tim's journal

California car seat law

I couldn't find anything on rear-facing versus forward-facing, though the American Pediatrics Association recommends not forward-facing until 1 year old. #2 actually fits the weight and height restrictions already. Also interesting, there doesn't appear to be any mention of 5-point harnesses...

California

CALIFORNIA CODES  VEHICLE CODE  SECTION 27360-27368

27360. (a) No parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, shall permit his or her child or ward to be transported upon a highway in the motor vehicle without providing and properly securing the child or ward, in a child passenger restraint system meeting applicable federal motor vehicle safety standards unless the child or ward is at least one of the following:
    (1) Six years of age or older.
    (2) Weighs 60 pounds or more.
  (b) No driver shall transport on a highway any child in a motor vehicle, as defined in Section 27315, without providing and properly securing the child in a child passenger restraint system meeting applicable federal motor vehicle safety standards unless the child is at least one of the following:
    (1) Six years of age or older.
    (2) Weighs 60 pounds or more.
This subdivision does not apply to a driver if the parent or legal guardian of the child is also present in the vehicle and is not the driver.
  (c) (1) A first offense under this section is punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead, refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.
The court may, at its discretion, require any defendant described under this section to attend an education program that includes demonstration of proper installation and use of child passenger restraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.
    (2) A second or subsequent offense under this section is punishable by a fine of two hundred fifty dollars ($250), no part of which may be waived by the court, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.
The court may, at its discretion, require any defendant described under this section to attend an education program that includes demonstration of proper installation and use of child passenger restraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.
(d) Notwithstanding any other provision of law, the fines collected for a violation of this section shall be allocated as follows:
    (1) Sixty percent to health departments of local jurisdictions, as defined in Section 16700 of the Welfare and Institutions Code, where the violation occurred, to be used for a community education program that includes, but is not limited to, demonstration of the installation of a child passenger restraint system for children of all ages and also assists economically disadvantaged families in obtaining those restraint systems through low-cost purchases or loans. The county or city health department shall designate a coordinator to facilitate the creation of a special account and to develop a relationship with the municipal court system to facilitate the transfer of funds to the program. The county or city may contract for the implementation of the program. Prior to obtaining possession of a child passenger restraint system pursuant to this section, a person shall attend an education program that includes demonstration of proper installation and use of child passenger restraint systems.
As the proceeds from fines become available, county or city health departments shall prepare and maintain a listing of all child passenger restraint low-cost purchase or loaner programs in their counties, including a semiannual verification that all programs listed are in existence. Each county or city shall forward the listing to the Office of Traffic Safety in the Business, Transportation and Housing Agency and the courts, birthing centers, community child health and disability prevention programs, county clinics, prenatal clinics, women, infants, and children programs, and county hospitals in that county, who shall make the listing available to the public. The Office of Traffic Safety shall maintain a listing of all of the programs in the state.
     (2) Twenty-five percent to the county or city for the administration of the program.
    (3) Fifteen percent to the city, to be deposited in its general fund except that, if the violation occurred in an unincorporated area, this amount shall be allocated to the county for purposes of
paragraph (1).
(e) This section shall become operative on January 1, 2002.

27360.5. (a) No parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may permit his or her child or ward who is six years of age, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more to be transported upon a highway in the motor vehicle without providing and properly securing the child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.
 (b) No driver may transport on a highway any child who is six years of age, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more in a motor vehicle, as defined in Section 27315, without providing and properly securing the child in a child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards. This subdivision does not apply to a driver if the parent or legal guardian of the child is also present in the vehicle and is not the driver.
 (c) (1) A first offense under this section is punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead, refers the defendant to a child restraint education program that includes, but is not limited to, demonstration of the proper installation and use of child passenger restraint systems for children of all ages, and provides economically disadvantaged families with a child passenger restraint low-cost purchase or loaner program. Upon completion of the program, the defendant shall provide proof of participation in the program that includes an inspection of a child passenger restraint system that meets applicable federal safety standards. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.
The court may, at its discretion, require any defendant described under this section to attend an education program that includes demonstration of proper installation and use of child passenger restraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.
    (2) A second or subsequent offense under this section is punishable by a fine of two hundred fifty dollars ($250), no part of which may be waived by the court, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.
The court may at its discretion, require any defendant described under this section to attend an education program that includes demonstration of proper installation and use of child passenger restraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.
  (d) Notwithstanding any other provision of law, the fines collected for a violation of this section shall be allocated as follows:
    (1) Sixty percent to county or city health departments where the violation occurred, to be used for an education program that includes, but is not limited to, the demonstration of proper installation and use of child passenger restraint systems for children of all ages and provides child restraints for loan or low-cost purchase.
    (2) Twenty-five percent to the county or city for the administration of the program.
    (3) Fifteen percent to the city, to be deposited in its general fund except that, if the violation occurred in an unincorporated area, this amount shall be allocated to the county for purposes of paragraph (1).
  (e) This section shall become operative on January 1, 2002.

27361. Any law enforcement officer reasonably suspecting a violation of Section 27360 or 27360.5, or both of those sections, may stop any vehicle transporting a child appearing to the officer to be within the age or weight specified in Section 27360 or 27360.5. The officer may issue a notice to appear for a violation of Section 27360.

27362. (a) No manufacturer, wholesaler, or retailer shall sell, offer for sale, or install in any motor vehicle any child passenger restraint system not conforming to all applicable federal motor vehicle safety standards on the date of sale or installation. Responsibility for compliance with this section shall rest with the individual selling, offering for sale, or installing the system. Every person who violates this section is guilty of a misdemeanor and shall be punished as follows:
    (1) Upon a first conviction, by a fine not exceeding four hundred dollars ($400) or by imprisonment in the county jail for a period of not more than 90 days, or both.
    (2) Upon a second or subsequent conviction, by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not more than 180 days, or both.
  (b) The fines collected for a violation of this section shall be allocated as follows:
    (1) Sixty percent to county health departments where the violation occurred, to be used for a child passenger restraint low-cost purchase or loaner program which shall include, but not be limited to, education on the proper installation and use of a child passenger restraint system. The county health department shall designate a coordinator to facilitate the creation of a special account and to develop a relationship with the superior court to facilitate the transfer of funds to the program. The county may contract for the implementation of the program. Prior to obtaining possession of a child passenger restraint system pursuant to this section, a person shall receive information relating to the importance of utilizing that system.
As the proceeds from fines become available, county health departments shall prepare and maintain a listing of all child passenger restraint low-cost purchase or loaner programs in their counties, including a semiannual verification that all programs listed are in existence. Each county shall forward the listing to the Office of Traffic Safety in the Business, Transportation and Housing Agency and the courts, birthing centers, community child health and disability prevention programs, and county hospitals in that county, who shall make the listing available to the public. The Office of Traffic Safety shall maintain a listing of all of the programs in the state.
     (2) Twenty-five percent to the county for the administration of the program.
    (3) Fifteen percent to the city, to be deposited in its general fund except that, if the violation occurred in an unincorporated area, this amount shall be allocated to the county for purposes of
paragraph (1).

27362.1. (a) No individual may sell or offer for sale a child passenger restraint system that was in use by a child during an accident involving a motor vehicle.
(b) A violation of this section shall be punished by a fine of one hundred dollars ($100).

27363. (a) The court may exempt from the requirements of this article any class of child by age, weight, or size if it is determined that the use of a child passenger restraint system would be impractical by reason of physical unfitness, medical condition, or size. The court may require satisfactory proof of the child's physical unfitness, medical condition, or size and that an appropriate special needs child passenger restraint system is not available.
  (b) In case of a life-threatening emergency, or when a child is being transported in an authorized emergency vehicle, if there is no child passenger restraint system available, a child may be transported without the use of that system, but the child shall be secured by a seatbelt.
  (c) A child weighing more than 40 pounds may be transported in the backseat of a vehicle while wearing only a lap safety belt when the backseat of the vehicle is not equipped with a combination lap and shoulder safety belt.
  (d) This section shall become operative on January 1, 2002.

27363.5. (a) Every public or private hospital, clinic, or birthing center, shall, at the time of the discharge of a child provide and discuss information on the current law requiring child passenger restraint systems to the parents or the person to whom the child is released when at least one of the following conditions is met:
    (1) The child is less than six years of age.
    (2) The child weighs less than 60 pounds.
  (b) A public or private hospital, clinic, or birthing center shall not be responsible for the failure of the parent or person to whom the child is released to use a child passenger restraint system.
  (c) This section shall become operative on January 1, 2002.

27364. (a) It is the intent of the Legislature, in enacting this article, to insure that children, who are, because of their tender years, helpless dependent passengers, are provided with the safest transportation possible.
  (b) It is the further intent of the Legislature to stress and communicate to all drivers in this state the importance of using child passenger restraint systems.
  (c) Nothing in this article shall be construed to extend application of these provisions to a class of children other than the class of children herein specified.

27365. (a) (1) Every car rental agency in California shall inform each of its customers of Section 27360 by posting, in a place conspicuous to the public in each established place of business of the agency, a notice not smaller than 15 inches by 20 inches which states the following: "CALIFORNIA LAW REQUIRES ALL CHILDREN WHO ARE 5 YEARS OF AGE OR LESS AND WEIGH LESS THAN 60 POUNDS TO BE TRANSPORTED IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM YOURSELF."
    (2) The posted notice specified in paragraph (1) is not required if the car rental agency's place of business is located in a hotel which has a business policy prohibiting the posting of signs or notices in any area of the hotel. In that case, a car rental agency shall furnish a written notice to each customer which contains the same information as required for the posted notice.
  (b) Every car rental agency in California shall have available for, and shall, upon request, provide for rental to, adults traveling with children under six years of age, child passenger seat restraint systems that meet applicable federal motor vehicle safety standards on the date of the rental transaction, are in good and safe condition, with no missing original parts, and are not older than five years.
  (c) A violation of this section is an infraction punishable by a fine of one hundred dollars ($100).
  (d) This section shall become operative on January 1, 2002.

27366. (a) The department shall do the following:
    (1) Prepare and disseminate materials for the purpose of educating the public about the importance of using passenger restraints for infants and children under 15 years of age. These materials shall include, but are not limited to, audiovisual aids and written materials that explain the effects of motor vehicle accidents on infants and children and the reduction in risk of injury or death as a result of the utilization of passenger restraints for infants and children.
    (2) As funding is available, produce and administer a billboard campaign stressing the importance of utilizing child passenger restraint systems and instructing the public on where to obtain those systems.
(b) The department, the Office of Traffic Safety, and the State Department of Health Services shall meet annually to coordinate, share information about, and outline the programs that each organization is pursuing in the area of child passenger restraint systems.

27368. This article applies to child passengers in a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more.

Common Child Safety Seat Errors
    Four out of five child safety seats are used incorrectly (National SAFE KIDS).
    Rear facing infant in front seat with a passenger side air bag.
    Infant under age one facing forward.
    Harness system missing, not buckled, too loose or positioned under arms.
    Safety belt not buckled, too loose or in wrong belt path.
    Safety seat moves more than an inch forward or laterally.
    Locking clip needed, but not used.
    Child moved to booster seat too soon.
   
Airbags
    Airbags have been accredited with saving more than 1,700 lives since the 1980s. They are also responsible for the deaths of 32 children. Thirty of the 32 children killed were either not properly restrained in a child safety seat or other improper restraint  (NHTSA).
    Children of any age should ride in the back seat if at all possible. Infants in rear- facing seats in vehicles with passenger side air bags must be put in the back seat, without exception.
    Airbag on/off switches have been approved for vehicle installation under special circumstances. For more information, contact NHTSA Region IX at (415)744-3089.

6/03

Posted by torque at June 11, 2004 3:08 PM | TrackBack