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Here's a scary fact: despite all the stress put on using child safety seats, many if not most parents don't install them properly. According to the New York City Transportation Department, 9 out of 10 seats are installed improperly. That's a pretty bad score at anything. With such high stakes, parents should double check the fit of their child safety seats, and get help if they're not sure everything's right.
Of course an improperly installed safety seat would not provide your child with adequate protection in an accident. It might also cost you a heavy fine and points against your insurance rating. State laws penalize motorists who fail to properly restrain a child passenger. These might apply where a safety seat was not properly installed.
If you have any questions about the installation of a safety seat, get expert help. The National Highway Transportation Administration has an online child safety seat inspection station locator. Look for one in your area.
Update
The American Academy of Pediatrics has issued new guidance on choosing the most appropriate car safety seat for your child. It contains a significant change regarding use of rear-facing car seats. They now recommend your child ride in a rear-facing seat until around age two. The previous guidance recommended switching to a front-facing seat at about one year.
Original Article
If you're a soon-to-be-parent you may be unfamiliar with the laws regarding child safety in automobiles. After all, some of you may have fought with your siblings over riding in the front seat, and may not even remember riding in a car seat at all. But the rules have changed, and today's parents, grandparents, guardians and caregivers must acquaint themselves with laws and guidelines that barely existed a generation ago.
Laws and Guidelines for Car Seats and Booster Seats
Laws governing the safety of children who ride in automobiles vary from state to state. But all of the laws generally follow some basic principles:
- Infants should ride in the back seat of the vehicle, in a rear-facing car seat, until the child is one year old and weighs at least 20 pounds
- Forward-facing car seats should be used after the child graduates from his rear-facing seat. The forward-facing seat should also be placed in the car's back seat, and should be used until the child is about four years old and weighs 40 pounds
- Booster seats should be used in the back seat until the car's seat belts fit properly. Booster seats are usually used until the child is eight years old and about 4'9" tall
- Seat belts or safety belts should be used after the child outgrows his booster seat. It's best for a child to sit in the back seat
Experts recommend that you follow these guidelines, even if your state's laws are less stringent.
More Guidelines
The laws in your state may include all, some, or a combination of these requirements, and they can change at any time. For example, Ohio added a new law requiring booster seats for children less than eight years old unless they're 4'9" tall. This is on top of the years-old requirements for child safety seats for children less than four years old or less than 40 pounds, and booster seats for children 8-14 years old.
The Insurance Institute for Highway Safety (IIHS) has a state-by-state list of child restraint laws. The IIHS also has a list of safety belt laws for children who have outgrown car seats and booster seats. Your state departments of motor vehicles and transportation are also good sources for finding up-to-date safety and seat belt laws.
Parents should also be careful to read the manufacturer's guidelines for their particular car seat or booster seat. For example, if your infant has outgrown his rear-facing car seat, but is still less than one year old, you should buy a new rear-facing seat that is big enough for him. Or, think about buying a convertible seat (one that can be used in both the rear-facing and forward-facing positions) and install it in the rear-facing position until he's at least one year old.
Regardless of weight and size, your baby still needs to have the physical development that comes with time before it's safe to ride in a forward-facing car seat.
Install It Properly
No safety or booster seat will keep your child safe if it isn't installed properly. Read and follow the seat's instructions very carefully. Most seat manufacturers offer assistance over the telephone or internet if you have any questions. Also, many police and fire departments will check for proper installation free of charge. Call and see if there's a program like this in your neighborhood.
Penalties for Breaking the Law
Child-restraint laws exist in all 50 states, as well as the District of Columbia. If you break the law in most states, it's a primary offense. This means the police can pull you over if they see the violation. In some states, certain violations are only a secondary offense, meaning the police can't stop you solely because you're disobeying a safety seat law. However, they can ticket you if they pull you over for another reason, like speeding, and see that a child in your car isn't in a proper car seat.
The maximum fines for the first offense range from as low as $10 in Michigan and Missouri to $500 in Nevada. Some states also assess driver's license points for violations or require mandatory child-restraint education for violators.
Questions for Your Attorney
- If my child is large for his age, am I still required to use a car seat or a booster chair?
- Can my child sit on my lap and share one seat belt with me?
- If I receive a ticket in another state, can I just ignore it if I plan on never visiting there again?