a person's body, the ultimate private
property. The government has no right to play
Russian roulette with a person's life.
Also, seat belts are an after-the-fact device.
As such, not one penny of the millions of tax
dollars spent in support of seat belt laws has ever
prevented one accident. Conversely, because we feel
safer wearing our seat belts, studies have shown
that we tend to drive more recklessly. This is
known as "risk compensation,." which is covered in
more details in the 1995 book, Risk by Dr.
John Adams, University College London, England.
In a free society, if a person is injured or
killed in a traffic accident because he/she freely
choose to use or not to use a seat belt, that is a
personal tragedy, as it is with all other kinds of
freely chosen risks in life. That is freedom
working. However, if a person is injured or killed
in a traffic accident because the government forced
that person to use a seat belt, that is tyranny
working, and reflects injury and death by
government. All seat belt laws must be repealed in
order to restore true freedom in the U.S.
The insidious nature of seat belt laws is
further shown in the April 2001 decision by the
U.S. Supreme Court which foolishly ruled that it is
legal for a police officer to arrest, handcuff and
jail a woman for not using a seat belt in the
Atwater/Lago Vista case, including impounding her
vehicle.
We do not allow doctors to send the police over
to our homes to check to see if we are following
the doctors' health care orders and, if not, to
issue a ticket as a punishment, so why do we allow
politicians to send the police over to our autos,
vans, and trucks to see if we are following the
politicians' health care orders, that is, using a
seat belt and, if not, to issue a ticket as a
punishment?
As it is with all other kinds of individual
personal health care recommendations in life, there
is nothing wrong with voluntary seat belt use;
however, there is a great deal wrong with all state
mandatory seat belt harness laws.
References and
Notes
Adams, Ph D., John G. U.; Dept. of
Geography, University College London, 26 Bedford
Way, London, WC1H GAP, United Kingdom; http://www.geog.ucl.ac.uk/~jadams;
New Scientist magazine (United Kingdom),
December 1985; title: "The Adams' heresy"; Books he
wrote: Risk and Freedom, 1985 -- out of
print -- check college libraries -- has a wealth of
information against seat belt laws. Risk,
1995 -- can order through Amazon.com.
Ergonomic magazine (UK) vol. 31,
no. 4, p 407-428, 1988; title: "Risk homeostasis
and the purpose of safety regulations."
Society of Automotive Engineers (US): SAE
publication no. 820819; (1982); title:. "Efficacy
of seat belt legislation."
Surveyor magazine (UK) 7 February
1991; tile: "Seat Belts: The Safety Myth."
CATO Institute (US) Policy Analysis no.
335, March 4, 1999; title: "Cars, Cholera, and
Cows" -- Can be downloaded: http://www.cato.org/pubs/pas/pa-335es.html.
Adomeit, Dieter, Technical University of
Berlin, Institute for Automotive Engineering;
Society of Automotive Engineers (US): SAE
publication no. 791004 (1979), title: "Seat Design
-- a significant factor for safety belt
effectiveness."
Ames, Ph.D., Bruce N; University of
California, Berkeley, CA; bnames@unclink4.berkey.edu.
Smithsonian magazine, titles:
"Risk: Where do real dangers lie?"11-98; "How the
body defends itself from the risky business of
living" 12-95.
National Center for Policy Analysis
(Texas), NCPA Policy No. 214, title:
"Misconceptions about environmental pollution,
pesticides and the causes of cancer," 3-98.
Toxicology Letters, (Penary lecture;
Intl. Cong. Tox., Paris, July 1998), title: "Cancer
prevention and aging delay by micronutrients."
Social Philosophy & Policy Center,
Bowling Green State University, Bowling Green, OH,
Lecture title: "Science and the Spontaneous Order,"
1989.
- (While the above information does not
mention seat belt laws, they expose the vast
amount of misinformation about many popular
subjects that supposedly threaten our daily
lives as propagated by self-serving, special
interests, that are financially driven rather
than having any foundation in true science. It
is the same with seat belt laws. Such laws are
defended by the federal government by creating
fear of life and death situations while driving,
including exaggerating highway fatalities as a
national health crisis, which only government
can cure through forcing people to use a
government chosen seat belt, a device that
actually carries its own degree of danger to
life and limb in certain kinds of traffic
accidents, besides, more importantly, raising
valid questions of constitutionality.)
American Journal of Surgery, titles:
"Seat belt trauma to the abdomen"; 3-67; pp346,350
(lap-only belt); "The seat belt syndrome", 12-68;
pp 831-3; "Bowel injuries from automobile seat
belts," 3-72; pp 312-16.
The Association of Trial Lawyers of
America, Washington, D.C; Trial
magazine, published by ATLA, April 1990, title:
"Auto Seat Systems -- dangerous safety restraints?"
by Buddy Rake, Jr, and Scott E. Boehm. (Comments by
authors: "During a frontal collision, injuries to
belted front-seat occupants can result because of
two types of defective seat designs. ...")
Berens, Michael J., The Columbus
Dispatch (Ohio), November 17, 1996; title:
"Wheels of Justice," Contact: http://www.dispatch.com/news/special/wheelsofjustice/wheelsofjustice.html.
British Medical Journal,
11-23-68; "Seat belt injuries"; pp485-6.
The Brookings Institute, 1986 book
titled: Regulating the Automobile,
(Conclusion: "The costs of programs to regulate
automobile safety, fuel economy, and emissions are
greater than their benefit.")
Chapman, Stephen; Chicago Tribune,
Columnist, "Fostering a nation of children"
1-27-85; "The seat belt law and privacy"
4-3-85.
Dawesm R. F. H., and J. A. Smnallwood and I.
Taylor; University Dept. of Surgery,
Southampton Gen'l Hospital, UK. British Journal
of Surgery, vol 73, February 1986; title: "Seat
belt injury to the female breast."
The Des Moines Register (Iowa),
6-18-92; (Cox News Service) title: "Safety
officials accused of hiding facts on children
killed in cars" (Lap only belts)
Dunn, Jr., James A., Brookings Institute
(Washington, D.C.); "Driving Forces -- The
automobile, its enemies, and the politics of
mobility," 1998.
The Engineering Society, 400 Commonwealth
Dr., Warrendale, PA. SAE Technical Paper Series
922515; title: "Mechanisms of Fracture in Ankle and
Foot Injuries to Drivers in Motor Vehicle Crashes,"
by Diane C. Lestina...., Insurance Institute for
Highway Safety; Reprinted from: 36th Stapp Car
Crash Conference Proceedings, Seattle, Washington,
Nov. 2-4, 1992. (Covers injuries with and without
seat belt use.)
Filley, Dwight, Senior Fellow in Market
Principles, The Independence Institute (Colorado),
Issue Paper No. 1-99 January 20, 1999; title: "Risk
Homeostasis and the futility of protecting people
from themselves."
Galasko, Dr. Charles, professor of
orthopedic surgery, University of Manchester; In an
address during the Whiplash Association Disorders
World Congress, Vancouver, Canada, under "Cost of
seat belt related whiplash injuries rising," he
noted that the number of patients with
whiplash-related complaints more than tripled the
year after seat belts were introduced in the UK in
1983. He also said awareness of the significance
and impact of whiplash has been influence by
under-recording and misclassification. He claimed
as many as 45% of whiplash patients in the UK are
not included in national injury data and suggested
that there are probably close to 250,000 new
whiplash patients in the UK every year. In the US,
he said, the total probably approaches 1 million
cases. Full details: http://www.cma.ca/cmaj/vol-160/issue-10/1425b.htm.
The Canadian Medical Association Journal, May 18,
1999, published his presentation.
Garbacz, Christopher, Ph.D.; St. Louis
Post-Dispatch, OP-ED; Oct. 30, 1990, title:
"Seat belts don't necessarily save lives."
Population Research and Policy
Review, 11-92; title: "Do front seat belt
laws put rear seat passengers at risk?"
Applied Economics magazine, Dec.
1990, title: "How effective is automobile safety
regulations?" ditto, 24, 1992; title: "More
evidence of the effectiveness of seat belt laws"
vol. 24; 1992.
Arkansas Gazette, Op-Ed; 5-13-91;
title: "Seat belt laws pose risks of their
own."
Economy Inquiry magazine; April
1991, pp 310-316; title: "Impact of the New Zealand
seat belt law."
Economics magazine, letter to
editor; 19, 1985; title: "A note on Peltzman's
theory of offsetting consumer behavior."
Garrett, John W. and Paul W. Braunstein,
M.D; Journal of Trauma, May 1962;
pp220-237; title: "The Seat Belt Syndrome."
(Comments by authors: "Just as the use of
penicillin has led to numerous examples of
penicillin allergy or anaphylactic reactions, so in
the use of seat belts, many untoward situations and
injuries.")
Greenberg, Ph. D., Stephen R., Journal
of Forensic Sciences, January 1987, pp158;
title: "Seat Belts and Human Rights: An
Appraisal"
Halter, Mark, (private citizen);
Wisconsin Medical Journal, two letters to
editor; title: "Do seat belts save lives?" 1995,
vol. 94, no. 3; "Buckling up: Whose choice should
it be?" 2001:vol. 100, no. 2.
Highway Loss Data Institute, (part of the
Insurance Institute For Highway Safety, Arlington,
VA) title: "Seven County Crash Investigation" April
1992; (Concluded: ...the study "found no clear-cut
evidence of comparable reductions" in overall
injuries as reflected by accident claims.)
Hodge, Charles J., (lawyer), and Joseph
Hodge, M.D., Medical Trial Technique
Quarterly, Summer 1995, pp642-649; title:
"Trauma and Cancer Associated With Seat Belt
Shoulder Restraint in Motor Vehicle Accidents."
Institute For Injury Reduction, Post
Office 375, Dunkirk, Maryland, (An organization run
by trial lawyers); 2-1-90 News Media Release:
Statement of Benjamin Kelly, President -- "Ending
The Lap Belt Injury Epidemic." (Includes a list of
45 traffic accidents that occurred between June
1986 and October 1989, documenting the dangers of
lap belts.)
Insurance Research Council, Oak Brook, IL
(Survey of auto injury claims in MI, NJ and PA);
"Catastrophic Auto Injuries" June 1992.
(Conclusion: Cost of catastrophic injuries are way
up since 1988 through 1991&emdash;which covers the
same time frame most states passed seat belt
laws.)
Investor's Business Daily,
11-13-96, title: "The truth about car air bags --
U.S. ignored data showing risks to kids, women," by
John Marline. (This is similar to the DOT presently
withholding full information from the public about
the negative side of forced seat belt use, while
giving widespread publicity for those saved by the
belt.)
Jacoby, Jeff, The Boston Globe,
Mass., 8-25-94: title: "Unbuckling the
voters"(Comments on voters repealing Massachusetts'
seat belt law and legislators passing another seat
belt law in defiance of the "will of the
people."
Kazman, Sam; Competitive Enterprise
Institute; The CATO Review of Business and
Government; Fall 1991; "Death by regulation"
(On how federal fuel economy standards are killing
people estimated to be between 2,000 to 4,000
additional deaths per year.)
Washington Post, (D.C.), 2-27-92;
title: "Death by Government," an editorial on CAFE
standards resulting in an increase in highway
deaths.
Kidd, Devvy; Several articles on seat
belt law opposition at http://www.devvy.com/seatbelts_20000131.html.
Knox, Bob (Columnist, Sun-Sentinel
newspaper, Ft. Lauderdale, FL), Readers
Digest, 6-97; title: "Family Alert: How safe is
your car?"
Krajick, Kevin, Psychology Today
magazine, 5-86; title: "Do seat belts kill?"
Laberge-Nadeau, Claire, MD, Msc, CSPQ;
Laboratory on Transportation Safety, Center for
Research on Transportation, University of Montreal
(Under a grant from AAA Foundation for Traffic
Safety) title: "Neck Injuries Amongst Motor Vehicle
Occupants Involved In a Collision," April 1993.
(One notable conclusion: "Seat belted car occupants
tend to suffer a higher proportion of neck injuries
than unbelted occupants because while seat belts
tend to prevent more severe head injuries, the
belts make acceleration/deceleration of car
occupant heads worse because of the sudden change
of vehicle velocity.")
Landen, Larry; Prof. Of philosophy,
University of Hawaii; book title: The Danger
Ahead: The Risks You Really Face on Life's
Highways, Wiley & Sons, 1997. (Amason.com
has examples of pages from the book. The book
exposes the various scare tactics about the dangers
in life used to mislead and confuse the public by
various groups, such as the government, the news
media and certain industries in pursuit of their
vested financial interests, which is similar to the
scare tactics used by government in defending the
supposed need and benefit of seat belt laws.)
Larder, D. R.; Twiss and Mackay; Accident
Research Unit, The University of Birmingham, UK;
title: "Neck Injury To Car Occupants Using Seat
Belt." (Presented at the 29th Annual Proceedings,
American Association For Automotive Medicine,
October 7-9, 1985, Washington, D.C.)
Levine, Prof. Elliott, University of
Winnipeg, Canada; Mature Medicine magazine,
(Toronto, Canada); Can download: http://www3.sympatico.ca/medicine
; title: "Determinants of driver fatality risk in
front impact fixed object collisions." (Highlights
of article -- 1. This study finds no benefit to
seat-belted car drivers in head on crashes, but
dramatic increases in deaths to the most vulnerable
drivers; 2. Earlier studies showing net benefits
from wearing seat belts are found to involve
critical flaws.: 3. Seat belt legislation may have
done more harm than good.)
Winnipeg Free Press (Winnipeg,
Canada); 1-21-92; OP-ED title: "Seat belts
kill!"
McKenzie, Prof. Richard B., University of
California-Irvine; Oakland Tribune
newspaper, 2-10-85, title: "Air bags, Safety belts
and personal freedoms."
National Safety Council, title:
"Exploration of Impact Measures of Safety Belt Use
Laws," 1990 report. (In the report it is stated:
"In terms of frequency of cases, about 43,000
people were ejected from passenger cars in 1981,
according to the National Accident Sampling System.
Of these, about 6,000 were killed -- Clark &
Surel, 1984. -- Such figures challenge the claim by
seat belt law supporters that most ejections result
in death.)
Traffic Safety magazine published
by NSC, March/April 1987; title "With Seat Belt Use
Laws -- Exemptions Are The Rule." (NOTE: If the
purpose of seat belt laws is to protect occupants
in a traffic accident even against their will,
exemptions given by state legislators violate the
equal protection clause of the U.S. Constitution.
Exemptions are not prohibitions against seat belt
use for certain persons, but are a state granted
freedom to a select few persons who have the
state's protection to freely choose when, where to
use or not to use a seat belt harness, which
violates the equal protection clause of the
Constitution.)
Nettler, Ph.D., Gwynne; Prof. emeritus,
University of Alberta, Edmonton, Canada. Now lives
in San Diego, CA; Liberty magazine; May
1994, title: "Trafficking in Numbers." (Dr. Nettler
concluded, neither side has accurate or reliable
statistics because of the very nature of how
traffic accident data are currently recorded and
compiled.)
Pappalardo, Kathleen M. (Former Regional
Director, Highway Federation and former Project
Coordinator, New Hampshire Highway Safety Agency).
Her testimony before NH state legislature against
passage of a seat belt law in 1985 as published by
the Libertarian Party of San Bernardino County, CA;
See at http://www.lpca.com/pappalar.htm.
Peltzman, Sam (Graduate School of
Business, University of Chicago); Journal of
Political Economy, vol 83, no. 42, 1975; title:
"The effects of automobile safety regulation."
Robertson, Leon S., Ph.D., American
Journal of Public Health, 11-74, title: "A
controlled Study of the Effect of Television
Messages on Safety Belt Use" (...shows that
television campaigns do not have any effect on use
of safety belts.)
Nanlee Research and Yale University;
paper title: "Highway Deaths: False PR on the
Effects of PR." (Exposes South Carolina's 1988
false claim on the success of seat belt law
enforcement reducing highway deaths )
Ross, Philip, Forbes magazine,
9-6-99, p72-73; title: "Safety may be hazardous to
your health."
Schonsheck, Jonathan (Le Moyne College,
Syracuse, NY), Law and Philosophy Library
(Kluwer Academic Publishers); vol 19, 1994, title:
"On Criminalization -- An essay in the philosophy
of the criminal law" (He opposes seat belt
laws)
Semmens, John, Heartland Institute,
Chicago, IL; titles: "Air bags can kill you;"
May/June 1996: Point of View Paper, "Hawaii's
'Successful' Seat Belt Law" 10-11-91. (His analysis
disproves success); "Auto safety regulations:
Hazardous to your health?" 1988; "Coercion is no
cure for collision" 1-26-87.
Paper presented at the Transportation
Research Forum's 28th annual meeting, November
16-18 1987, San Antonio, Texas; title: "What if
everything we know about highway safety is
wrong?"
Human Events, 5-30-87; title:
"More rules don't always mean safer roads"
The Freedman 7-92; title: "Do seat
belt laws work?"; Can be downloaded: http://www.self-gov/freeman/920710.html.
Sullum, Jacob, Senior editor, Reason
magazine; Washington Times, June 16, 1999;
title: "Proceed With Caution."
Tampa Tribune newspaper (Florida)
7-11-88; title: "Injuries to seat belt users
accelerate in Florida," by Preston Trigg, Staff
Writer. (Author comments: "The number of motorists
injured wearing seat belts in Florida jumped from
77,086 in 1988 to 124,362 in 1987, an increase of
62 percent. Similarly, the number of motorists
injured who weren't wearing seat belts dropped from
111,637 to 62,376 over the same period.")
Vitality magazine, 9-91; title:
"Car seat alert: 20% of the children's car seats
manufactured in the past 10 years are defective,
but only 5.4% have been repaired or replaced."
Wildavsky, Ph.D., Aaron, Institute of
Government Research, College of Liberal Arts,
University of Arizona; 3-13-78; title: "No-risk is
the highest risk of all."
On the
Internet
Search the Internet for: Medifus.com --
Medifocus Guides (Medical information for legal
professionals) "Litigation: Seat belt Injuries
Case";
http://members.aol.com.RevJohnK/seatbelt.html
http://www.lpca.com
(Click "positions," go to "seat belt law
opposition")
http://www.domelight.com/seatbelts1.html
(Click "Spotlight Issues")
Web site: "Killerbelts"; http://www.barvennon.com/seatbelt.html.
"The Data" -- http://barvenon.comseatbelt/sbevidence.htm;
NOTE: The author claims, "My web page establishes
clear and unequivocal proof that wearing a seat
belt in an urban area more than doubles the
likelihood of the driver becoming a fatality."
CATO Institute, http://wwww.cato.org;
Besides the article by Dr. John Adams listed under
authors, above, the Institute has other articles
relating to breech of liberty covered in its
publication "Regulations."
Choice In Personal Safety (CIPS) -- An
organization in England that is opposed to the seat
belt law. Besides text information, it has a list
of accidents involving injuries/deaths attributed
to seat belt use. See http://useers.aol.com/forgood/seatbelt/.
Defective seat belt system designs,
including buckles, can be found by searching the
Internet under "seat belt buckle" or
- "seat belt injuries," or various lawyers
offering their services under "products
liability" cases. This includes child safety
seats, such as in 1992, the National Highway
Traffic Safety Administration ordered the recall
of 1 million such devices. Also, back issues of
Trial magazine, a magazine for trail
lawyers, has details on products liability
cases, which includes seat belt system design
defects. One particular web site, http://www.medivillage.com,
states:"For medical malpractice and personal
injury attorneys who need authoritative medical
literature to support a claim, identify the most
experts and build a solid winning case
litigation."
The Independence Institute, 14142 Denver
West Parkway, Suite 185, Golden, CO 80401; "HB
1131:Seat belt Law Endangers Innocent," by Linda
Gorman (HB refers to House Bill); http://www.i2i.orgSuptDoc/Backgrounders/2000/seatbelts.htm.
"Dangerous Changes in Seat Belt Law," by William
J. Holdorf; http://i2i.org/SuptDocs/OpEdArcv/2000/seatbelt.htm.
"Mandatory Seat Belt Law Cause Dangerous
Driving, and Invade Privacy." http://www.i2iorg/SuptDoes/Personal%20Freedom/MandatorySeatBeltLaws.htm.
"Risk Homeostasis and the Futility of Protecting
People from Themselves." http://i3i.org/SuptDoes/Personal%20Freedom/RiskHomeostasis.htm.
Shane Foran, Safety Officer, Galway Cycle
Campaign , Galway, Ireland. "Seatbelts Make Us
Safer.....Right?" This article documents facts
showing in the aftermath of seat belt legislation
(outside U.S.), while fatalities of front seat
occupants declined, fatalities of back seat
occupants increased, as well as an increase in
fatalities for cyclists and pedestrians. See at
http://www.ucolick.org/~de/AltTrans/SeatbeltLaws.html.
Also see http://www.barvennon.com/seatbelt/irish_letter.html
and http://www.geocities.com/galwaycyclist/submission/update.html.
Libertarian Party of San Bernardino
County, CA has a web page with seat belt law
opposition information. See at http://www.lpca.com.
National Motorists Association, 402 West
2nd St., Waunakee, WI 53597; nma@motorists.org ;
http://www.motorists.org;
While this organization does not take an official
stand in opposition to seat belt laws, it does give
both sides of the issue publicity, such as letters
to the editors and occasional OP-ED. For members,
it has information how to conduct oneself in a
traffic court. Other information on: http://www.ibiblio.org/rdu/p-safety.html;
http://www.ibiblio.org/rdu/a-onslau..html;
http://www.motorists.com/info/seat_belts.html.
Judicial Decisions,
Rulings, and Comments
Review the hundreds of court ordered settlements
against the auto makers since the advent of seat
belt laws in 1985 for, directly or indirectly,
causing or contributing to injuries and deaths of
persons from seat belt use in traffic accidents
which have resulted in the auto makers paying
hundreds of millions of dollars to the injured or
family of the deceased for the failure of a seat
belt to save as promised by the government. Such
costs are passed on by the auto makers to the cost
of new autos sold, thus adding to the high societal
cost of state mandatory seat belt harness laws.
The U.S. Supreme Court stated unequivocally that
every human being has a right to
self-determination:
"No right is held more sacred, or is more
carefully guarded by the common law, than the right
of every individual to the possession and control
of his own person, free from all restraint or
interference of others, unless by clear and
unquestionable authority of law." (Union Pacific Ry
Co v. Botsford, 141 U.S., 250, 251 1891.)
Further:
"It is not the function of our government to
keep the citizen from falling into error; it is the
function of the citizen to keep the government from
falling into error." (Justice Robert H. Jackson----
American Communications v. Douds, 339 US, 382, 442,
1950.)
Bill Holdorf is 75 years old and was an office
manager for an insurance company controlling the
administration and auditing of over 100 branch
offices of the company. After 23 years with the
company, he found out that top management didn't
want him anymore and was forced to retire in 1984.
He has been active lobbying for seat belt law
repeal efforts since 1984 and has made contact with
like-minded others throughout the U.S., Canada,
England, Ireland, and Australia, which includes
some politicians and professionals in academia who
also oppose such laws.
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