Governor to Sign Seat Belt Bill : Air Bag Provision Included; Assembly Must Still OK Plan

Gov. George Deukmejian signaled his intention Friday to sign landmark legislation that will penalize motorists who fail to use their seat belts and will require California cars to be equipped with air bags or other safety devices.

The measure, passed Thursday by the state Senate and awaiting final action in the Assembly, will require Californians to buckle up starting Jan. 1 or face fines up to $50. Auto makers will have until Sept. 1, 1989, to begin installing air bags or other automatic passenger restraints in all new cars sold in the state.

“I haven’t seen the bill in its most final form. But from everything I understand about it, I don’t think there will be any question I’ll be signing it. Don’t forget to buckle up,” Deukmejian told reporters before attending a World Trade Commission meeting in Fresno.

Will Join 14 Other States

Deukmejian’s statement left little doubt that California will join 14 other states in enacting a mandatory seat belt law. California will be the nation’s first to require air bags or other automatic restraints in cars as well--a controversial provision of the bill that is likely to face challenges in the courts and the Legislature before it takes effect.

Final action on the measure is expected in August when the lawmakers return from their month-long summer vacation. All sides agree that passage is virtually assured.

Nonetheless, it is rare for Deukmejian to announce his support for specific legislation--particularly controversial measures such as this one--before they reach his desk. By doing so now, however, he avoids a prolonged lobbying effort by supporters or by those who might want to see a less stringent measure, one that does not contain the air bag requirement, for example.

National Consequences

Still to be debated are the national consequences of the California measure. Assembly Speaker Willie Brown (D-San Francisco), the author of the bill, and others have predicted that, since California represents such a large share of the auto makers’ market, the manufacturers will simply decide to install automatic restraints in all cars rather than produce a special car for California.

Federal regulations require installation of air bags or automatic seat belts in all cars sold in the United States beginning with the 1990 model year. But the Reagan Administration, under pressure from auto makers, has agreed to scrap the rule if states with two-thirds of the nation’s population pass qualifying seat belt laws. The U.S. Department of Transportation has consistently refused to say whether the California measure would qualify toward that two-thirds.

Ford Motor Co. is the only U.S. auto maker that now offers air bags as an option, but the option is only available to government agencies. General Motors installed air bags in test cars in the 1960s but has since abandoned the program claiming that they are too costly and effective only in front-end collisions.

Auto industry sources maintain that air bags will add $800 or more to the cost of a new car. Others say the cost could fall to as little as $150 when mass-produced.

Loren Smith, California lobbyist for a coalition of auto makers and dealers that initially opposed the Brown bill, suggested that the auto industry has not given up the fight against air bags even though it is no longer opposed to the bill.

‘Best . . . Bill Available’

“It’s the best seat belt bill that we believe is available, and that was our goal,” Smith said. While Smith said the industry “can live with it,” he predicted that efforts will be made to overturn the air bag provisions at a later date.

The auto industry plans to argue that the seat belt requirement alone will result in a drop in serious injuries and highway deaths. Smith said he is confident that the Legislature can be convinced “that passive restraints aren’t really needed.”

Wayne Wilson, a Sacramento lobbyist who represents insurance companies that support the air bag provision, said any attempt to remove that requirement is likely to draw a renewed battle from the insurance industry and consumer groups.

Challenge Possible

On the legal front, auto industry sources have suggested that even if their legislative efforts fail, the air bag provision could be challenged in federal court on the theory that the states’ authority to impose such requirements on the auto industry has been preempted by the federal government.

Meanwhile, the California Safety Belt Coalition, an auto-industry financed group that was formed to push the seat belt law, plans to begin an extensive campaign of advertising and public service announcements to inform motorists about the pending law, according to its director, Jerry Reynolds.

State officials estimate that only about 15% to 20% of California motorists use their seat belts. The measure’s supporters believe that the seat belt law will cause compliance rates to increase to about 70%, saving an estimated 1,000 lives per year.

Daniel M. Weintraub reported from Fresno and Leo C. Wolinsky from Sacramento.