Child Seat Laws in California

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Overview of car seat law

  • Children under two years of age need to be in a rear-facing car seat unless they are 40+ inches or weigh 40 lbs.
  • Children who are under eight years of age should be secured with a booster seat in the back.
  • Children less than 57 inches should be in a child safety restraint system. Don’t even consider age; your child’s safety plays an important role.
  • If the child is eight years of age and has a height between 15 to 57 inches can use adult seat belts. But always pay attention to seat belts for sure; even adults need to wear them for their own safety.   

Child Seat Law

According to CDC (Child Passenger Safety), more than 711 children were killed in vehicle accidents while 63000 were injured, and most of them had not buckled up their safety gear.

Based on the California 2019 Child Car Seat law, children under the age of 8 must sit in the vehicle’s back seat and should be in a child passenger restraint system.

– Rear-facing car seat law

Moreover, the law also indicated that children under two years should be seated in a rear-facing seat unless they are 40 pounds. The purpose of implementing this law is because, according to NHTSA, almost 60% of vehicle crashes are frontal impacts while 20% are side impacts. A rear-facing position for children can help them to protect from severe injuries and neck forces. The American Academy of Pediatrics recommended rear-facing seating, concluding that this resulted in low death and minimum injury rate.

If the police catch you violating the child seat law, you will receive a ticket and should pay the fine associated with the ticket.

-Forward-facing car seat

Parents can use forward-facing car seats for their children until the child does not weigh 40 pounds or is 40 inches tall. However, it is essential to note that the car seat should be top tether and have a five-point harness.

-Rental and ridesharing car seat law

In California, rental companies must provide access to a child restraint system if the person renting a car does not have one. This is for children of age eight or less. Some companies, like Uber and Lyft, provide the system, but the passenger needs to mention the child safety seat while booking a ride.

On the other hand, rideshare and taxi drivers are not mandated to provide car seats for children under the Child Passenger Safety Law. The passengers must bring their own appropriate child restraint system.

A quick tip: If you don’t know how to install car seats for your children, you can approach local community agencies like fire stations, police stations, etc. They have child passenger safety technicians who can help you install seats.

Exceptions to the law

There are some exemptions to the child safety seat, and here is the list of exceptions-

  • The law allows you to leverage a child passenger restraint system for your child. This only applies to the child with physical illness, medical conditions, etc.
  • If the child has a life-threatening condition or has been transported to another emergency authorized vehicle, the court does not fine you by considering the situation.
  • In a car if no rear seat is available, or seats are rear-facing seats, and it is impossible to install a restraint system so children under eight can sit in the front seat.
  • Children with medical conditions are allowed to sit in the front seat.

Enforcement and penalties

  • Violating child safety laws is a punishable offense. For the first offense, you are fined $100. However, in subsequent cases, the penalty increases to $250, which includes fees and penalty assessment.
  • If the vehicle violates Vehicle Code 27360 VC (using rarefacing for children of 2 years or weighing 40 pounds), the person receives one point on their DMW Driving Record.

Why is it necessary to use seat belts?

Not only for children, but everyone in the vehicle should protect themselves using a belt. Your child is sensitive, and jerks or rash driving can significantly impact them. You never know the type of bump you will face while driving. But if your child is safely protected with a seat belt, then it is easy for you to drive without worrying about the injury.

Conclusion

Being a parent, your children’s priority should be at the top. The rules and regulations are made to protect your child, so you need to follow them. This article highlighted some of the critical points. Californian law has effectively defined the practices one must adopt, whether in a ridesharing car or a front or rear seat. But you risk your child’s safety if you don’t follow them.

Moreover, you may face a fine, which can add points to your driving license. So think properly and choose the right seat safety for your children. If you still need clarification about California’s safety law, contact SunsetWest. They can help you understand every point related to the law. So, contact me today.

Author:​

Payton Kashani

Licensed since 2012, Attorney Kashani has spent more than a decade advocating for accident victims and their families. He is personally involved in every Sunset West Legal Group case, and has helped win case results ranging from $75,000 to over $6 million through both confidential settlements and trial verdicts.

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I am very pleased by his work ethic and professionalism.

“I met and became acquainted with Mr. Kashani after my previous attorney was not capable of continuing my case to a trial. Mr. Kashani was able to step in and not only settle my case before trial, but he was able to secure a much larger settlement for me. I would certainly recommend him to my friends and family”

John Bazinsky

Los Angeles, CA - Car Accident

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