Question Double checking the law, please advise

A good friend is the director of a private preschool where my DS attends. He and one other child are the only kids in the class still in harnessed seats- the children range in age from almost 4 to 5. Here is a copy the NM child restraint law:

younger than 1 year in a rear-facing infant seat; 1 through 4 years or less than 40 pounds in a child safety seat; 5 through 6 or less than 60 pounds in a booster seat

The director is interpreting this to mean that if a child less than 5 years of age is more than 40lbs, they do not have to be harnessed. I am reading it as ALL children who have not yet had their 5th birthday must be harnessed regardless of weight, and ALL children under 40lbs must be harnessed, regardless of age.

Who's right?

Parents drive on all field trips and I'm telling her that the drivers who are transporting 3 and 4yo kids in boosters are in violation of NM state law. Am I talking smack? lol

Here is something I found online:
http://www.safernm.org/Law_Enforcement/Main/New_Mexico_Laws.html

New Mexico Child Restraint Act: 66-7-369
Effective June 17, 2005

All persons under 18 years of age must be properly secured in a child restraint device (car seat) or by a seat belt, unless all seating positions with seat belts are occupied as follows:

• Children under one year of age must be properly secured in a rear-facing car seat that meets federal standards in the back seat of the vehicle. If the vehicle does not have a back seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated if possible.
• Children under five years of age, regardless of weight, and children under 40 pounds, regardless of age, shall be properly secured in a child safety seat (car seat or booster seat) that meets federal standards.
• Five and six year olds, regardless of weight, and children under 60 pounds, regardless of age, shall be properly secured in either a child booster seat or other appropriate car seat that meets federal standards.
• Children 12 years and under shall be properly secured in a car seat, booster seat, or seat belt. A child is properly secured in a seat belt if, when the child sits all the way back in the vehicle seat, the lap belt fits across his hips (not stomach), and the shoulder belt fits across the center of his chest and does not hit his neck, and his knees are bent over the edge of the vehicle seat. If the child does not fit properly in a seat belt, they should still be in a child safety seat (car seat or booster seat).
• The child restraint act applies to all passenger cars, vans, and pick-up trucks. It also includes daycare vans. Authorized emergency vehicles, public transportation, and school buses are exempt.
• The fine for violating the New Mexico Child Restraint Act is $25.00, two points on the offender's license, and additional fees (depending on jurisdiction).

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I think the use of child safety seat can be either a harness or a booster so the director might be correct. If you can find the actual law wording though, maybe it might mean something different or it might define "child passenger restraint device" better to know whether that is a harness or a booster seat.

http://law.justia.com/newmexico/codes/nmrc/jd_66-7-369-1866f.html
"children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards"

I wasn't able to find it specifically for NM, but most states that refer to both "child passenger restraint devices" and "booster seats" define "child passenger restraint device" to mean a harnessed seat.

I think you're right. The law only allows for children who are at least 5 years old AND are at least 40 pounds to be in a booster seat.

A child passenger restraint device that meets federal standards does not mean only a harnessed seat. It could mean a booster seat as well.

Maedze said:

A child passenger restraint device that meets federal standards does not mean only a harnessed seat. It could mean a booster seat as well.

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Yes -- unless clearly defined otherwise, a child passenger restraint device may be a booster seat.

I sort of doubt they mean kids up to 40lbs must be harnessed. They can't make you go out and buy a new seat if your kid outgrows a ComfortSport (or other short convertible) by height and needs to go into a booster.

Yeah, most states are pretty lax on the harnessed seats, basically meaning if your child is over 40 lbs, they can go into a booster. As long as the booster is used per manufacturer's guidelines (some boosters, like the TB, are 3 yo and 30 lbs), states will allow the use of a booster. Again, it would be hard for the state for force a parent of a 42 lb 3yo to go out and buy a high-weight harnessing seat, for example.

New Mexico Law can be found at Chapter 66-7-369 of the State Statutes. This section states as follows:

"A. A person shall not operate a passenger car, van or pickup truck in this state, except for an authorized emergency vehicle, public transportation or a school bus, unless all passengers less than eighteen years of age are properly restrained.

B. Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows:

(1) children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag;

(2) children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards;

(3) children five years of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in either a child booster seat or an appropriate child passenger restraint device that meets federal standards; and

(4) children seven years of age through twelve years of age shall be properly secured in a child passenger restraint device or by a seat belt.

C. A child is properly secured in an adult seat belt when the lap belt properly fits across the child's thighs and hips and not the abdomen. The shoulder strap shall cross the center of the child's chest and not the neck, allowing the child to sit all the way back against the vehicle seat with knees bent over the seat edge.

D. Failure to be secured by a child passenger restraint device, by a child booster seat or by a safety belt as required by this section shall not in any instance constitute fault or negligence and shall not limit or apportion damages." (Emphasis Mine).

Note the properly secured language and the definition in paragraph C.

If they really meant to include boosters in the definition of child passenger safety device, the law could have been simplified by combining paragraphs 2 and 3 as follows: "children one year of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards;" which is why I still think that somewhere, "child passenger safety device" has been defined as a harnessed seat.

joolsplus3 said:

I sort of doubt they mean kids up to 40lbs must be harnessed. They can't make you go out and buy a new seat if your kid outgrows a ComfortSport (or other short convertible) by height and needs to go into a booster.

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Yes, they can, just they can "make" you go out and buy a convertible if your child outgrows the infant seat before 1 and 20. They can make whatever laws they want, including staying harnessed until 40 pounds.

Laws are rarely written simply. According to FMVSS213, which is what most states defer to, a child restraint device can be a booster.

Yeah, the specific references to "child restraint" and "booster" makes me think that they are being specific about kids under 5 and kids under 40lbs having to be harnessed. But still, if "child restraint" can mean "booster", then people who are boostering kids under 5 are operating within the constraints of the law, after all.

If the state wouldn't allow kids under 5 yo and 40 lb be in a booster, then the sale/use of a TB, rated 3 yo/30 lbs would be illegal - kwim? I really don't believe the state law says no boosters until age 5.

They don't have to relabel a seat in order to have their own higher minimums by way of state law. And having higher state laws doesn't mean that a 3/30 booster would be illegal to sell or use (except that it would be illegal to use for a child not allowed to use a booster by law). There are plenty of areas with a minimum age for harnessing that is higher than age 1, and there is a backless booster with 1 and 30 for the minimums. Still legal to sell and legal to use for a child who meets the state requirements.

"(4) children seven years of age through twelve years of age shall be properly secured in a child passenger restraint device or by a seat belt. "

If child passenger restraint mean only a harness seat, then why use it here and not booster, as in item (3).

Laws are very contradictory

It is extremely unlikely the law would require a harnessed seat for a 7-12yo -- that actually adds credence to the argument that "child passenger restraint device" includes boosters.

It's not requiring anything for 7-12 year olds, it's giving the option of either a CPRD or an adult seatbelt. (Okay, it's requiring that you use one or the other. But not requiring a CPRD.)

But yes, the fact that it doesn't list a booster as an option is curious.

Huh. Well, I guess we can say that it's written weird-ly and leave it at that I'm going to continue using the same policy that I did when my older girls attended the preschool and I had to drive other people's kids; 4 and under 40lbs are harnessed, regardless of what seat the parent leaves. Everyone else has to do what they are comfortable with, I guess.