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The Olathe City Council has passed an ordinance bringing the city’s seat belt ordinance in compliance with the new state law passed earlier this year.
Both the state law and the new ordinance make it a primary traffic violation to drive without a seat belt fastened.
Prior to the new state law, police could not pull over and ticket a driver for only a seat belt violation. There had to be another type of violation such as speeding or reckless driving before a seat belt ticket could be issued. It was known as a secondary offense.
The new state law made it a primary offense, which means that not wearing a seat belt is enough reason for police to stop a motorist and issue a ticket.
There is one major difference, however.
The state law says a fine for not wearing a seat belt is $5. Under Olathe’s new ordinance, the fine and court costs will cost the offender $30.
Police Capt. Clark Morrow, commander of the city’s patrol division, said safety was the main issue with the seat belt law. He said most fatal accidents involve people who are not wearing their seat belts.
He said the new ordinance was not about making money for city coffers.
The vote on the ordinance was 6-1 last week with At Large Councilman John Bacon casting the dissenting vote.
Bacon noted that the passage of the new law allows the state to pick up $11 million in new federal transportation funds.
“This was just an effort to get more revenue,” he said.