When you are traveling with little ones in your car, it is important that you abide by car seat laws to keep them safe. Just like adults can reduce the risk of serious injury in a car accident by using their seat belts, children are also protected when they ride in appropriate car seats.
California Law on Transporting Children in a Motor Vehicle
Children under 2 years of age must be transported in a rear-facing child restraint system (car seat) that meets the federal motor vehicle safety standards, unless the child weighs 40 or more pounds, or is 40 or more inches tall. Children under 8 years old must be transported in the rear seat of a car, in a car seat that meets the federal motor vehicle safety standards (California Vehicle Code § 27360).
California Vehicle Code § 27363 provides that children may be exempt from the legal requirements by age, weight, or size if it is determined by proof of evidence that the use of a car seat would be impractical because of the child’s physical unfitness, medical condition, or size.
If the backseat of a car is not equipped with a combination lap and shoulder safety belt, a child weighing more than 40 pounds may be transported in the backseat of the car while wearing only a lap safety belt.
A child under 8 years of age who is 4 feet, 9 inches in height, or taller may ride in a car restrained by a seatbelt rather than in a car seat.
There are a few exceptions under which a child under the age of 8 years may ride in the front seat of a car if they are properly secured in a car seat that meets the federal motor vehicle safety standards. These exceptions are:
- When there is no rear seat in the car
- The rear seats are side-facing jump seats
- The rear seats are rear-facing seats
- The car seat cannot be properly installed in the rear seat
- All rear seats are already occupied by children 7 years old or younger
- There is a verifiable medical reason why the child cannot ride in the rear seat
Notwithstanding these exceptions, children in a rear-facing child seat are not allowed to ride in the front seat of a car with an active passenger airbag.
Violation of the child restraint system law can result in prosecution under California Penal Code § 273a(a) PC for child endangerment. A conviction for child endangerment is a misdemeanor punishable by up to one year in county jail or a fine of up to $1,000.
Mandatory Seatbelt Law
Under California Vehicle Code § 27315, all persons 16 years of age or over must be properly restrained by a safety belt when riding in a motor vehicle. Violation of this law is an infraction punishable by a fine. Violators may also be required to attend a program to learn the proper use of seatbelts.
Consequences of Violating California Car Seat Laws
Apart from the penalties under the law for violating child car seat and mandatory seatbelt laws, violation of the law may be the basis for a negligence claim when another person is injured. A person may be held financially liable for the damages suffered by the victim of their negligence. This includes damages such as medical expenses, property damage, lost wages, and pain and suffering.
If you or a loved one violated a California car seat law and were in an accident, the experienced injury lawyers in San Diego at CaseyGerry can help you. Our trusted personal injury attorneys provide free consultations. Call us today at 619-679-9972 to find out how we can help you.
