New VA Law - Boosters to age 8

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trailrunnermom

New member

• Mar 21, 2007

• #1

From the Richmond Times-Dispatch:
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KAINE SIGNS CAR SEAT LAW FOR CHILDREN UP TO 8:
Under Va. law, which takes effect July 1, violators get a $50 fine; age had been 6
BY MICHAEL HARDY, TIMES-DISPATCH STAFF WRITER
Mar 21, 2007

Children up to age 8 soon will have to be strapped into booster seats in vehicles traveling on Virginia's roads.
Click here.

Gov. Timothy M. Kaine has signed into law the assembly-passed measure that raised the age from 6.

Under the new law, which takes effect July 1, a motorist will be fined $50 for violations. But a police officer could cite only a violator who had been stopped for another offense.

A parent or guardian could obtain an exemption if a physician signs a statement that use of a restraint system for a child would be impractical because of the child's weight, physical fitness or other medical condition.

The tougher law does not apply to school buses, taxicabs or limousines.

"It passed with overwhelming majorities, and it was a top legislative priority of traffic-safety groups," said Kevin Hall, the governor's press secretary, in explaining Kaine's support.
---------END QUOTED ARTICLE---------------

 

Last edited: Mar 21, 2007

Simplysomething

New member

• Mar 21, 2007

• #2

He signed it? He signed it!

 

AdventureMom

Senior Community Member

• Mar 21, 2007

• #3

Woo hoo!!! I'm so glad... Too bad it's not a primary offense, though, like the child restraint law.

There were other provisions, too - such as making it illegal to have a RF seat in the front - ? - wonder if that passed?

 

joolsplus3

Admin - CPS Technician

• Mar 21, 2007

• #4

I couldn't find any more information then that yet, either (other provisions)... I'm waiting to see it on the news now, Becky called and told me to TiVo it, lol.

 

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trailrunnermom

New member

• Mar 21, 2007

• #5

Here's the summary from the Virginia General Assembly website:
----Quote-------
Passed
Child restraint devices. The measure increases the age that children must be secured in a child restraint device from 5 to 8 and requires that rearfacing child restraint devices for infants from birth to 1-year must be secured only in the back seat of motor vehicles manufactured after January 1, 1968.

The measure removes the exemption from required child restraint device use for the rear cargo area of vehicles other than pickup trucks and increases the age from less than 6-years old to 8-years old for the use of standard seat belt equipment for certain children.
---------End Quote----------------

(Well darn, I guess I'll just *have* to buy new boosters for the boys when they need them. Yay!)

 

AdventureMom

Senior Community Member

• Mar 21, 2007

• #6

So if a child restraint violation was primary before and now the booster is secondary, do they all change to secondary violations or not...? I hope not. I guess I can understand why it may be secondary: widespread violations plus hard to tell who is 6 yrs old or are they 8 yrs old? May lead to too many "false" pullovers, maybe? But I still hope it's all primary...

 

Simplysomething

New member

• Mar 21, 2007

• #7

I don't see where in the wording it says it is a primary or secondary offense--OTHER than the article.

Child Restraint Law, Virginia

Did you notice this part:

E. Nothing in this section shall apply to taxicabs, school buses, executive sedans, or limousines<S>, or the rear cargo area of vehicles other than pickup trucks</S>.

Click to expand...

Does that mean it is no longer legal in VA to ride in the bed of a pickup truck?

Now this part:

C. A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages in a civil action.

Click to expand...

Does that mean if someone doesn't use car-seats...they aren't being negligent? Or does that mean, If they have an accident, and their child who isn't in a seat is injured--they can still sue for damages? Help, I'm stupid today.

The DMV website hasn't been updated...yet. But It's interesting.
One quote :

Among children age 4 to 12 years, crash injuries are the leading cause of death. (IIHS)

Click to expand...

According to this page, a police officer can stop a car in VA for improperly restrained children under 16. That's a primary offense, right?

Gah, I wanted updated info. lol

 

beeman

Active member

• Mar 21, 2007

• #8

Hopefully were next. Congratulations !

 

scatterbunny

New member

• Mar 22, 2007

• #9

Awesome changes!

 

AdventureMom

Senior Community Member

• Mar 22, 2007

• #10

Simplysomething said:

Does that mean if someone doesn't use car-seats...they aren't being negligent? Or does that mean, If they have an accident, and their child who isn't in a seat is injured--they can still sue for damages? Help, I'm stupid today.

Click to expand...

So even if someone has someone's else child in their car and the child is not restrained properly which results in the injury/death of that child by ejection, etc, then can they not be held responsible in court if the parents choose to press charges?!? (That's how it sounds to me, too...?) That's bogus. Are there provisions like that in other states as well?

 

Last edited: Mar 22, 2007

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twokidstwodogs

New member

• Mar 22, 2007

• #11

Does anyone know if the law uses age alone, or whether it contains a provision about size? I know that very few eight year-olds would pass the five-step test, but what if one did?

 

skaterbabs

Well-known member

• Mar 22, 2007

• #12

The law allows for that, if a 7 yo passed (unlikely, but if one did) a dr's not can be obtained, but honestly, if the kid fits, a police officer won't ticket you.