question about MA law and "child passenger restraint" vs. "booster"

dsa23 · Sep 14, 2010

I was re-reading this handout about boosters http://www.mass.gov/Eeohhs2/docs/dph/com_health/injury/booster_seat_faq.pdf, which we have gone over with a lot of patients in our office to get their 6-8 year olds back in boosters (i.e. mostly talking about the high end of the age and height rules.)

This time I noticed the minimum. Is this law talking about even high back boosters? I know the recommendation is that it's best for kids to be 5-6 before considering a booster but am surprised the law has caught up to that. (Or is the legal distinction referring to low back boosters, and high back boosters fall into the child passenger restraint category?)

It says:
• Infants and children must ride in a federally approved child passenger
restraint until they are at least 5 years old and weigh more than 40 pounds.
• Children older than 5 and more than 40 pounds must ride in a booster seat
until the child is 8 years old or is taller than 4 feet 9 inches.
• Anyone over the age of 8 must be protected by a safety belt.

Deb

carseatcoach · Sep 14, 2010

A booster is a child passenger restraint: MA law requires proper use, which means that a 3y/30# child can ride in most boosters.

Pixels · Sep 14, 2010

The handout is incorrect when it says that infants and children must ride in a federally approved child passenger restraint until they are 5 and 40, and the children 5+40 through 8 or 4'9" must ride in a booster. The law doesn't say anything about age 5 or 40 pounds. It says that all children under 8 or 4'9" must be in a properly used seat.

Actual text of the law (General Laws, Chapter 90):

Section 1

“Child Passenger restraint”, a specifically designed seating system which meets the United States Department of Transportation Federal Motor Vehicle Safety Standards, as established in 49 C.F.R. 571.213, which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.

Section 7AA. A passenger in a motor vehicle on any way who is under the age of 8 shall be fastened and secured by a child passenger restraint, unless such passenger measures more than 57 inches in height. The child passenger restraint shall be properly fastened and secured according to the manufacturer’s instructions.

Unless required to be properly fastened and secured by a child passenger restraint under the preceding paragraph, a passenger in a motor vehicle on any way that is under the age of 13 shall wear a safety belt which is properly adjusted and fastened according to the manufacturer’s instructions.

The provisions of this section shall not apply to any such child who is: (1) riding as a passenger in a school bus; (2) riding as a passenger in a motor vehicle made before July first, nineteen hundred and sixty-six, that is not equipped with safety belts; (3) physically unable to use either a conventional child passenger restraint or a child restraint specifically designed for children with special needs; provided, however, that such condition is duly certified in writing by a physician who shall state the nature of the disability as well as the reasons such restraints are inappropriate; provided, further, that no such certifying physician shall be subject to liability in a civil action for the issuance of or for the failure to issue such certificate. An operator of a motor vehicle who violates the provisions of this section shall be subject to a fine of not more than twenty-five dollars; provided, however, that said twenty-five dollar fine shall not apply to an operator of a motor vehicle licensed as a taxi cab not equipped with a child passenger restraint device.

A violation of this section shall not be used as evidence of contributory negligence in any civil action.

A person who receives a citation for a violation of any of the provisions of this section may contest such citation pursuant to section three of chapter ninety C. A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section one hundred and thirteen B of chapter one hundred and seventy-five.

question about MA law and "child passenger restraint" vs. "booster"

dsa23

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