Whereas, current law prohibits the ticketing of a person for failing to wear a seatbelt unless that person has been detained for a suspended violation of another law; and

Whereas, nothing prohibits the establishment of roadblocks by law enforcement agencies to determine whether a person is wearing a seatbelt; and

Whereas, the citizens of Maine, in approving the seatbelt referendum did not contemplate the use of such roadblocks to enforce the law; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §2081, sub-§7 is enacted to read:

7.__Checkpoints.__The State, a county or a municipality may not establish or operate a roadblock for the purpose of determining compliance with subsection 3-A.__For purposes of this subsection, "roadblock" has the same meaning as defined in section 2414, subsection 1, paragraph A.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill prohibits the use of roadblocks for the purpose of determining whether the operator or any passenger 18 years of age or older is wearing a seat belt.