What good is the law?

steph_s

New member
There is a little girl at my children's school who is 6.5 years old. She is TINY! Dad says she is still wearing size 3/4 pants/shirts and is about 28lbs. Mom has this child in a no back booster seat. Dad has child rear facing in a radian (mostly rf because dad say when she falls asleep her head slumps, plus she still fits so "hey why not"). Dad actually has no clue about the benefits of rf, he did this on his own so her head wouldn't slump finding a seat that fit her rf longer, installed properly, ect. Mom on the other hand is a problem. This child doesn't even meet the minimum requirements for a no back booster seat!

So, dad is upset with mom and wants the school to report her driving with his dd in a seat that she doesn't even weigh enough to sit in. He also gave a parent a disposable camera to try to take a picture of her with the child in the no back booster seat. I called the sheriff's department for the school and they basically said "while Ohio's laws have changed and no it isn't legal they still would have to catch mom on some other moving violation before they pulled her over". So, what exactly is the point of the new laws if the police can't pull the parents over because of mis use?
 
ADS

Pixels

New member
Sounds like the child restraint law is a secondary law in your area. Laws can be either primary or secondary. A primary law is one that if they see you violating, they can stop you, such as making an unsafe lane change. A secondary law they can't stop you for, but they can give a ticket if they already have you stopped for something else.

If the cops really, really wanted to get her, they could. My uncle is an ex-sheriff's deputy and he said he could follow anybody for two miles and have a reason to pull them over. People just don't drive perfectly, especially if they see a cop in the rear-view mirror. Cops will often take advantage of this if they see someone they want to pull over (let's say they suspect DUI, but the driving isn't quite bad enough to be sure), they will follow them until they make a mistake and then they can pull them over and get them on the secondary enforcement stuff.

I'm guessing Mom and Dad aren't together? If they are, they have some serious relationship issues if Dad's going to those lengths to get Mom in trouble. :eek: If not, and they have a custody agreement through the courts, he might be able to have that judge do something about it.
 

thepeach80

Senior Community Member
If mom and dad aren't together, it sounds like they're not, if they share custody why can't there can't be something written into the custody agreement saying that mom at least has to follow laws and have her harnessed for another 2#. After those 2#, mom would just go back to using a nbb that starts at 30#. :(

I would have to look at Ohio state law to know what the laws were. Carseat laws here at primary laws, you can get pulled over and ticketed just for that. Once a child is 6 and can move into an adult seatbelt, that becomes a secondary law and the parent can only be ticketed if pulled over for something else, same w/ adult seatbelt laws as well. Stupidest thing I've ever heard of, secondary laws. What's the point?
 

Qarin

New member
http://www.boostohiokids.org/booster_seat_law/new.htm

My reading is that the booster seat portion of the law is secondary, and also that a child under 40lbs in a backless booster would be allowed (as a child restraint); one who is "about 28lbs" is also "about 30lbs", which would be according to manufacturer instructions for some boosters.

I realize that she likely is not fitting well in that booster, but the law is murky at 6.5years old and 30lbs, and a backless booster is very possibly a whole lot better than nothing.
 

Kat_Momof3

New member
here's a question... would she use a different seat if dad supplied it? (I would definitely suck it up and be the bigger person and buy my child the safer and more expensive seat and even help her install it and teach her to use it.... anything to keep my kid safe... because divorce stinks in so many ways, this doesn't HAVE To be one of them)
 

steph_s

New member
Dad did buy a new seat for the child, mom sold it. Dad then purchased a high back booster seat and mom took the back off it. That is about all I know about legal stuff, court, what is going on between them, ect.

I thought the no back turbo booster was for 40# and up not the 30# of the high back seat?? She is defiantly in a no back turbo booster.
 

Qarin

New member
Yes, the Turbo without the back is 40lbs (I had no way to know what backless booster she was using, did I?).

I think you'll still find that law enforcement feels like it has bigger fish to fry, and I'm not surprised that they think this falls into the secondary enforcement portion of the law (for after 4 years old and 40lbs)- you might try again, and point out that the law seems to be primary enforcement if a child is not yet 40lbs. Or, alas, you can let it go.
 

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