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House acts to close loophole in seatbelt law

Francisco Kjolseth | The Salt Lake Tribune Rep. Mike McKell, R-Spanish Fork, listens in on the legislative session on Friday, Jan. 30, 2015.

A loophole in a Utah law requiring seat-belt use has allowed some people to repeatedly escape punishment, but the House voted Tuesday to close it.

Rep. Mike McKell, R-Spanish Fork, sponsor of HB81, said that a law passed in 2015 to allow police to ticket people for not wearing seat belts without first finding some other violation, was intended to allow waiving punishment for the first offense.

But he said wording did not make that clear.

“This statute said basically that the court ‘shall waive the fine.’ It was always understood that was going to be waived on the first offense,” but the wording led some judges to figure they must always waive it. So some people escaped fines multiple times.

He said new wording clarifies that judges may waive fines only for a first offense.

The House passed the bill on a 67-0 vote, and sent it to the Senate for consideration.