- Children under the age of three years must be in a child restraint, by law, in all 50 states.child in the car image by Natalia Pavlova from Fotolia.com
According to the National Transportation Safety Board, auto accidents are the leading cause of death of children. As a result, the National Transportation Safety Board has created federal recommendations for child restraints to help prevent these deaths. Additionally, several states, such as California, have enacted additional state laws based on the federal recommendations to promote and protect children riding in cars. - The National Transportation Safety Board (NTSB) recommends all children under the age of eight be placed in a child restraint, while children ages eight to 13 sit in a booster seat while riding in cars. Presently only two states, Wyoming and Tennessee, have enacted this regulation as a law. Most states have child restraint requirement laws for children up to age seven, though California is not one of them.
The NTSB recommendations also determines types of child restraints by age or weight. For example, a child under the age of one year, or weighing less than 20 pounds, should be placed in a rear-facing child restraint under NTSB recommendations. Likewise, for children weighing 20-40 pounds, it is recommended that they be secured in a forward-facing restraint. Further, children over the age of eight, or weighing more than 40 pounds, should be placed in a booster seat until age 13, according to NTSB recommendations. - In California, a child must be placed in a child restraint or safety seat until he is six years old or weighs 60 pounds. The safety seat or restraint must also be placed in the rear of the vehicle unless there is no backseat, such as in a pickup truck. According to the California Highway Patrol, the risk of injury is reduced by 33 percent when children ride in the back seat. Additionally, children under the age of one year or who weigh less than 20 pounds cannot be placed in the front seat of any car that has an active passenger-side airbag.
- In California, a first-time offense for failing to have a child in a restraint or car seat is a $100 fine. However, if the offender is economically disadvantaged, the court will waive the fee and refer the offender to a community education program on child car restraint safety. Once the program is completed, the court will lift the fine.
A second-time offense, however, carries a $250 fine. As with the first-time offense, the fine may be waved or reduced if the offender can prove he is economically disadvantaged. The offender will be required to attend a community education program on child safety in lieu of the fine.
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