Tourists and Car Seats

[LISmama810]

I'm constantly seeing people tell others (specifically foreigners) that it's legal for them to use seats from their countries while they're visiting the US.

I want to discuss whether this is true, because I don't believe it is.

Let's take out of the discussion whether or not anyone actually WILL get a ticket for it, just if they technically COULD.

There probably are some states whose laws don't require a "federally approved" restraint (or similar wording), although all the ones I've come across do. I suppose in a state without that requirement, a foreign seat (for anyone, not just a visitor) would be legal.

I have never encountered a clause exempting visitors from child restraint laws. Are there any states that have one? If so, does it cover foreigners only, or anyone not from that state? (For example, would a stricter law not apply to someone driving through from another state?)

If we're going to tell people it's ok to use foreign seats on vacation here, where do we draw the line? If their foreign seat allows FF before 1, is that ok, since they're just visiting?

What about the four kids I saw riding in the bed of a pickup truck with Mexico plates the other day? Was that ok since they're (possibly) just visiting? (Rhetorical question there, though unfortunately it did really happen. Just using it to demonstrate the slippery slope.)

So, unless there are instances where it's true that foreigners can use their seats, can we please stop telling people that it's legal? I don't have a problem with foreigners using their seats or with telling them they likely won't be penalized. I certainly don't expect people to buy US seats just for vacation. But I have a big problem giving out erroneous information.

Conversely, if it IS legal (somewhere or everywhere), I'd like to know that, too.

 

[Brigala]

I've wondered that too.

And, on a related note, would it be legal to use a foreign seat for a child who was exempt from the local child restraint laws? For example, a Swedish seat for a 4 year old in Florida who is no longer required to ride in a federally approved car seat or booster?

 

[LISmama810]

And, on a related note, would it be legal to use a foreign seat for a child who was exempt from the local child restraint laws? For example, a Swedish seat for a 4 year old in Florida who is no longer required to ride in a federally approved car seat or booster?

I have wondered that, too. It would probably depend on how the seatbelt law is written in that state. (In other words, once they're not covered by the child restraint law anymore, what are they covered by, and what does that specify?

 

[ahgirls]

I always thought you had to follow the laws of the state you are in.

Example : NO I WOULD NEVER DO THIS TO MY KIDS
I live in ID were our booster law ends at age 6. So if my 6 yr old who is boosterless, goes to UT. She would need a booster even if we were just visiting. Is this not true?

Isn't it kinda of like the motorcycle helmet law? Were you follow the law of the state your in?

 

[LISmama810]

I always thought you had to follow the laws of the state you are in.

Example : NO I WOULD NEVER DO THIS TO MY KIDS
I live in ID were our booster law ends at age 6. So if my 6 yr old who is boosterless, goes to UT. She would need a booster even if we were just visiting. Is this not true?

Isn't it kinda of like the motorcycle helmet law? Were you follow the law of the state your in?

Correct. So I don't understand why we say it's not that way for federally approved car seats.

 

[Brigala]

Example : NO I WOULD NEVER DO THIS TO MY KIDS
I live in ID were our booster law ends at age 6. So if my 6 yr old who is boosterless, goes to UT. She would need a booster even if we were just visiting. Is this not true?

In most cases, I'm pretty sure you're right.

I am pretty sure I have seen laws written where there are medical exemptions and you need to have an exemption from someone licensed to practice medicine in the state where the vehicle is registered. I wonder whether any states have laws like that for other purposes besides medical exemptions - which defer to the laws in the state where the vehicle is registered. It's at least theoretically possible.

I have a friend who has a child between 30 and 40 lbs who, I am fairly certain, would be legal to ride in a booster in the state where they live (Washington - someone correct me if I'm wrong) but she crosses the river into Oregon with him several times a week. Just using her as an example (she doesn't want to booster him anyway), I am fairly certain that even though she lives in WA she could easily get ticketed in OR for having her son in a booster since we have a 40 lb minimum for booster use.

I would expect the same would apply to a foreign seat used by a tourist. I would be surprised to find a cop who would actually choose to write a ticket for that kind of circumstance, but you never know.

 

[ketchupqueen]

I just wrote a post on this the other day, I think I'll link it. (Post involved moving but still.)

http://www.car-seat.org/showpost.php?p=2248527&postcount=4

Boiled down:
-not legal but
-if you are meeting expected legal norms (child in seat until x age) unlikely to be a problem.

Kind of like how my dad got pulled over because he didn't know that when a certain light was flashing school zone rules applied when visiting us in Texas once. When he explained that he was from out of state and didn't know, and the sign wasn't visible (cop sent partner to check, it was obscured by trees), they let him go with a warning instead. I bet IF a (US-not speaking to other countries) officer knew enough to know the difference, most would understand, accept the explanation ”my kid used the seat on the plane, we know he needs a seat, we're just visiting” etc. rather than issue a ticket-but most would not know.

 

[Qarin]

I dislike having no references to back me up, because basing a statement on vague recollections annoys me, but here I go anyway: I'm basically certain I have read at least one state child passenger safety law which applied only to residents of that state.

It may be that this was an old law and that exemption has been removed from whatever state I saw that in, years ago.

But also, not all states are specific about the kind of approval acceptable car seats have, are they?

 

[ketchupqueen]

Most say ” federally approved” or similar but I won't say all. There may still be some.

As new laws are written many exemptions are removed, it seems to me.

 

[Kat_Momof3]

I think what it comes down to is (yes, they're already spending a lot just on travel expenses and a new seat is not as pricey compared to all that) should we really expect someone coming to the USA just for a vacation or a couple months to shell out money for a new seat (unless, while here, their child has a growth spurt and outgrows the seat... hey, it could happen)?

I mean, if I were going to, FOR EXAMPLE, take my kids to Germany for 6wks, I wouldn't buy them new seats/boosters (unless it was to be a seat I wanted for regular use to use when we came back... ooh, I could have fun with that if the kids were younger)

Just as if Mom A, Dad B, and her kids C - 7yrs 55lbs, D - 4yrs, 40lbs, E-1yr 22lbs were traveling to say Sweden... I wouldn't expect them to move C out of his (bear with me as I use EXAMPLES) Recaro Probooster into a booster bought in sweden, for D to move from her Britax Frontier into a Britax Multitech (or some other swedish seat), and E to move from his Graco Snugride (one with a high weight limit that he still has plenty of room in, bear with me, I'm working enough brain cells to pick seats without worrying about an exact infant seat name here) into a swedish seat, either.

Heck, let's say my niece were taking her (after the noob is born) 4 kids up to Canada for a week (she's in PA, so it's possible if she had the funds)... would she need all new canadian-regulated seats for that? I doubt it.

Now obviously some things SHOULD be common sense... not piling people in the back of a pickup, using our seatbelts, using a booster until we fit the seatbelt, not using a booster till we fit it properly and are an appropriate age, and use a carseat from birth till a booster, and those I would agree should be enforced no matter if they're here for an hour, week, month, etc. But if they aren't going to be residents, then they aren't bound to use this country's seats.

Or at least that's how I look on it and how I assume most police would, too.

 

[Pixelated]

Heck, let's say my niece were taking her (after the noob is born) 4 kids up to Canada for a week (she's in PA, so it's possible if she had the funds)... would she need all new canadian-regulated seats for that? I doubt it.

I'm pretty sure that we in Canada give a 30 day exemption to visitors to Canada. I don't know if that means they still need to be restrained in a manner similar to whatever the law is in whichever province they're in even if they're not in a federally approved seat -- surely it doesn't mean they don't have to be restrained at all, because that would be lunacy.

Hmm, here's a reference, that applies only to boosters and only in Ontario, but that end date is interesting! It appears that since more and more provinces and states are getting booster laws, the booster exemption ends in 2014.:

The driver of a motor vehicle that is registered in another jurisdiction and is in Ontario for 30 days or less is exempt from using booster seats until May 31, 2014.

And for British Columbia with regards to all restraints:

does not apply to the driver of a motor vehicle licensed in a jurisdiction outside Canada if the driver or operator is using an infant or child restraint system, booster seat or seat belt assembly in compliance with the laws of that jurisdiction,

 

[LISmama810]

As I said in my OP, I don't in any way expect that visitors will buy new seats just for vacation, nor do I want to suggest to them that they're likely to be penalized, because they aren't. I have zero problem with people using foreign seats on vacation. My problem comes with telling people that it's legal when it probably isn't.

If someone asks if foreign seats are legal, I would much rather see, "Technically no, but don't sweat it" than "Yes, they are."

 

[LuBaby16]

This never even occurred to me. We will be moving in August from Anchorage, AK and driving through Canada and then will end in Arkansas. My son will be just over 1 and in an Evenflo Symphony e3, RF. Do you think I will come across any problems during this trip?

 

[SynEpona]

This never even occurred to me. We will be moving in August from Anchorage, AK and driving through Canada and then will end in Arkansas. My son will be just over 1 and in an Evenflo Symphony e3, RF. Do you think I will come across any problems during this trip?

Like Jen posted above, unless your vehicle is licensed in Canada at some point during the trip, you'll be fine to use a seat that is approved in the jurisdiction in which your vehicle is registered/licensed. Are you driving only through BC, or through any other provinces as well? (I am only ever a driver in BC or Ontario, so I've never looked into any applicable laws for other provinces).

 

[ketchupqueen]

As I said in my OP, I don't in any way expect that visitors will buy new seats just for vacation, nor do I want to suggest to them that they're likely to be penalized, because they aren't. I have zero problem with people using foreign seats on vacation. My problem comes with telling people that it's legal when it probably isn't.

If someone asks if foreign seats are legal, I would much rather see, "Technically no, but don't sweat it" than "Yes, they are."

Ditto. Which is the answer I give.

 

[LuBaby16]

Like Jen posted above, unless your vehicle is licensed in Canada at some point during the trip, you'll be fine to use a seat that is approved in the jurisdiction in which your vehicle is registered/licensed. Are you driving only through BC, or through any other provinces as well? (I am only ever a driver in BC or Ontario, so I've never looked into any applicable laws for other provinces).

We will be driving through the Yukon, Alberta and Saskatchewan if I'm not mistaken. After Saskatchewan we will cross over into North Dakota. We have Alaskan plates on the car as well.

 

[Kobain's Mommy]

My friend spent a month in Manitoba last year with her kids. They didn't have any issues with their ND plates and US car seats.

 

[rxmommy]

So what if your car has Canadian plates? We will be flying to Calgary in August & renting a van. We will be in Banff for 6 days. I can't imagine buying Canadian seats for the trip....

 

[Pixelated]

So what if your car has Canadian plates? We will be flying to Calgary in August & renting a van. We will be in Banff for 6 days. I can't imagine buying Canadian seats for the trip....

This is one of those instances (I think - I have not looked at Alberta's law) where likely no one would notice, or check. What they might notice is if any forward facing seat wasn't top tethered, which is law in all of Canada. That being said, there are check stops in Calgary and Edmonton where the people doing the checking would notice if it was an American seat. I don't know what to tell you exactly. If it were me, I'd gamble on not getting caught for a week long trip.

 

[momtotwogirls]

Im pretty sure if your a visitor you can still go by your state(or country) laws. Now if you moved from say AZ where the car seat law is 5 yrs old to UT where it is 8 then yes your child would need to go back into an appropriate seat.