California Carseat Law

California Carseat Law thumbnail
Children under 6 must use a safety seat in California.

On January 1, 2005, the state of California changed its child-restraint laws. The key change requires all children, until they are 6 years old or 60 pounds, to ride in the back seat of a motor vehicle. According to the California Highway Patrol (CHP), a child's injury risk decreases by 33 percent when sitting in the back seat as opposed to the front seat.

  1. The Law

    • California law states that children must use a child passenger restraint system when traveling in a motor vehicle until they reach 6 years of age or 60 pounds. Parents and guardians--or the driver of the vehicle--are responsible for seeing that children comply with the law. While some exceptions allow children covered by the law to ride in the front seat, children younger than 1 year old, lighter than 20 pounds or riding in a rear-facing child seat cannot ride in the front seat with an active passenger air bag.

    Exceptions

    • Children under 6 who weigh less than 60 pounds can ride in the front seat of a motor vehicle under certain circumstances. For instance, when no rear seat is available or when the rear seats are sideways or face the rear of the vehicle, you may allow your child to use the front seat in a child passenger restraint system. Additionally, if a restraint system cannot be installed properly in the rear seat, if children under 12 are using all available rear seats and if medical reasons prohibit a child from using a rear seat, she may ride in the front seat using an appropriate car seat system.

    Penalties

    • California punishes first-time offenders of its child passenger restraint laws with a fine of $100. Second and subsequent violations carry a $250 fine. In all cases, the court can waive the fine if the defendant proves financial hardship. If that happens, the court will order the defendant to attend an education program focused on proper use of child passenger restraint systems.

    Age and Weight Guidelines

    • While the law covers children through age 5, CHP advises use of a child passenger restraint system until a child is about 80 pounds or 57 inches tall. Adult seat belts do not fit properly until that point, according to CHP. CHP recommends a booster seat, used in tandem with a shoulder and lap belt, for children between 40 and 80 pounds. Toddlers between 20 and 40 pounds should use a forward-facing car seat. CHP suggests infants under 1 and less than 20 pounds ride in a rear-facing infant car seat.

    Considerations

    • Some motor vehicles only have lap belts in the back seat. In this case, CHP advises placing children at booster-seat age in the front seat of the vehicle. Booster seats only operate safely and effectively when used with a shoulder and lap belt. CHP believes it is best for children to ride in the back seat of a vehicle for as long as possible, even though California law allows them to ride legally in the front seat once they reach 6 years of age.

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  • Photo Credit major traffic jam 2 image by Aaron Kohr from Fotolia.com

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