Monday, July 16, 2012

DEAR SGT. AL: WHAT ARE THE RULES FOR CHILD RESTRAINT LAWS IN MY STATE?

DEAR SERGEANT AL: I have another child on the way in four months and a baby shower in three weeks, so I’m starting to anticipate things I may need if I don’t get them at the baby’s shower, one of them is a car child restraint seat. Have the rules for restraining babies in a car changed and what kind of child seat should I get? –DEALING IN ANOTHER PREPARED EXECUTED RESTRAINED REACTION: ANOTHER SON COMING in the HOSPITAL.



DEAR DIAPER RASCH: Congratulations on the upcoming tot. I found this super excellent chart from the National Highway Traffic Safety Administration that gives you a state-by-state run down of child restraint laws throughout the United States, so you can check to see if the laws have changed since you had your last baby:


The interesting thing I found on this chart if you look above at the last column is there are actually states that allow children to ride in the cargo area of a pickup truck; not a safe thing to do in my opinion.


1.    Rear-facing seats should go in the rear seat whenever possible, and if there’s a front airbag, NEVER IN THE FRONT SEAT. Front forward seats can go in the front ONLY if the front seat has NO airbag.
2.   Make sure you follow the instructions carefully and make sure the belts fit TIGHTLY.
3.   Replace the current seat only when the child has outgrown the seat then you should go ahead and replace it.
4.   Other than blankets, blanket rolls, or a diaper you can insert to make the child more comfortable, never add cushion, supports, lifts, or any other kind of add-on or enhancement unless the attachment came with and/or was made for the seat.
5.    Make sure nothing interferes with the child’s breathing, airway, etc., and nothing is in the way of the child’s head that during an impact or evasive maneuver: 





NHTSA, People Saving People, www.nhtsa.dot.gov logo

Appendix C – State Child Restraint Laws1

StateRear Safety Belts Required2Child Safety Seat RequiredMay Use Child Safety Seat or Safety BeltMax Fine4PointsMajor Exemptions to Child Passenger Laws6Children Allowed in Cargo Area of Pickups?
AL<6 yrs<4 yrsAges 4-5 yrs$10To trucks or buses weighing>1 tonYes
AK<16 yrs<4 yrs$502NoneNo
AZ<16 yrs<5 yrsAge 5-15 yrs$10All vehicle belts in use
AR<15 yrsAge 6 yrs & >60 lbsAge 6 yrs or >60 lbs$100None
CA<16 yrs<6 yrs or <60 lbs$1001None
CO<16 yrs<4 yrs & <40 lbs & >4 yrs & <6 yrs & <55" tall17Ages 6-15 & >40 lbs & 55" tall$56Transported in motor vehicle as a result of a medical emergencyYes, if sitting & tailgate closed
CT<16 yrs<4 yrs and <60 lbs40 lbs & over$602NoneNo
DE<16 yrs3<6 yrs60 lbs & over$202No major exemptionsNo
DC<16 yrs<8 yrsAges 8 yrs-16 yrs$1503All vehicle belts in use7No
FL<16 yrs<4 yrsAge 4-5 yrs$603NoneNo
GA<16 yrs<5 yrsNot permissible$501May use belt if age 5 and overIf on non-interstate roadway
HI<18 yrs<3 yrsAge 4 yrs$100All vehicle belts in use7No13
ID>4 and <18 yrs<4 yrs or <40 lbs>4 or >40 lbs$60All vehicle belts in use7,8Yes
IL<16 yrs<8 yrsAges 4-15 yrs, all seating positions$50NoneYes
IN<12 yrs<4 yrsAges 4-16 yrs, all seating positions & vehicles$254Vehicle registered out of State<16 yrs not allowed
IA<11 yrs<6 yrs21Ages 6-10 yrs$25Motorcycles, school buses, emergency vehicles & medical reasons per physicianYes
KS<14 yrs<4 yrs$20All vehicle belts in useIf >13 yrs
KY<16 yrs40" & Under$50NoneYes
LA<13 yrs<6 yrs or 60 lbsAges 3-13 yrs$100Ambulances, school buses, church buses, commerical vehiclesIf >11 yrs
ME<12 yrs, <100 lbs<8 yrsAges 4-17 yrs, <12 & 100 lbs$60All vehicle belts in use9<16 yrs not allowed
MD<16 yrs<6 yrs>40 lbs$25All vehicle belts in use, vehicle registered out of State exemptNo
MA<13 yrs<5 yrs or <60 lbs>Age 5 yrs$25NoneIf >16 yrs
MI<16 yrs<4 yrs$15All vehicle belts in use7No12,13
MN<11 yrs<4 yrs$50Child being nursedNo12,14
MS<8 yrs<4 yrs$25See footnote20Yes
MO<16 yrs<4 yrsAges 4-15 may use safety belts$25No
MT<16 yrs<2 yrsAges 2-6 or <60 lbsUp to $100No more than 3 CSS required in a vehicle; physical or medical reasons per physicianNo13,14
NE<16 yrs<6 yrs$25Medical reasons per physician, emergency vehicles, taxi cabsNo
NV<16 yrs<6 yrs, <80 lbs, & <55"$500Public transportationNo
NH<18 yrs<6 yrs$25NoneNo
NJ<18 yrs<8 yrs or 80 lbs$25All vehicle belts in use7No
NM<16 yrs<1-4 yrs18Ages 5-12 yrs$25All vehicle belts in use19No, if <18
NY<16 yrs<4 yrs$1003NoneYes15
NC<16 yrs<5 yrs, <40 lbsAges 5-15 yrsChild's personal needs being attended toIf >11 yrs12,14,16
ND<18 yrs<4 yrsAges 4-17 yrs1All vehicle belts in use by family members, or transported in an emergency situationYes
OH<4 yrs or <60 lbs<4 yrs or <60 lbs$100Vehicle registered out of StateIf traveling <25 mph12
OK<13<6 yrs>6 but <13$25All vehicle belts in useYes
OR<16 yrs20<4 yrs or <40 lbsAge 6 yrs & >60 lbs$94None unless all belted positions takenYes
PA<16 yrs<4 yrs$25NoneYes
RI<17 yrs<7 yrs & 54" & 80 lbs in Federally Approved Child Restraint System in back seatAge 7 yrs or older$75All vehicle belts in useNo, up to age 16
SC<17 yrs<5 yrs or <80 lbs>1 but <6 years$25If all vehicle belts in useYes
SD<18 yrs<5 yrs & <40 lbsAges 5-17, & > 40 lbs$20NoneYes
TN<18 yrs<4 yrs25$505All vehicle belts in use8,10If >5 yrs or moving <20 mph
TX<17 yrs<4 yrs or <36"Ages 4-16 yrs$200All vehicle belts in use<17 yrs not allowed
UT<19 yrs<5 yrsAges 5-18 yrs$45All vehicle belts in use, physical or medical reasons per physicianNo
VT<16 yrs<8 yrs$25All vehicle belts in use11Yes
VA<16 yrs<5 yrsAges 6-15$503No major exemptionsYes
WA<16 yrs<6 yrs or <60 lbsAges 6-16 yrs23$101No major exemptions24Yes
WV<16 yrs<3 yrsAges 3-8 yrs$20All vehicle belts in useNo
WI<8 yrs<4 yrsAges 4-8 yrs$75Attending to child's personal needsNo14
WY<12 yrs<8 yrs & <80 lbs properly secured in CRS in back seat22Ages 5-11 yrs$50Physician provides medical exemptions, rendering aid and or assistance to child by parent/guardianYes
PRAll persons, all ages, unless in a safety seat must wear a safety belt<5 yrs<12 must ride in back seat$100NoneNo


1This chart applies to children younger than age 19. As of the printing of this document, 24 States & DC have enacted legislation to address booster seat age children. Legislation varies from State to State.
2Front seat restraints are required for all children younger than 16.
3Children < 12 years old and < 66 inches may not occupy front seat if equipped with passenger-side air bag.
4Maximum fine for first offense of child safety seat laws. Fines may be different for older children.
5Or 30 days in jail.
6Major exemptions are considered to be exemptions in private passenger vehicles (cars, vans, or pickups). Many States have exemptions for buses, taxis, or other public transportation, children with medical conditions, and emergency situations.
7Unrestrained children must be in the rear.
8Law does not apply if the child’s personal or physiological needs are being met.
9Only for children > 1 year old.
10Only for ages 4 through 11.
11Only for children older than age 4.
12Unless properly restrained in a safety belt or child safety seat.
13Unless number of children exceeds number of safety belts available.
14Unless used in farm work or farm activity.
15Unless there are more than five children younger than age 18 not accompanied by a person older than 18.
16Unless supervised by an adult.
17Effective 8/1/03, secondary enforcement and 1-year warning period.
18< 1yr rear-facing CSS; age 1-4 child passenger restraint device or < 40 lbs.
19Or riding in an emergency vehicle, public transportation, or school bus.
20If there are more passengers than available safety belts, the driver/passengers are not in violation; public carriers for hire are exempted.
21Enacted July 2004 with condition of an 18-month education phase-in period.
22Unless the vehicle has only one row of seats, then the child can be placed in the front, as of 7/1/03.
23May use safety belt only if properly adjusted and fastened.
24The CPS law does not apply if the child is booster seat age/size and the vehicle has lap-only safety belts.
25Beginning 7/1/04, child < 1 or < 20 pounds in rear-facing safety seat.


Types of car seats at a glance:

Age Group
Type of Seat
General Guidelines 
Rear-facing only seats and rear-facing convertible seats
All infants and toddlers should ride in a Rear-Facing Car Seat until they are 2 years of age or until they reach the highest weight or height allowed by their car safety seat's manufacturer.
Toddler/preschoolers
Convertible seats and forward-facing seats with harness
All children 2 years or older, or those younger than 2 years who have outgrown the rear-facing weight or height limit for their car seat, should use a Forward-Facing Car Seat with a harness for as long as possible, up to the highest weight or height allowed their car seat’s manufacturer.


Booster seats
All children whose weight or height is above the forward-facing limit for their car seat should use aBelt-Positioning Booster Seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are between 8 and 12 years of age.
Seat belts
When children are old enough and large enough to use the vehicle seat belt alone, they should always use Lap and Shoulder Seat Belts for optimal protection. All children younger than 13 years should be restrained in the rear seats of vehicles for optimal protection.

Infants and toddlers—rear-facing

The AAP recommends that all infants should ride rear-facing starting with their first ridehome from the hospital. All infants and toddlers should ride in a Rear-Facing Car Seatuntil they are 2 years of age or until they reach the highest weight or height allowed by their car seat’s manufacturer.

Types of rear-facing car seats

There are 3 types of rear-facing car seats: rear-facing only seats, convertible seats, and 3-in-1 seats.
When children reach the highest weight or length allowed by the manufacturer of their rear-facing only seat, they should continue to ride rear-facing in a convertible seat or 3-in-1 seat.

Figure 2: Rear-facing car seat.
  1. Rear-facing only
    • Are used for infants up to 22 to 35 pounds, depending on the model.
    • Are small and have carrying handles (and sometimes come as part of a stroller system).
    • May come with a base that can be left in the car. The seat clicks into and out of the base so you don’t have to install the seat each time you use it. Parents can buy more than one base for additional vehicles.
    • Are used only for travel (not for positioning outside the vehicle).
  2. Convertible seats (used rear-facing)
    • Can be used rear-facing, then “converted” to forward-facing for older children. This means the seat can be used longer by your child. They are bulkier than infant seats, however, and do not come with carrying handles or separate bases.
    • May have higher rear-facing weight (up to 40–45 pounds) and height limits than rear-facing only seats, which make them ideal for bigger babies.
    • Usually have a 5-point harness that attaches at the shoulders, at the hips, and between the legs. Older convertible seats may have an overhead shield—a padded tray-like shield that swings down over the child.
  3. 3-in-1 seats (used rear-facing)
    • Can be used rear-facing, forward-facing, or as a belt-positioning booster. This means the seat may be used longer by your child.
    • Are often bigger in size, so it is important to check that they fit in the vehicle while rear-facing. 
    • Do not have the convenience of a carrying handle or a separate base; however, they may have higher rear-facing weight (up to 40–45 pounds) and height limits than rear-facing only seats, which make them ideal for bigger babies.

Installation tips for rear-facing seats

When using a rear-facing seat, keep the following in mind:
  • Place the harnesses in your rear-facing seat in slots that are at or below your baby’s shoulders.
  • Ensure that the harness is snug and that the harness clip is placed at the mid-chest level.
  • Make sure the car seat is installed tightly in the vehicle. If you can move the seat at the belt path more than an inch side to side or front to back, it’s not tight enough.
  • Never place a rear-facing car seat in the front seat of a vehicle that has an active front passenger air bag. If the air bag inflates, it will hit the back of the car seat, right where your baby’s head is, and could cause serious injury or death.
  • If you are using a convertible or 3-in-1 seat in the rear-facing position, make sure the seat belt or LATCH belt is routed through the correct belt path. Check the instructions that came with the car seat to be sure.
  • Make sure the seat is at the correct angle so your infant’s head does not flop forward. Many seats have angle indicators or adjusters that can help prevent this. If your seat does not have an angle adjuster, tilt the car seat back by putting a rolled towel or other firm padding (such as a pool noodle) under the base near the point where the back and bottom of the vehicle seat meet.
  • Still having trouble? There may be a certified CPS technician in your area who can help. If you need installation help, see the end of this publication for information on how to locate a CPS technician.


DIAPER RASCH, there you have it. I hope you and baby have many safe journeys to see him grow up to be your special policeman. Don’t forget to send me pictures of junior after he makes his world debut. Safe birthing and driving, and good luck! 



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The definition of a “Concours” car and event
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What is the new national terror alert warning?
Taking photographs at off-limits tourist landmarks .


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Sgt. Al here. I welcome your comments, ideas, and suggestions. You have questions about the police, and I'm interested in hearing what you have to say as a citizen. Thanks!

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