CA carseat law: 6 years OR 60lbs?

essnce629

New member
Is it 6 years OR 60lbs, or 6 years AND 60lbs? I always thought it was "and" but after being told that only 3 kids in DS's class had booster seats on their field trip, now I'm thinking it's "or." How many states are 8 years and/or 80lbs? I think that's what it needs to be here. I would be freaked out driving a bunch of 6 year olds around without boosters. :eek:
 
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skitle1802

New member
I was totally shocked the other day when I was talking to my neice-in-law. Her DD1 is like 39lbs and almost 7 yr old and she said she rides with just the seatbelt. I thought when they changed the law from 4yr and 40lbs, they stayed with the "and" but the CHP website says the 6yrs or 60lbs law was from 2005. I was so surprised, I thought I was well informed but I missed this.
 

Lys

Senior Community Member
Really? IIHS says 8 AND 80. That is what my friend from NC says too. Hmm, maybe the site is wrong.

Nope, that's wrong.
Here is the actual law. http://www.buckleupnc.org/laws_cps.cfm

Children may be secured in a properly fitted seat belt at age 8 (regardless of weight) OR at 80 pounds (regardless of age) - whichever comes first. Placing the shoulder belt under a child’s (or adult’s) arm or behind the back is both dangerous and illegal.

ETA: This just means that if you have a 40lb 8yo or an 85lb 5yo, they can *legally* be in a seatbelt
ETA@: Also means, a child under 8yo AND 80lbs, must use a booster. It's confusing. I have to clarify it all the time.
 

Kat_Momof3

New member
I'm not even really comfortable with the 8yr and 80lb law we have here (though it was a vast improvement, I grant you)...

because Jeffrey is both of those and does not pass the 5 step test.

Damian did, but he was already 4'9" and still growing like a weed (measuring currently at 5'3" and some millimeters I have no doubt this child is going to be taller than me in less than a handful of years)

The majority simply need a law that covers them... and that should cover height and belt fit, not necessarily age and not weight...

can you organize a booster seat check... where they have the kids stand next to the cute cardboard guy with the big measuring thing that sees if they are 4'9"??

I'd call Safe Kids (after consulting the school) to check.
 

ketchupqueen

CPST and ketchup snob
Staff member
It's 6 OR 60, with a proper use clause. However: CA law also has a proper use clause in the SEATBELT law. So if a child doesn't fit the seatbelt without a booster, even over 6 or 60, they are in violation of the seatbelt restraint law if they don't use a booster or car seat or vest. Some departments, and officers, enforce this more than others, but it is in the law. (They can, however, be in a booster or whatever in the front seat over 6 or 60, even if it can be properly installed in the back and all back seats are empty.)
 

April

Well-known member
I agree that the weight thing is kind of pointless. Here it is 9 or 4'9". (BC, Canada)

DD is currently 8y4m, 61lbs and 53" with a 20.5" torso and she won't 5 step by her 9th birthday.
 

christineka

New member
I think most states have "and" in the clause or people would get riled up about the elderly ladies who should be riding in booster seats. And the ones driving those long '80s cars really ought to be in booster seats. I learned to drive in such a car, sat on a thick phone book, and barely saw past my front end.
 

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