Committee Report REGULAR CALENDAR
February 27, 2018
The Majority of the Committee on Transportation to
which was referred HB 1259,
AN ACT relative to passenger restraints. Having
considered the same, report the same with the following resolution: RESOLVED, that it is INEXPEDIENT TO
LEGISLATE.
p. Steven Smith
FOR THE MAJORITY OF THE COMMITTEE
Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT
Committee: Transportation Bill Number: 1-113 1259 Title: relative to passenger restraints. Date. February 27, 2018 Consent Calendar: REGULAR Recommendation: INEXPEDIENT TO LEGISLATE
STATEMENT OF INTENT
This bill would make seat belt use mandatory and a primary violation. If the goal is to increase seat belt use, the committee felt that education programs and advertising would be a better first step. The National Highway Traffic Safety Administration (NHTSA) also reports that close to 1 percent of crash fatalities are caused by seat belts. These cases involve submergence, fires, and exposure. Before potentially sacrificing some in order to save others, the committee would like to see more efforts to gain voluntary compliance before forcing this on people.
Vote 10-9.
Rep. Steven Smith FOR THE MAJORITY
Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR
Transportation HB 1259, relative to passenger restraints. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. Rep. Steven Smith for the Majority of Transportation. This bill would make seat belt use mandatory and a primary violation. If the goal is to increase seat belt use, the committee felt that education programs and advertising would be a better first step. The National Highway Traffic Safety Administration (NHTSA) also reports that close to 1 percent of crash fatalities are caused by seat belts. These cases involve submergence, fires, and exposure. Before potentially sacrificing some in order to save others, the committee would like to see more efforts to gain voluntary compliance before forcing this on people. Vote 10-9.
Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT
Committee: Transportation Bill Number: HB 1259 Title: relative to passenger restraints. Date: February 27 2018 Consent Calendar: REGULAR Recommendation: INEXPEDIENT TO LEGISLATE
STATEMENT OF INTENT
This bill would make seat belt use mandatory and a primary violation. If the goal is to increase seat belt use, the committee felt that education programs and advertising would be a better first step. NHTSA also reports that close to one percent of crash fatalities are caused by seat belts. These cases involve submergence, fires, and exposure. Before potentially sacrificing some in order to save others, the committee would like to see more efforts to gain voluntary compliance before forcing this on people.
Vote 10-9.
Rep. Steven Smith FOR THE MAJORITY
Original: House Clerk Cc: Committee Bill File
COMMITTEE REPORT
COMMITTEE:
BILL NUMBER:
TITLE:
DATE: CONSENT CALENDAR: YEC NO
OUGHT TO PASS Amendment No. ri OUGHT TO PASS W/ AMENDMENT INEXPEDIENT TO LEGISLATE
INTERIM STUDY (Available only 2nd year of biennium)
STATEMENT OF INTENT: , (( ,,,,,t..d ,/<,__,,,,z,-1 ,c) (-.7t C-)Se
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COMMITTEE VOTE:
RESPECTFULLY SUB ITTED,
• Copy to Committee Bill File • Use Another Report for Minority Report Rep. 3/1 rA For the Committee Rev. 02/01/07 - Yellow r VVV CLN )(ce 'lc 3ea 7P-\0(e- 41r4s c-t?t(.-Th vc3 la-4ce_ 77\ 4,3 REGULAR CALENDAR February 27, 2018 The Minority of the Committee on Transportation to which was referred HR 1259, AN ACT relative to passenger restraints. Having considered the same, and being unable to agree with the Majority, report with the recommendation that the bill OUGHT TO PASS. FOR THE MINORITY OF THE COMMITTEE Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT Committee: Transportation Bill Number: IIB 1259 Title: relative to passenger restraints. Date: February 27 2018 Consent Calendar: REGULAR Recommendation: OUGHT TO PASS STATEMENT OF INTENT Seat belt usage in NH has declined steadily in recent years: now 67%, the lowest percentage of use in the country. Sadly, 73% of fatal accident victims in NH from 2016 were not wearing a seat belt, compared to 41% nationally. Today's vehicles are designed to be used in conjunction with seat belts. Persons not wearing a seat belt often become a projectile within the passenger compartment, seriously injuring even belted passengers. Finally, medical costs for unbelted passengers who survive but are injured are three times higher than belted passengers; costs sometimes borne by the rest of us. Rep. George Sykes FOR THE MINORITY Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR Transportation HB 1259, relative to passenger restraints. OUGHT TO PASS. Rep. George Sykes for the Minority of Transportation. Seat belt usage in NH has declined steadily in recent years: now 67%, the lowest percentage of use in the country. Sadly, 73% of fatal accident victims in NH from 2016 were not wearing a seat belt, compared to 41% nationally. Today's vehicles are designed to be used in conjunction with seat belts. Persons not wearing a seat belt often become a projectile within the passenger compartment, seriously injuring even belted passengers. Finally, medical costs for unbelted passengers who survive but are injured are three times higher than belted passengers; costs sometimes borne by the rest of us. Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT Committee: Transportation Bill Number: HB 1259 Title: relative to passenger restraints. Date: February; 27'201 Consent Calendar: REGULAR Recommendation: OUGHT TO PASS STATEMENT OF INTENT Seat belt usage in NH has declined steadily in recent years: now 67% the lowest percentage of use in the country. Sadly, 73% of fatal accidents in NH from 2016 were not wearing a seat belt compared to 41% nationally. Today's vehicles are designed to be used in conjunction with seat belts. Persons not wearing a seat belt often become a projectile within the passenger compartment, seriously injuring even belted passengers. Finally, medical costs for unbelted passengers who survive but are injured are three times higher than belted passengers; costs sometimes borne by the rest of us. Rep. George Sykes FOR THE MINORITY Original: House Clerk Cc: Committee Bill File MINORITY REPORT COMMITTEE: vr\A-- r a 1--10; Co v->-, Is- '1-e BILL NUMBER: P-6 TITLE: Le lac( 1}11/Aay4- kn(St `CA-{ ' DATE: 7-1O-7/i CONSENT CALENDAR: YES NO 2 OUGHT TO PASS _ 111=A1= Amendment No. 7 OUGHT TO PASS W/ AMENDMENT INEXPEDIENT-TO LEGISLATE INTERIM STUDY (Available only 2nd year of biennium) STATEMENT OF INTENT: 5.A-Ak -73 lo (fL t.i--ztJ tuc_c_. ote.,,-\. [A„_ i\...3 .1-k• .--Cy23 cri c\._z , CL(Ll 0 () 1-7--) \O' t.,:g_,J___ OA -i-t„'V\ 7-A-3 nk cj: 018- S IVA 1 a J G_ eiut, clt _o___ 1 CV(R--k iN.... e_.(_AzA,n5f_A C 0 \Ty) pc-,LA -{-Angi._)i- -.LA: k• ..._4,AL.L. A ci i 4 A 1 -t4A on e c)\-( c_ 4.__Y CC-) e--t - i•-t.n ULf \, A.-)e----51- I . A.A.I.Iss. / Lk.) h 5 L.) • ~jvA- COMMITTEE VOTE: rr c,5 6•'‘rY-1 . RESPECT LLY SUBMITTED, ltu4, k c, 60. • Copy to Committee Bill File 44A-k- Rep. ei2 . rity 02/01/07 - Blue Executive Session HOUSE COMMITTEE ON TRANSPORTATION EXECUTIVE SESSION on HB 1259 BILL TITLE: relative to passenger restraints. DATE: February 27, 2018 LOB ROOM: 203 MOTIONS: INEXPEDIENT TO LEGISLATE Moved by Rep. T. Walsh Seconded by Rep. Horn Vote: 10-9 CONSENT CALENDAR: NO Statement of Intent: Refer to Committee Report Respectfully submitted, ..'6--f.,,,,:,ut Rep Thomas Laware, Clerk HOUSE COMMITTEE ON TRANSPORTATION EXECUTIVE SESSION on HB 1259 BILL TITLE: relative to passenger restraints. DATE: 0 9 (vih 1 -7 LOB ROOM: 203 MOTION: (Please check one box) 0 OTP TL El Retain (lst year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered) 6_5 k4 Moved by Rep. Seconded by Rep \A " Vote: (0—cl MOTION: (Please check one box) ❑ OTP ❑ OTP/A 0 ITL 0 Retain (lst year) 0 Adoption of Amendment # O Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: MOTION: (Please check one box) ❑ OTP ❑ OTP/A ❑ ITL 0 Retain (1st year) 0 Adoption of Amendment # O Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: MOTION: (Please check one box) ❑ OTP ❑ OTP/A ❑ ITL 0 Retain (1" year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: CONSENT CALENDAR: YES V NO Minority Report? V Yes No If yes, author, Rep: Motion Respectfully submitted: Rep Thomas Laware, Clerk Voting Sheets STATE OF NEW HAMPSHIRE 1/5/2018 10:32:55 AM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION TRANSPORT Bill #: 4/ao Title: --4,€-10--> pa-d-L,2,..) , PH Date: / Z-0 15 Exec Session Date: 01, / '2 / 12Zcs, Motion: Amendment #: MEMBER YEAS NAYS Smith, Steven D. Chariman ✓ Walsh, Thomas C. Vice Chairman , Chirichiello, Brian K. c,/ Crawford, Karel A. // Laware, Thomas W. Clerk v Horn, Werner D. ‘./ True, Chris / p—ovte Dickey, Glen ,.., ‘...t. g t 0 L, Moore, Craig C. Torosian, Peter E. i/ Valera, John J. le 0-c.tv.,S (7 Sykes, George E. V O'Brien, Michael B. y Soucy, Timothy A. i, Johnsen, Gladys p L.,6:.,:\ ,/ Vann, Ivy C. ../ Cleaver, Skip v St. Clair, Charlie v Lerner, Kari / Conley, Casey M. v TOTAL VOTE: Page: 1 of 1 Hearing Minutes HOUSE COMMITTEE ON TRANSPORTATION PUBLIC HEARING ON HB 1259 BILL TITLE: relative to passenger restraints. DATE: February 6, 2018 LOB ROOM: 203 Time Public Hearing Called to Order: 10:04 a.m. Time Adjourned: 4:00 p.m. (recessed at 11:00 a.m. and reconvened at 3:00 p.m.) Committee Members: Reps. Steven Smith, T. Walsh, Laware, Chirichiello, Crawford, Horn, True, C. Moore, Torosian, Sykes, O'Brien, Soucy, G. Johnsen, Vann, Cleaver and Lerner Bill Sponsors: Rep. Mulligan Rep. Horrigan Rep. Murray Rep. Doherty Rep. DiLorenzo Rep. Abel Sen. Hennessey TESTIMONY * Use asterisk if written testimony and/or amendments are submitted. *Rep. Mulligan, prime sponsor. Supports bill. Introduced bill. Gave many statistics in support of bill. (See attachment A.) Bill Alleman. Opposes bill. Used freedom argument. This bill is one more incursion on our freedom. This is about education, not legislation or government meddling. Government should not protect me from myself. More examples of nanny state. David Henderson, National Safety Council of NE. Supports bill. Two major facts: 1) Seat belt usage saves lives, and 2) higher rate of belt use because of laws. If one person is saved by this law, it's worth it. Public safety is the issue. Traci Beaurivage. Opposes bill. Should have a right to choose. Personal freedom. Stacey Savage. Supports bill. Is a nurse and gave example of accidents without seat belts. Rep. Josh Moore. Opposes bill. Is about freedom. This is a bad bill. *Rep. Timothy Horrigan, co-sponsor. Supports bill. (See attachment B.) Question: What about Uber driver? Answer: Same as taxi. Rep. Dan Hynes. Opposes bill. "Live Free or Die" - my own choice. Government shouldn't force me to be safe. Bill would be one more reason to be stopped by law enforcement. Adam Rendbisz. Supports bill. Gave many statistics to support his position. Unbelted crash victims cost the medicaid program more. *Howard Hedegard, NH Traffic Safety Institute. Supports bill. (See attachment C.) Read and showed video about unbelted person in a crash. Seat belts are a social issue. *Stephanie Shaw, NTSB. Supports bill. (See attachment D.) Chris O'Connell, Nurse at Dartmouth Hitchcock. Supports bill. Gave many examples of the value of seat belt usage. Told personal story about his wearing a belt saved him. Roger Richard. Opposes bill. Proud of NH being a liberty state. Moved here because of "Live Free or Die." Incrementalism is in danger of slipping. Rep. Packard, Leadership. Opposes bill. Seat belts do save lives. Adults can make the choice. Education not legislation. Rep. Steven Smith. Neutral. Sue Prentiss. Supports bill. Has seen the effects from not wearing a belt. Personal story of how belts saved her and her daughter. *Tara Gill, Advocate for Highway and Auto Safety. Supports bill. (See Attachment E, read by Rep. Horn.) Dr. Rick Murphy, TMRC, NH Public Health Assn, Concord Hospital. Supports bill. Not wearing a seat belt is a public burden. Neil Moore, Parkland Medical Center, Derry. Supports bill. Dr. Eric Martin, Trauma Medical Review Committee, NH Nurses Assn. Supports bill. (See attachment F.) *Dr. Lisa Patterson, Amer. College of Surgeons' Committee on Trauma. Supports bill. (See attachment G.) *Michael Dugas, NH DOT. (See attachment H.) *Joan Widmer, NH Nurses Assn. Supports bill. (See attachment I.) Respectfully submitted, Rep. Thomas Laware, Clerk HOUSE COMMITTEE ON TRANSPORTATION PUBLIC HEARING ON HB 1259 BILL TITLE: relative to passenger restraints. DATE: / )J) /g LOB ROOM: 203 Time Public Hearing. Called to Order: I 01 C)(1 C . ,../Qics2zad, 3 Ind pT%ime Adjourned: 0 L4 :CO Committee Members: _Reps. .teven Smi Dickey C.I oore orosia Va era Clair, erne onley an. Lawaile j Bill Sponsors: Rep. Mulligan Rep. Horrigan Rep. Murray Rep. Doherty Rep. DiLorenzo Rep. Abel Sen. Hennessey TESTIMONY * Use asterisk if written testimony and/or amendments are submitted. ()•--Y`'Atf-A>• ot L.6-Lts,c14-- 0.5L2.0,-/vv*-, crp-p-4)-6-Ao •kft'se erA zor-ktA_ c›, .1Ayov,,-4 /rte"/ linAk)1/4 wv-0 06 (v capw,i q,e031 2Afet,--p-A ci tu_ e. .ems. A.,CLAi-41) j-,LA11A ./3/.4 (J,^a/C, c-k14JeA J&*"dtA u,s1 JN.J0 '1) L_,L42%. 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L-e/e/ C,Jtrt PAN‘J-). -_4.-LAr-p4L/L.4 ryut ) eiN,‘X 0-4>' SIGN UP SHEET To Register Opinion If Not Speaking Bill # Date Committee —rg - R'J---A-z-i a 1,i ** Please Print All Information ** E : "Lc, No to44.\ 5c,“- e (or 1 iNci di-le Cil *e-C.1 'DSc f)0( ‘' ce Assoc- - Representing (P eheek one) Name Phone arq JiriL li cd Srcli?nn 1.1-- rye /1-6,viwuev ITc:ivc E-6(tc R A()2)2a1J Cr C/&/b,16,1 ,C /(ragA 7 a 4 , Pi;V A4-7L4_ci 72e.sse 6L) 5 1, )pol(p e 46 ik' rLiz-ioiktC., 20 t/ 'fk,-----Rkp, R,ichawd /910,V / 6v-At--v-ro- )3„ 'i)6 6 oar) V C.T;•(20 1,0 4 Pier r:0,,,,,, ivy ,uu„,,,,q(56,, i. Re.. 0 e, ,.. h IA iv, i,t, , Ro-ic. JIG'Jor4)r Q1-4 -t X aWl “nilliA.Pk)f) 01)/Yre2A 1---i'N kit/9 i hcii -ciiL, PC V- C ku) Se okrle _/ J04/1j011- -) it\ N H ,\s • /,`;(/ a t4V--)-,' c- ic : s- \( ,t os 7\)01-6- X iyVai r X ii' ._s';,/ iM Lift-T1 ie_ 14 (z_z__s ,;.? /X- g• // W4Poavi //1) get-it 42 K ---,,,,,v. No rc,_- Re ierf,riock_ /K, 4 ri-K ,K,6, (47'1(3 25 1/"(-/Iria- cZti47) Yillf ) 1--- P L- Am GAG/lie ft 1 L6 5 / 3 k 4_7 L,6 (7, L L c ,c-- Po v -fN0E,P59/i cop coe_v , acfc 4 l'Aih__ cm -617 Ccuricrt Ai.ks- X - ,----D k A • rti: , 7 c. >11— (4 (.4r2 , "E R); , etu- Ctr%cti-4 SIGN UP SHEET To Register Opinion If Not Speaking 7_, r Bill # Date Committee ** Please Print All Information ** (check one) Name Address Phone Representing Pro Con k ia A- A 40..(i_sc_rc, koc_k — 4-6 7-- g--- II ..- , ir-wr -1. ei! • r ' v v i v..1 7e=cci------Kt et, A i\.c re LA.-- tej k: i-C_ Ge.,-Civvx. Q tJ e312 1/it 0 4 0 ieQ , ;‘); (-verRil2- c663i 9c98- Lici 65-- /6 00K a \2t c J Testimony (Handouts) a Chairman Smith and Honorable Members of the Committee: Thank you for allowing me to introduce House Bill 1259, relative to passenger restraints. For the record, 1 am Rep. Mary Jane Mulligan, serving Grafton District 12, the towns of Hanover and Lyme. As many of you may already be aware, New Hampshire is the only state in the country without a law requiring seat belt use by adults. Many believe that this is something to be proud of. In fact, there is nothing to be proud of because not having an adult seat belt law translates to NH having the lowest seat belt usage rate, and the highest unbelted fatality rate, of any state. According to the National Highway Traffic Safety Administration (NHTSA), the national average for belt usage is just over 90%. Nineteen states have belt usage rates higher than this 90% national average. NHTSA's data also shows that New Hampshire's belt usage rate was only 67.6% in 2017. This is a decline from 70.2% usage in 2016. According to the New Hampshire Department of Safety, 136 people died on our roadways in motor vehicle crashes in 2016. Ninety-seven (97) of them were in vehicles equipped with seat belts. Unfortunately, 71 people who died, or 73% of them, were not using their belts. This 73% unbelted fatality rate is the highest in our country, and significantly higher than the national average of 41%. We have a higher percentage of people dying in motor vehicle crashes because they are unbelted, than any other state. The same is true for life changing injuries such as traumatic brain and spinal cord injuries. Increased seat belt use has proven to decrease the number of deaths and injuries in every state that has passed seat belt legislation. Data from states with primary laws shows a larger decrease in deaths and injuries than states with only secondary laws. Supporting data shows that seat belt laws are necessary because many of us deceive ourselves into believing that it will never happen to us and, therefore, choose to not take advantage of the seat belt's safety-functionality. The reality is that the 136 people who died, in those mostly preventable crashes during 2016, were average people. People like you and me. Wives, husbands, mothers, fathers, children. Somebody's loved one. 2 I am sponsoring HB 1259 because no seat belt legislation has been introduced in NH since 2009, and because many of my friends and constituents did not realize that NH didn't have a seat belt law for adults. Many of these folks moved here from other states, where seat belt use for all was mandatory, and so they naturally assumed it was also true in New Hampshire. Once I sponsored the bill, I started asking people if they wore seat belts or if they knew of anyone who didn't wear seat belts. I met quite a few people who didn't wear a seat belt or who knew someone who didn't. These people told me that their reasons for not wearing seat belts were 1) that they were too lazy or 2) that seat belts were uncomfortable. Those were their words. Interestingly, not one person mentioned anything about not wearing seat belts because of our state motto "Live Free or Die". It was only when I asked some of the state legislators here in the State House about seat belt use that I would hear the "Live Free or Die" argument as their reason for opposing legislation requiring adults to wear seat belts. I ask you, who doesn't want to live free? I believe that we all do! I also believe that one group or one philosophy shouldn't define what living free means for the rest of us, especially when the cost is so many lost lives or people living with life-changing injuries. 3 I believe that we can create positive change by joining the 49 states with seat belt laws that have been proven to minimize risk of death and injury, that would be good for our society as a whole, and that has been proven to have a positive impact on the public health crises, without losing any of our personal freedoms. Just think of all the various highway safety laws that we currently abide by for the common good. We have been doing so for many, many years while remaining free. Again, thank you Chairman Smith and Honorable Members of this Committee, for permitting me to testify in support of House Bill 1259. I respectfully ask the Committee to find this bill worthy of your support with an "Ought to Pass" recommendation. 4 Testimony in Favor of HB 1259: "AN ACT relative to passenger restraints." February 6, 2018 Rep. Timothy Horrigan (Strafford 6) 7-A Faculty Road; Durham, NH 03824; ph: 603-868-3342 I urge the House Transportation Committee to vote Ought to Pass on HB1259. Wearing seat belts is plain old New Hampshire commonsense. I personally would find it as unnatural to be in my car without a seatbelt as to be in my car on the left side of the road. Do I drive on the right side of the road just because it is against the law to do so? No, not really— although I certainly do obey the rules of the road. Do I move on over to the left side of the road when there is no oncoming traffic? No. Is the state infringing on my freedom when it tells me to stay on the right side of the road? No, not at all. This is one of those places where the state has every right to make rules and enforce them. Wearing your seatbelts is as basic as driving on the right side of the road. In fact it is even more basic: some countries drive on the left, which is just as safe as driving on the right—as long as everyone is driving on the same side. Wearing my seatbelts is, in my opinion, as basic a precaution as driving on the same side of the road as the other drivers, having lights on your car, keeping the windshield clear, and being sober. Seat belts do not prevent all injuries. Indeed, approximately a quarter of all motor vehicle fatalities are people who were wearing seat belts. But your odds of survival are much better when you buckle up. Not only that, your odds of being conscious and mobile after a wreck are greater after a crash, which means you can help the other drivers and the first responders deal with the emergency. Even during the wreck, you can control the car better if you are belted in behind the wheel rather than being tossed around the inside of your car— or even worse, ejected from the car. The committee will doubtless be regaled with stories concerning people who are trapped in the wreckage of their cars: sometimes cars do plunge into bodies of water or even catch on fire. And when that sort of thing happens to you, you don't want to be trapped in your car. Luckily, it takes only a split second to reach down and unfasten your belt. Your odds of escape are in fact much better if you have your seat belt on. This is a perennial bill, but for whatever reason it hasn't come back since the 2009 session. Ironically, the prime sponsor of that year's seat belt bill got into a terrible accident in the fall of 2009, right around the corner from her house. Her car was totally destroyed. Happily, however, even though she was severely injured, she was able to give an interview on the Channel 9 News two days after the accident. Without the seat belt, she would have been dead. Rep. Timothy Horrigan 7-A Faculty Road; Durham, NH 03824; ph: 603-868-3342 Chairman Smith and Honorable Members of the Committee: Thank you for allowing me to testify in support of HB 1259. I am Howard Hedegard. I have served as a governor appointed member of New Hampshire's Traffic Safety Commission for the past 15 years and am the Highway Safety Specialist for the Injury Prevention Center at the Dartmouth-Hitchcock. I am also a certified National Safety Council defensive driving instructor who has taught their driving attitude course for the New Hampshire Traffic Safety Institute some 650 times during the past 17 years. I testify today as the defensive driving instructor. I am passionate about life and have come to learn that life is both fragile and precious. I am bothered by the number of untimely deaths and unnecessary injuries, especially the life changing ones, that occur, year after year, in motor vehicle crashes. Crash data continues to show us that about 94% of all crashes, from fender benders to fatals, are preventable. They happen because we choose to take unnecessary risk while driving. We drive impaired, distracted, fatigued, too fast, too close. We drive while ignoring what we intellectually know and that is that behaviors like this will eventually lead to a crash. We do this while deceiving ourselves into believing that, somehow, we are different than others, that we are better drivers than others, that we will neither cause nor be in a crash. The reality is that the crashes happen to people just like us week after week. Part of deceiving ourselves into thinking that we will not cause a crash or be in a crash allows us to deceive ourselves into believing that seat belts are not necessary. The actual driving experience further expands that deception. We drive mile after mile, day after day, week after week without being in a crash so we further convince ourselves that the crash will never happen at least not to us. Maybe it won't. Most likely it will. When it does, it will begin and end in seconds. There will be no time to restrain ourselves during the crash. Crashes are violent. In recent years, manufacturers have increasingly designed our vehicles to absorb and disperse the energy, the violence of a crash. This increase in vehicle safety design is intended to protect us from injury or death. When we choose to be unbelted and the crash occurs, many of the safety design features of our vehicles are negated because a primary concept of motor vehicle safety design is that we will take advantage of the seat belt and stay restrained in place so that the violence of the crash can be absorbed and dispersed around us. This is not possible when we are being thrown around within our vehicle or ejected out of it. I want to show you two very brief video clips of real crashes that were filmed as they occurred. The first is a crash in which the unbelted driver falls asleep, crashes and is thrown around inside the vehicle before being partially ejected. The second is a roll over crash caused by excessive speed and the driver is totally ejected into the path of oncoming traffic. My years of teaching the driving attitude course has taught me a lot about why people behave as they do and what, if anything, will change the way they behave. One of the things that I continue to be reminded of is that many, too many people will not buckle up because they believe that the crash will never happen. And, yet, they will buckle up if there is a law requiring them to do so. That is a primary reason that the other 49 states have passed seat belt laws, many of them years ago. Soon after passing their laws each state has seen their belt usage rates go up and their injuries and deaths go down. New Hampshire has avoided passing a seat belt law because we believe that people shouldn't be told what to do, that telling them is a violation of their personal freedoms. Unfortunately, the price that we pay by not passing a law is that New Hampshire continues to have the lowest seat belt usage rate and the highest unbelted fatality rate. Our belt usage rate in 2017 was only 67.6%. This is a decline from the 2016 usage rate. The national average is just over 90%. Our 2016 unbelted fatality rate was 73%. The national average was 41%. That translates to more injuries and more deaths year after year. I strongly believe that we should do everything we can to protect our personal freedoms. But, even more so, I believe that we must find a balance between the two. We are already required to abide by other highway safety laws designed to promote the common good. I am not aware of anyone losing personal freedoms because these laws were passed. I am also not aware of anyone losing personal freedoms in the 49 states that passed seat belt laws. I am aware, however, that those states have realized increased seat belt usage and decreased injuries and death. The reality is that 67.6% of our residents already buckle up so their lives would not be negatively affected if HB1259 were to be passed into law. Most of them wouldn't even give the fact that a seat belt law now exists a second thought. For that matter recent UNH surveys show that a majority of New Hampshire citizens support the passing of a seat belt law. The other 32.4% would benefit because most of them would finally start protecting themselves by buckling up and New Hampshire could finally see our belt usage rate rise and our injuries and deaths decline. 0.A N Sp 0 National Transportation 1(1 Safety Board 111 111 Washington, D.C. r)" 20594 Safety Information TESTIMONY OF STEPHANIE D. SHAW SAFETY ADVOCATE NATIONAL TRANSPORTATION SAFETY BOARD BEFORE THE HOUSE TRANSPORTATION COMMITTEE NEW HAMPSHIRE HOUSE OF REPRESENTATIVES ON HOUSE BILL 1259 PRIMARY ENFORCEMENT SEAT BELT LEGISLATION CONCORD, NEW HAMPSHIRE FEBRUARY 6, 2018 7 percent reduction in fatalities. A similar 10 percent reduction in fatalities was observed in Minnesota, which introduced primary enforcement in 2009. American citizens support primary enforcement. NHTSA conducted a survey in 2003 and found that 64 percent of the population surveyed supported it. Even in states without it, more than half of those surveyed approved of primary enforcement. There is no scientific evidence that shows any disproportionate stopping or citing of people of color following the passage of a primary seat belt law. Furthermore, minority populations were strong proponents of such laws, with 74 percent of Hispanics surveyed and 67 percent of African Americans surveyed endorsing primary enforcement. Primary enforcement seat belt laws remain the best way to raise and maintain high seat belt use rates. Numerous scientific publications and the U.S. Guide to Community Preventive Service's systematic review of all available scientific literature show that primary enforcement seat belt laws increase seat belt usage, and with increased usage, comes fewer injuries and fatalities. The NTSB has investigated many crashes where seat belts would have saved lives or prevented serious injuries. The Safety Board recommended in June 1995 that States enact legislation that provides for primary enforcement of seat belt laws. In 2014, the Safety Board again called for the States to enact primary enforcement seat belt laws that apply to all vehicle occupants in all seating positions equipped with seat belts. The Safety Board maintains a Most Wanted List of transportation safety improvements because of their potential to save lives. Strengthen Occupant Protection is one of the issues on that list, with primary enforcement seat belt laws being one of the highway safety countermeasures with the potential to save even more lives. Based on scientific studies and our own highway crash investigations, the NTSB is confident that a significant number of lives would be saved, and injuries would be prevented, if New Hampshire enacts H.B. 1259. Thank you for this opportunity to appear before you. I would be pleased to answer any questions you might have. ### 3 National Transportation Safety Board Washington; DC 20594 Safety Recommendation Date: December 14, 2015 In reply refer to: H-15-42 The Honorable Maggie Hassan Governor of New Hampshire State House 107 N. Main St. Concord, NH 03301-4951 The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, we cany out special studies concerning transportation safety and coordinate the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the state of New Hampshire to take action on the safety recommendation being issued in this letter. On November 17, 2015, the National Transportation Safety Board (NTSB) adopted its report concerning the September 26, 2014, crash in which a Peterbilt truck-tractor in combination with a Great Dane semitrailer, operated by Quickway Transportation Inc., collided with a Champion Defender 32-passenger medium-size bus on Interstate 35, near Davis, Oklahoma.' The truck-tractor departed the roadway, traveled more than 1,100 feet across the median without evidence of braking or steering, entered the southbound lanes of traffic, and collided with the bus—which was transpoiting 15 members of the North Central Texas College softball team. As a result of the crash, four passengers on the bus were fiffly or partially ejected and died, and both drivers and the remaining passengers were injured. Additional information about this crash and the resulting recommendations may be found at our website, www.ntsb.gov, under report number NTSB/HAR-15/03. As a result of this investigation, we issued seven new recommendations, including two to the Federal Motor Carrier Safety Administration; one to the National Highway Traffic Safety 1 See Truck-Mactor Semitrailer Median Crossover Collision With Medium-Size Bus on Interstate 35, Davis, Oklahoina„ September 26, 2014, Highway Accident Report NTSB/HAR-15/03 (Washington. DC: National Transportation Safety Board. 2015). 201501190 8610B 2 Administration (NHTSA); one to the Federal Highway Administration (FHWA); one to five motor carrier industry stakeholders; one to the American Association of Community Colleges,- and the following recommendation to the 50 states, the District of Columbia, and Puerto Rico: H-15-42 Enact legislation that provides for primary enforcement of a mandatory seat belt use law for all vehicle seating positions equipped with a passenger restraint system. This recommendation supersedes Safety Recommendation H-97-2, previously issued to the governors and legislatures of the 50 states, the US Territories, and the District of Columbia. As a result of this investigation, we also reiterated five previously issued recommendations to NHTSA and two each to the FHWA and to the American Association of State Highway and Transportation Officials. This safety reconunendation is derived from the NTSB's investigation and is consistent with the evidence we found and the analysis we performed. Chairman HART, Vice Chairman DINH-ZARR, and Members SUMWALT and WEENER concurred in this recommendation. The NTSB is vitally interested in this recommendation because it is designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90 days detailing the actions you have taken or intend to take to implement it. When replying, please refer to the safety recommendation by number. We encourage you to submit your response electronically to [email protected]. [Original Signed] By: Christopher A. Hart, Chairman NTSB 2017-2018 MOST Strengthen Occupant WANTED Protection GE TRANSPORTATION SAFETY IMPROVEMENTS HIGHWAY What is the issue? otor vehicle crashes are a leading cause of death for all Americans. In 2015, more than 35,000 people were killed on the nation's roadways. Although restraint use has been required in passenger cars in Although restraint I\A most states for more than 20 years, about half of vehicle occupants killed in crashes are still found to be unrestrained. use has been required We have investigated many crashes in which improved occupant protection systems (seat belts, child in passenger cars restraints, and other vehicle design features) could have reduced injuries and saved lives. Some of our in most states for recent investigations have also highlighted the importance of proper seat belt use and readily accessible and identifiable evacuation routes on larger passenger vehicles, such as school buses, motor coaches, and more than 20 years, other commercial vehicles. For example, in 2014, a group of softball players was traveling home from a about half of vehicle tournament on a 32-passenger medium-size bus equipped with seat belts. Their bus was struck by a truck- tractor on Interstate 35 near Davis, Oklahoma, and four unrestrained passengers were ejected from the bus occupants killed in and died. None of the injured passengers on the bus was wearing a seat belt. crashes are still found We have also seen occupant ejections from school buses that might have been prevented if compartments to be unrestrained. were better designed to keeps windows in place (and, therefore, passengers inside the vehicle). Additionally, our investigations have revealed that better evacuation procedures, including pre-trip passenger procedure briefings, could have minimized injuries and prevented deaths. These issues, especially pre-trip briefings and evacuation, were important in the truck-tractor and motorcoach collision with post crash fire that occurred on Interstate 5 near Orland, California, in 2014. Orland, CA; April 2014 ME CP NTSB 2017-4t., • Strengthen Occupant Protection MOST www.ntsb.gov/MostWanted WANTED [email protected] _LLS1T_ Continued from previous page The NTSB Most Wanted List highlights safety What can be done? issues identified from the NTSB's accident To minimize deaths and injuries, we need to see increased use of existing restraint systems, and better investigations to • design and implementation of occupant protection systems that preserve survivable space and ensure ease increase awareness of evacuation. For children, the correct use of a child restraint system can mean the difference between life about the issues and and death. When used correctly, child safety seats can reduce fatal injury by 71 percent for infants (under promote recommended 1-year-old) and by 54 percent for toddlers (1 to 4 years old). Properly worn lap/shoulder seat belts reduce the safety solutions. risk of fatal injury to occupants ages 5 and older in passenger cars by about 45 percent. The NTSB is an independent federal To increase seat belt and child restraint use in motor vehicles, we must take a three-pronged approach: agency charged legislation, enforcement, and education. Strong occupant restraint laws are critical. Although the daytime by Congress with seat belt use rate for front seat occupants in the United States is 87 percent, seat belt use is significantly investigating every civil lower in states without primary enforcement laws and for laws addressing passengers seated in the rear aviation accident in • seats. Primary enforcement sends a message to motorists that seat belt use is an important safety issue for the United States and all seating positions within a vehicle. significant accidents Education campaigns about the benefits of seat belt and child restraint use enhance understanding of these in other modes of issues and encourage proper use in all vehicles. For larger passenger vehicles, pre-trip briefings and training transportation — railroad, highway, marine on the proper use of available restraints and evacuation routes are vital. 0 and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and Cranbury, NJ; other organizations to June 2014 provide assistance to victims and their family members impacted by To increase seat belt and child restraint use in major transportation disasters. motor vehicles, we must take a three-pronged NV @NTSB approach: legislation, enforcement, NIP #NTSBMWL and education. Follow NTSB on Related Accidents* MWL MOST WANTED UST July 14. 2015 Orland. CA HWY14MH009 September 26.2014 Davis. OK HWY14MH004 Critical changes June 7 2014 Cranbury. NJ HWY14MH012 needed to reduce transportation accidents and *For detailed accident reports, visit www.ntsb.gov save lives. National Transportation Safety Board 1490 L'Enfant Plaza, SW I Washington, DO 20594 Rev. 12/2016 (202) 314-6000 1 http://www.ntsb.gov/mostwanted AMERICAN COLLEGE OF SURGEONS A ADVOCATES Inspi.fitg Quality: E N it r op Standard::, Better Qutcontes AL, in ',A,: •1 r.T EMERGENCY NURSES ASSOCIATION SAFE PRACTICE, SAFE CARE ',4)1.0 !years Now Hampshire Stale Council Statement of Tara A. Gill, Director of State Programs, Advocates for Highway and Auto Safety, Lisa A. Patterson MD, FACS, New Hampshire State Chair, American College of Surgeons Committee on Trauma, and Stacey Savage, President, New Hampshire Emergency Nurses Association In Support of House Bill 1259 House Transportation Committee New Hampshire General Court February 6, 2018 Good afternoon, my name is Tara Gill and I am the Director of State Programs for Advocates for Highway and Auto Safety (Advocates). Advocates is a coalition of consumer, safety, public health and medical groups, and insurance companies and organizations working together to pass highway and auto safety laws that prevent unnecessary crashes, deaths and injuries and contain associated costs. I am submitting this statement jointly with Lisa Patterson, New Hampshire State Chair, American College of Surgeons Committee on Trauma, and Stacey Savage, President of the New Hampshire Emergency Nurses Association. The American College of Surgeons is the largest scientific and educational organization of surgeons worldwide. Founded in 1913, it seeks to raise the standards of surgical practice and improve the quality of care for all surgical patients. The Emergency Nurses Association is the premier professional nursing association dedicated to defining the future of emergency nursing through advocacy, education, research, innovation, and leadership. Our organizations support House Bill (HB) 1259, legislation to enact a primary enforcement seat belt law requiring all occupants in all seating positions to buckle up in New Hampshire. This lifesaving bill will help address the epidemic of motor vehicle crash fatalities, injuries and associated costs, and improve the safety of New Hampshire families and all those who travel on state roads. In 2016, traffic fatalities claimed the lives of 136 people on New Hampshire roads, the largest number of lives lost since 2008, according to the National Highway Traffic Safety Administration (NHTSA). Lack of seat belt use is a major contributing factor to fatal crashes in the state. In 2016, 74 percent of motor vehicle fatalities (69 fatalities) were unbelted when restraint use was known (NHTSA). The observed seat belt rate in 2016 was merely 70 percent, marking New Hampshire as the state with the lowest seat belt use rate in the nation. Insufficient seat belt use is a serious public health and safety issue in urgent need of the solution that HB 1259 provides. Seat belts not only save lives and prevent lifelong debilitating injuries, they also save taxpayer dollars. Motor vehicle crashes cost New Hampshire nearly $1.4 billion annually (NHTSA). Unbelted crash victims have medical bills that are 55 percent higher than belted victims, and society bears a majority of the cost through increased insurance premiums, taxes, and health care costs (NHTSA). These costs essentially result in a "crash tax" of $1,043 for every New Hampshire resident.' In fatal crashes 81 percent of passenger vehicle occupants who were totally ejected from the vehicle were killed (NHTSA). Only one percent of the occupants reported to have been using restraints were totally ejected, compared with 30 percent of unrestrained occupants. Further, the proportion of unrestrained passenger vehicle occupants killed that were seated in the front seat was 47 percent, compared to 57 percent of unrestrained passenger vehicle occupants killed that were seated in the rear seat (NHTSA). This is why it is critically important a seat belt law covers both front and rear seat passengers. Unbelted rear seat passengers pose a serious threat to the driver and other vehicle occupants. Known as "back seat bullets," unbelted rear seat passengers can be thrust at high rates of speed into other occupants, causing fatalities and serious injuries, as well as loss of control of the vehicle. "The odds of death for a belted driver seated directly in front of an unrestrained passenger in a serious head-on crash was 2.27 times higher than if seated in front of a restrained passenger.' Seat belt use in the rear seat is especially critical as the safety infrastructure built into the vehicle is not as developed in the rear seat as it is in the front seat.' Furthermore, the majority of passengers in the rear seats of vehicles are teens and children, and studies have shown that seat belt usage by teens and young adults (age 16 — 24) is among one of the lowest segments of society. A poll released by the Insurance Institute for Highway Safety (IIHS) found that nearly 40 percent of people surveyed said they sometimes don't buckle up in the rear seat because there is no law requiring it. If such a law existed, 60 percent of poll respondents said it would convince them to do so.'" Enacting a primary enforcement seat belt law for all occupants will send a strong message that everyone needs to buckle up on every trip. Primary enforcement, which permits police officers to stop and ticket the driver for a violation of the seat belt law, is an essential provision in an optimal seat belt law. Primary enforcement is consistent with other regular traffic safety laws in that no other violation need occur first. These laws permit police officers to do their job without being encumbered by a requirement to witness an additional violation. States with primary enforcement laws have higher seat belt use rates. When primary laws are passed, seat belt use rates increase from 10 to 15 percentage points as experienced in a number of states. Moreover, a study conducted by IIHS found that when states strengthen their laws from secondary to primary enforcement, driver death rates decline by an estimated seven percent. If every state with a secondary seat belt law upgraded to primary enforcement, about 1,000 lives and $4 billion in crash costs could be saved every year, according to NHTSA. Seat belts saved the lives of 29 people on New Hampshire's roads in 2016, and yet 22 more people could have been saved by 100 percent seat belt use (NHTSA). We urge you to support this commonsense legislation to save lives, prevent injuries, and curb the spending of taxpayer dollars. ' Calculation based on the Census Bureau 2010 population count of 1.317 million in New Hampshire and 2010 economic crash costs for New Hampshire estimated at $1.374 billion (NHTSA). Mayrose, James, Influence of the Unbelted Rear-seat Passenger on Driver Mortality: "The Backseat Bullet", Academic Emergency Medicine, Volume 12, Issue 2. Article first published online: 28 June 2008. Sahraei at al. Reduced Protection for Belted Occupants in Rear Seats Relative to Front Seats of New Model Year Vehicles, Prof ARAM, 2010. 1' Status Report, Unbelted, Vol. 52 No. 5, "Adults admit they often skip belts in rear seats", IIHS. August 3, 2017. Eric D. Martin, MD, FACS One Medical Center Drive• Lebanon, New Hampshire 03756 • (603) 650-8050 • [email protected] February 2, 2018 NH House Transportation Committee 107 North Main Street, LOB 203 Concord, NH 03301 RE: NH HB1259 Dear Members of the Committee, My name is Dr. Eric Martin and I thank you in advance for taking the time to read this letter pertaining to House Bill 1259. I am in my seventh year as a Trauma surgeon at Dartmouth-Hitchcock Medical Center, but prior to my trauma fellowship in Baltimore I was a surgical resident at Dartmouth. In addition to my clinical responsibilities I am the Vice-Chair of the New Hampshire Trauma Medical Review Committee as well as the New Hampshire Vice-Chair for the American College of Surgeons Committee on Trauma. I would like to share just one of many stories that may highlight the importance of seatbelts. Just a few months after completing my fellowship I was working the night shift which started at 5pm. Soon after arriving to work there was a scene trauma call bringing in a 21 year old gentleman, the unrestrained driver who was involved in a motor vehicle crash and had been partially thrown from his vehicle. Although he initially had vital signs at the scene he quickly progressed to cardiac arrest and arrived at our hospital with CPR being performed. Despite over 45 minutes of CPR and multiple interventions he did not survive, Time of Death 6:15. After a difficult discussion with his family and friends I received a page regarding an ICU patient who had acutely worsened. This was a 26 year old gentleman, the unrestrained and ejected driver (found 80-100 feet from his vehicle) in a motor vehicle crash earlier in the day, who was severely injured and had been operated on by one of my partners. With concern of re-bleeding we proceeded emergently to the operating room where he died despite our interventions, Time of Death 7:18. I then had to conduct my second discussion with a family to share the devastating news that their son was dead. In just 63 minutes the lives of two young men ended despite the efforts of dozens of health care workers who have dedicated their lives to helping others, when the one thing that would have made the biggest difference was the click of a seatbelt. As I write this I can remember returning to my desk that night, emotionally drained by the thought of all the grief that the friends and families of these gentlemen would be experiencing. While watching the news the following day I learned that somewhere else in New Hampshire a 29 year old passenger of a car was thrown from the vehicle after a crash and was pronounced dead at the scene. This committee will most likely hear from multiple sources regarding the data supporting seatbelt use and how laws, especially with primary enforcement, increase seatbelt compliance but I wanted to share one example of what we in the trauma community experience every day. As bad as death is it is just one outcome, as numerous others suffer life altering injuries such as paralysis or traumatic brain injury. These individuals often require lifelong assistance and can put excessive strain on family members providing some or all of their care. In our current environment of no seatbelt law for those over the age of 18 we allow individuals to make an uninformed decision about whether they should or should not wear a seatbelt, and when asked the response is usually "well it is my life." I imagine most of these people would think differently if they knew all of the consequences and how it impacts their loved ones as well as others. For example, unrestrained drivers and vehicle occupants have an increased risk of being thrown from the vehicle and often land in the roadway. This can result in other drivers crashing to avoid them, and also places first responders at risk of being struck by passing vehicles while trying to provide aid. Every morning the trauma team at Dartmouth, consisting of staff surgeons, surgical residents, nurse practitioners and medical students, meets to discuss the new patients admitted over the previous 24 hours. This morning alone there were several people injured in motor vehicle crashes and every presentation by the resident started with "the unrestrained driver involved in a MVC..." I asked everyone in the room how often we discuss patients that were restrained and the answers given simultaneously were "never" and "rarely". It still brings tears to my eyes when I think of that night many years ago and how two young men died from their injuries. What is even more distressing is thinking of all the other lives affected since that time because there is no seatbelt law in place to help others help themselves. I would like to again say thank you for allowing me to share my thoughts and I ask for your support in regards to House Bill 1259. Should you have any questions please feel free to contact me at the address or email listed below. Respectfully, Eric D. Martin, MD, FACS Assistant Professor of Surgery Division of Trauma & Acute Care Surgery One Medical Center Dr. Lebanon, NH 03756 eric.d.martinhitchcock.org Sthtes in Your Region Total population Crash -related death in 2013 costs in 2013 Rhode Island 1.1M $84M Vermont 0.6M $86M New Hampshire 131111 $ 10.7Y1 1.3M $180M Connecticut 3.6M $407M EMEMOMMII 6.7M $438M The cost figures presented in the fact sheets are based on information collected by each individual state. As a result, there are differences between states in the way they collect and categorize these data. Prevention Saves Money . 4' ,kAa"'" The best way to reduce motor vehicle crash costs is to prevent crashes. Some effective strategies for preventing crashes include: \ NIv • graduated driver licensing systems, • • sobriety checkpoints, and • ignition interlocks for those convicted of driving while intoxicated. The next best way to reduce costs is to, prevent injuries when crashes do happen. Among the proven ways to prevent injuries during a crash are increasing: • car seat and booster seat use through distribution plus education programs, • car seat and booster seat use through updated laws that require car seat or booster seat use for children age 8 and under, and • seat belt use through primary seat belt laws for all seating positions. For more information about these programs and policies, visit: www.cdcgov/motorvehiclesafety. Where can I get more cost estimates? • CDC offers a new interactive calculator, called the Motor Vehicle PICCS (Prioritizing Interventions and Cost Calculator for States). This tool was designed to help decision makers prioritize and select from a suite of 14 effective motor vehicle injury prevention interventions. At the state level, MV PICCS calculates the expected number of injuries prevented and lives saved and the costs of implementation, while taking into account available resources. www.cdc.gov/motorvehiclesafety/calculator WISQARS, • CDC's Web-based Injury Statistics Query and Reporting System (WISQARS) is an online, interactive system that provides reports of injury-related data. To find the costs of various injury deaths and nonfatal injuries, visit: www.cdc.gov/injury/wistiars. For more information about this fact sheet, including references, visit: www.cds„govirnotorvehiclesafety/statecosts For more information about CDC's motor vehicle safety work, visit: www.cdc.gov/motorvehicleateU Working together, we can help keep people safe on the road-everyday. Motor Vehicle Crash Deaths. Costly but Preven'tab In the: Uniteit:States. Over 30,000 people are killed in crashes each year. . - Motor vehicle crashes are atop 10 cause of death among peopitt-Age4-1-5 In 2013, crash deaths resulted in $4.i billion in medical and work loss costs. Motat Vehici.e crashes axe pre-wen-table. More can be dune to pre -ent- cradles . . and reduce injuries, and-state-level changes are especially effective. E A Pii P S Medical costs Work loss costs Total cost of crash-related deaths in New Hampshire in one year. BY TYPE OF ROAD USER BY AGE GROUP $46M Motor Vehicle $7M $66M Occupants Adults $35M Older Adults 28% 4% 39% Motorcyclists 21% $1 M* Children 1% $16M* Teens 10% $76M Young Adults 46% In New Hampshire, $66 million (4045) were categorized as "other/unspecified." Children: 0-14, Teens: 75-19, Young Adults: 20-34, Adults: 35-64, Older Adults: 65+ *Cost is based on fewer than 20 deaths and may be unstable. *Cost is based on fewer than 20 deaths and may be unstable. Taking action can save lives In 2013, nearly 140 people in New Hampshire were killed in motor vehicle crashes. New Hampshire can consider the following proven strategies, and the enforcement of related policies, to save lives and money: • Primary enforcement seat belt law that covers all seating positions. • Child pasgenger safety policies that require proper car seat and booster seat use through at least age 8. • Graduated driver licensing system which includes a minimum age provision of 16 years for obtaining a learner's permit, a mandatory learner's permit holding period of 12 months, and restrictions against nighttime driving between 10:00pm and 5:00am (or longer). National Center for Injury Prevention and Control CS257443N Dillsion of Ur intelitional infele9116fflgtic5n L— e HB 1259 Testimony Michael J. Dugas, P.E. — State Highway Safety Engineer February 6, 2018 GOOD AFTERNOON CHAIRMAN SMITH AND MEMBERS OF THE COMMITTEE. I AM MIKE DUGAS AND I AM THE STATE HIGHWAY SAFETY ENGINEER FOR THE DEPARTMENT OF TRANSPORTATION. I WILL BRIEFLY EXPLAIN THE DOT'S ROLE IN WORKING TO MAKE THE STATE'S ROADS SAFER. OTHERS HAVE EXPLAINED THE DETAILS OF CRASH STATISTICS. I WON'T REPEAT THEIR TESTIMONY, BUT SUFFICE IT TO SAY THE NUMBERS ARE UNACCEPTABLE AND THE CHALLENGE FOR THE DOT AND OUR SAFETY PARTNERS IS TO DRIVE THESE NUMBERS DOWN. THE DOT'S MORE VISIBLE ROLE IN ADVANCING SAFETY IS THE WORK WE DO TO MAKE PHYSICAL IMPROVEMENTS TO THE HIGHWAY SYSTEM. OUR GOALS WITH THIS REGARD ARE TO REDUCE THE NUMBER AND SEVERITY OF CRASHES. THE DOT'S LESS WELL-KNOWN SAFETY ROLE IS TO LEAD THE STATE'S STRATEGIC HIGHWAY SAFETY PLAN, WHICH IS A --- COMPREHENSIVE STRATEGY FOR REDUCING FATALITIES AND SERIOUS INJURIES ON ALL PUBLIC ROADS. THE DOT COLLABORATES WITH A COALITION OF FEDERAL AND STATE GOVERNMENT PARTNERS, AS WELL AS OTHER PUBLIC AND PRIVATE SAFETY STAKEHOLDERS, TO ADDRESS IMPORTANT RISK FACTORS IN 10 EMPHASIS AREAS. THESE EMPHASIS AREAS ARE GENERALLY THE NON-INFRASTRUCTURE CONCERNS SUCH AS IMPAIRED OR DISTRACTED DRIVING, SPEEDING, OR SPECIAL CONCERNS RELATED TO OLDER DRIVERS OR TO 'VULNERABLE USERS.' ONE OF THESE NON-INFRASTRUCTURE EMPHASIS AREAS IS VEHICLE OCCUPANT PROTECTION, WHERE IT IS KNOWN THAT INCREASING THE USE OF SEATBELTS, BY WHATEVER MEANS IT CAN BE ACHIEVED, WILL PAY DIVIDENDS IN MAKING OUR HIGHWAYS SAFER FOR ALL. IN CONCLUDING I WILL STATE THAT THE MISSION OF THE DOT AND OUR SAFETY PARTNERS IS TO CREATE A SAFETY CULTURE WHERE EVEN ONE DEATH IS TOO MANY. THANK YOU. NEW HAMPSHIRE NURSES' ASSOCIATION 25 Hall St. Unit 1E, Concord, NH 03301 PHONE: (877) 810-5972 Ext 701 EMAIL: [email protected] WEBSITE: www.NHNurses.org Written Testimony for Hearing on HB 1259 February 6, 2018 HB 1259: AN ACT relative to passenger restraints. This bill requires passenger restraint use by all motor vehicle operators and passengers unless specifically exempt by law. History/Context: New Hampshire is the only state in the US without a primary or secondary law requiring adult motorists to wear seat belts. No legislative action on this issue has been taken since 2009, when a bill requiring adult seat belt use passed the House but was defeated in the Senate. Proponents of a mandatory seat belt law argue that it would save lives, reduce injuries, and save the state, the federal government, and insurance companies millions of dollars. Opponents counter that the choice to wear a seat belt should remain up to the individual, and point out that even without a mandate, NH traffic fatality rates have been steadily declining. HB 1259 calls for a primary safety belt enforcement law, which would require law enforcement to stop any adult seen driving without a safety belt. Pros: • Though only 27% of NH motorists do not wear seat belts, 62% of NH traffic fatalities were unrestrained drivers or passengers • Seat belt use by drivers or front seat passengers in cars has been said to reduce the risk of death by 45% and of serious injury by 50%. • Seat belt use has an even greater impact in light trucks and SUVs, decreasing the risk of injury by 65%. • In 2008, the National Highway and Traffic Safety Administration estimated that enacting a primary seat belt law in NH would result in $7.9 million in savings to state government, federal government and insurance companies, primarily in reduced medical expenses. • Research shows that traffic fatality rates decline in states that enact seat belt laws: an average of 21% in states with primary laws and 7% in states with secondary laws. The New Hampshire Nurses Association and its Commission on Government Affairs is in favor of the passage of HB 1259. Prepared by Susan Smith BSN, MHA, NEBC, NHNA Commission on Government Affairs Presented by Joan Widmer, MS, MSBA, RN, Nurse Executive Director, NH Nurses Association New Hampshire's Association for Registered Nurses Established in 1906 A Constituent Member of the American Nurses Association INILM,11411‘ NEW HAMPSHIRE NURSES' ASSOCIATION Other points: • The government's job is to legislate in the best interest of the public, which sometimes involves legislation that addresses individuals that do not exercise common sense on their own. • There is significant cost to both the individual and the general public when there is injury or fatality from not using seat belts, including: increased cost of health care and loss of productivity. • The proposed fines of $25 for a first offense and $50 for a second or subsequent offense are intentionally minimal and serve as an educational tool to increase seat belt use. • Law enforcement currently is required to observe if children are properly restrained. Most children ride in the backseat. It is much easier to observe whether or not the driver is wearing a seat belt. • Law enforcement focuses their attention on many offenses such as whether or not the car has a current inspection sticker, if brake/head/tail lights, turn signals, etc... are functioning, in addition to observing for speeding, distracted or impaired driving. Seat Belt Facts (Source CitizensCountNH - Live Free or Die Alliancel • Lap-shoulder belts, when used, reduce the risk of fatal injury to front seat car occupants by 45 percent and the risk of moderate-to-critical injuries by 50%. For light truck occupants, seat belts reduce the risk of fatal injury by 60 percent and moderate-to-critical injury by 65 percent. • Nationwide seat belts saved an estimated 13,941 lives age five and older in 2013. An additional 2,804 lives could have been saved if all passenger vehicle occupants had worn seat belts. • The NHTSA recently estimated that needless deaths and injuries that result from non-use of seat belts cost society more than $10 billion annually in medical care, lost productivity and other injury related costs. • Since 1975, over $1 trillion in economic costs have been saved due to seat belt use. • In 2015, there were 171 passenger vehicle occupant fatalities among children age one to three and of those, where restraint use was known, 28 percent were totally unrestrained. • The average inpatient costs for crash victims who don't use seat belts are 55 percent higher than for those who use them. • Regarding personal choice and individual rights in relation to highway safety laws, the U.S. District Court for Massachusetts held in a decision affirmed by the U.S. Supreme Court that , "...from the moment of injury, society picks the person up off the highway; delivers him to a municipal hospital and municipal doctors; provides him with unemployment compensation if, after recovery, he cannot replace his lost job; and, if the injury causes disability, may assume the responsibility for his and his family's continued subsistence." 2 Bill as Introduced HB 1259 -AS INTRODUCED 2018 SESSION 18-2304 03/01 HOUSE BILL 1259 AN ACT relative to passenger restraints. SPONSORS: Rep. Mulligan, Graf. 12; Rep. Horrigan, Straf. 6; Rep. Murray, Rock. 24; Rep. Doherty, Merr. 20; Rep. DiLorenzo, Rock. 17; Rep. Abel, Graf. 13; Sen. Hennessey, Dist 5 COMMITTEE: Transportation ANALYSIS This bill requires passenger restraint use by all motor vehicle operators and passengers unless specifically exempt by law. Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. HB 1259 AS INTRODUCED 18-2304 03/01 STATE OF NEW HAMPSHIRE In. the Year of Our Lord Two Thousand Eighteen. AN ACT relative to passenger restraints. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 1 Youth Operators; Passenger Restraint Violations. Amend RSA 263:14, IV to read as follows: 2 IV. A driver who is under 18 years of age shall not be subject to license suspension for a 3 first violation of RSA 265:107-a, [1-a] I. 4 2 Passenger Restraints Required. RSA 265:107-a is repealed and reenacted to read as follows: 5 265:107-a Passenger Restraints Required. 6 I. No person shall drive a motor vehicle on any way unless such person has a safety belt 7 meeting applicable federal motor vehicle safety standards properly fastened about his or her body. 8 II. No person shall drive a motor vehicle on any way while carrying as a passenger a person 9 less than 18 years of age unless such passenger has a safety belt meeting applicable federal motor 10 vehicle safety standards properly fastened about his or her body, The requirements of this 11 paragraph shall not apply with respect to passengers who are required to be fastened and secured 12 by a child restraint system under paragraph III. 13 III. No person shall drive a motor vehicle on any way while carrying as a passenger a 14 person less than 7 years of age unless such passenger is properly fastened and secured by a child 15 restraint system which is in accordance with the safety standards approved by the United States 16 Department of Transportation in 49 C.F.R. section 571.213. If the passenger is 57 inches or more in 17 height, the provisions of this paragraph shall not apply. 18 IV. No person 18 years of age or older shall be a passenger in any vehicle being driven on 19 any way unless such person has a safety belt meeting applicable federal motor vehicle safety 20 standards properly fastened about his or her body. 21 V. No person shall drive a motor vehicle on any way unless the motor vehicle was designed 22 for and equipped with the passenger restraints which applicable federal motor vehicle standards 23 require for that vehicle and, when required by this section, a child restraint system which is in 24 accordance with the safety standards approved by the United States Department of Transportation 25 in 49 C.F.R. section 571.213. 26 VI. This section shall not apply to any of the following: 27 (a) A passenger in a motor vehicle regularly used to transport passengers for hire; 28 (b) A passenger in a motor vehicle which is a school bus weighing more than 10,000 29 pounds; 30 (c) A passenger in a motor vehicle which is a school bus weighing less than 10,000 31 pounds that was manufactured without safety belts; HB 1259 - AS INTRODUCED - Page 2 - 1 (d) A passenger on a school bus for whom there is an individualized education plan 2 which contraindicates the use of restraints; 3 (e) A motor vehicle manufactured before 1968; a motorcycle as defined in RSA 259:63; 4 an antique motor car or motorcycle as defined in RSA 259:4; or a motor vehicle which is being 5 operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling 6 at a speed of no more than 10 miles per hour; 7 (1) The driver of a motor vehicle making frequent stops in the course of the driver's 8 business; or 9 (g) A person with a physical or mental condition which prevents appropriate restraint 10 by a safety belt, as determined and certified by a licensed physician or advanced registered nurse 11 practitioner. 12 VII. Any person who violates the provisions of this section shall be guilty of a violation, and 13 shall be subject to the following fines: 14 (a) $25 for a first offense. 15 (b) $50 for a second or subsequent offense. 16 VIII. A violation of this section shall not be used as evidence of contributory negligence in 17 any civil action. 18 IX. A conviction for violating the provisions of this section shall not preclude prosecution of 19 any other offense for which violation of this section might constitute an element. 20 3 Effective Date. This act shall take effect 60 days after its passage.