Seat Belt Laws in California Regarding Children
- California child restraint laws are for the protection of children.viaje seguro 2 image by Lina Antony from Fotolia.com
According to Childseat.org, traffic accidents are the number one cause of death and permanent injury to children. Furthermore, 80 percent of child fatalities could have been prevented with the proper use of a safety seat. These statistics reiterate the need for California drivers to secure children in safety restraints. California provides for the safety of child passengers by instituting safety restraint laws. These laws regulate the use of child restraints and provide penalties for failure to adhere. - Generally, California law prohibits transporting a child without properly securing him in a child restraint in the back seat of the vehicle. There are some exceptions to this prohibition. Children age 6 and over or weighing 60 pounds or more do not have to ride in a child safety restraint. Furthermore, a driver may transport a child weighing more than 40 pounds in the back seat using only lap seat. California law prohibits drivers from transporting children ages 6 to 15, or weighing 60 pounds or more, not secured in a child safety system or seat belt.
- There are certain instances when a child under the age of 6 or weighing less than 60 pounds may ride in a child passenger restraint secured in the front seat of the car. A child may ride in the front seat if the car does not have a rear seat; the rear seats are side facing jump seats; the rear seats are rear facing; the driver cannot properly secure the child restraint system in the back seat; all rear seats are occupied by children under the age of 12; or where medical reasons prevent the child from riding in the back seat. California law prohibits children under the age of 1, weighing less than 20 pounds, or secured in a rear-facing child restraint may not ride in the front seat of a vehicle with a passenger airbag system.
- In certain situations, children can receive exemption from California child restraint requirements. A court can exempt a child from requirements if it determines the use of a restraint is impractical due to the child's physical fitness, medical condition, or size. Additionally, in the case of a life-threatening emergency or where a child is transported in an emergency vehicle, the child can ride in a seat belt rather than a child safety restraint.
- Drivers who violate California's child restraint laws are subject to monetary fines. A first offense can result in a fine of $100, and a second can result in a fine of $250. The court may reduce or waive fines if the defendant shows he is economically disadvantaged. Instead, the court will refer the defendant to a community education program that provides instruction on the proper installation and use of child restraints. The defendant must subsequently provide certification to the court that he has attended and completed the program. The court will waive this requirement if no such program exists within 50 miles of the defendant's residence.