I think wayy to much!

momma2kda

New member
How come if we have the click it or ticket rule. Why isn't there a law for proper seats? Kinda like if you get pulled over with a 3 1/2 year old in a booster you should automatically get a ticket or even a 11 month old FF you should get a ticket because(don't shoot me) the baby is not quite one. same goes for a 7 year 11 month old in regular seat belt. Does that make sense to anyone else?
 
ADS

carseatcoach

Carseat Crankypants
Most states do have laws requiring proper use -- which is not the same as best practice. A 3.5yo/30# child in a booster is not misuse (usually) and would not be illegal. Whether a 7y11m child in an adult seatbelt is illegal depends on the state.
 

wendytthomas

Admin - CPST Instructor
Staff member
Most states do. It's called the proper use clause. However, many manufacturers state that three year olds (or even one year olds) can use a booster. It is illegal, thanks to the proper use clause, for an 11 month old to be forward facing in nearly every seat.

However, I wouldn't expect a cop to know the differences in the seats (the one without a one year restriction for forward facing is the Comfortsport, the Cosco backless boosters state one year and 30 pounds). And it's hard to tell how old a child is, parents lie, and they don't have a scale to weigh them. So unless they're doing a carseat stop (sometimes with click it or ticket, sometimes on their own) they're not likely to pull anyone over.

I also don't know if carseats/seatbelts are primary or secondary offenses in most states. If it's a secondary offense they can't pull you over for it.

Wendy
 

Jennifer mom to my 7

Well-known member
Most states do have laws requiring proper use -- which is not the same as best practice. A 3.5yo/30# child in a booster is not misuse (usually) and would not be illegal. Whether a 7y11m child in an adult seatbelt is illegal depends on the state.

It is in NY:)

Seatbelts are a primary offense.

Although the ticket for improper/non use of a carseat is only a max of 100 dollars, it is I think 3 points on your license.

Ooh, check this out:)

http://www.cbs6albany.com/articles/tickets-1274730-seatbelt-campaign.html

ANd, before anyone says anything, that is not the whole law. There is a subsection that requires any child under 4 to be a federally approved child safety seat that that meets federal standard 213.

2. No person shall operate a motor vehicle unless all front seat passengers (a) under the age of sixteen are restrained by a safety belt; or (b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt as required by subdivision one of this section, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts
 

sharsachan

New member
I also don't know if carseats/seatbelts are primary or secondary offenses in most states. If it's a secondary offense they can't pull you over for it.

in nevada, they either JUST changed it, or are about to, make seat belts a primary violation in stead of a secondary. not sure about car seat violations here though they really just look to see if the child IS buckled [as opposed to HOW], at least last time i got stopped [for not coming to a complete stop at a stop sign]. :(
 

Car-Seat.Org Facebook Group

Forum statistics

Threads
219,656
Messages
2,196,897
Members
13,530
Latest member
onehitko860

You must read your carseat and vehicle owner’s manual and understand any relevant state laws. These are the rules you must follow to restrain your children safely. All opinions at Car-Seat.Org are those of the individual author for informational purposes only, and do not necessarily reflect any policy or position of Carseat Media LLC. Car-Seat.Org makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. If you are unsure about information provided to you, please visit a local certified technician. Before posting or using our website you must read and agree to our TERMS.

Graco is a Proud Sponsor of Car-Seat.Org! Britax is a Proud Sponsor of Car-Seat.Org! Nuna Baby is a Proud Sponsor of Car-Seat.Org!

Please  Support Car-Seat.Org  with your purchases of infant, convertible, combination and boosters seats from our premier sponsors above.
Shop travel systems, strollers and baby gear from Britax, Chicco, Clek, Combi, Evenflo, First Years, Graco, Maxi-Cosi, Nuna, Safety 1st, Diono & more! ©2001-2022 Carseat Media LLC

Top