s/o state law

rachelandtyke

Well-known member
I was kind of confused by this comment in the thread about EHing: I really would encourage all of you who think that their law says the child HAS to be 40 pounds to booster, to reread it. I mean the actual law, and not the abreviated version from some other site. I am not aware of any state that has a weight, as in 4 AND 40. I think most, like NY, have a 4 years old, OR if over 40 pounds thing. I do not think that a state can mandate that way, kwim? The law thing has been discussed before.

I think that I am interpreting the law correctly in that DD can not be in a booster until age 6 unless she weighs 40 lbs. We seem to have a lot of choices from ages 1-5 based on child's weight alone. Although, it also reads like it is technically illegal for me to rf after 20 lbs or harness after 40 lbs if she hit 40 lbs before age 6?

Here is what my state law says:

(1) A child from birth up to one year of age or who weighs less than twenty pounds must be properly secured in a rear-facing child safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.
(2) A child who is at least one year of age but less than six years of age and who weighs at least twenty pounds but less than forty pounds must be secured in a forward-facing child safety seat provided in the motor vehicle which meets the standards prescribed by the National Highway Traffic Safety Administration.
(3) A child who is at least one year of age but less than six years of age and who weighs at least forty pounds but not more than eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.
(4) If a child is at least one year of age but less than six years of age and weighs more than eighty pounds, the child may be restrained in an adult safety belt. If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

from: http://www.buckleupsc.com/cps/laws.htm
 
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carseatcoach

Carseat Crankypants
Yes, as I wrote in the other thread, I believe that harnessing to 40# or 6y was the INTENT, but based on their definition of child safety seat, I don't think that it is actually what they wrote.
 

joolsplus3

Admin - CPS Technician
Boy, what gobbledygook that law is! It's like they looked at seats prior to 2001 that only had harnesses to 40lbs, boosters only went to 80, and assumed that's the way they'd always be, and wrote the law so that kids would never exceed the weight limits of given seats (like the 1 or 20 rule that was solely based on NO products rearfacing to any higher weight limit, because the 9 month old 20 pound dummy was all that was required for passing testing). If they wrote that law today it'd look even crazier, with 35 for the RF weight, 65 for the harnessed weight and 100 for the booster weight, but they'd still have the age 6, because that's a politically expedient age (ie, people won't complain too much about their kindergarteners in a booster, but get upset about ages older than 6 being mandated to be in a seat).
 

christineka

New member
I understand it as:
Child under 1 year of age must be harnessed in a rear facing seat.
Child 1-6 years must ride forward facing, either in a harness or in a booster.
Child over 6 may ride in just a seatbelt.
Child over 1 year and 80 pounds may ride in just a seat belt.
Child of any age who can sit all the way back and bend knees, can ride in just a seatbelt.

I think I like Utah's law better: Use a proper child restraint until age 8 or 4'9" or 100 pounds.
 

Jennifer mom to my 7

Well-known member
I was kind of confused by this comment in the thread about EHing: I really would encourage all of you who think that their law says the child HAS to be 40 pounds to booster, to reread it. I mean the actual law, and not the abreviated version from some other site. I am not aware of any state that has a weight, as in 4 AND 40. I think most, like NY, have a 4 years old, OR if over 40 pounds thing. I do not think that a state can mandate that way, kwim? The law thing has been discussed before.

I think that I am interpreting the law correctly in that DD can not be in a booster until age 6 unless she weighs 40 lbs. We seem to have a lot of choices from ages 1-5 based on child's weight alone. Although, it also reads like it is technically illegal for me to rf after 20 lbs or harness after 40 lbs if she hit 40 lbs before age 6?

Here is what my state law says:

(1) A child from birth up to one year of age or who weighs less than twenty pounds must be properly secured in a rear-facing child safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.
(2) A child who is at least one year of age but less than six years of age and who weighs at least twenty pounds but less than forty pounds must be secured in a forward-facing child safety seat provided in the motor vehicle which meets the standards prescribed by the National Highway Traffic Safety Administration.
(3) A child who is at least one year of age but less than six years of age and who weighs at least forty pounds but not more than eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.
(4) If a child is at least one year of age but less than six years of age and weighs more than eighty pounds, the child may be restrained in an adult safety belt. If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

from: http://www.buckleupsc.com/cps/laws.htm

It is point 3 that makes it legal for a 40 pound 2 or 3 year old to be in a belt positioning booster.
 

Jennifer mom to my 7

Well-known member
Read 1 2 3 and 4. #2 states that a child between 1 and 6 years, and over 20 pounds but under 40 pounds must be in a ff child safety seat. #3 states that a child between 1 and 6 years who is between 40 and 80 pounds must be in a booster. 40 pounds is mentioned several times.
 

christineka

New member
Read 1 2 3 and 4. #2 states that a child between 1 and 6 years, and over 20 pounds but under 40 pounds must be in a ff child safety seat. #3 states that a child between 1 and 6 years who is between 40 and 80 pounds must be in a booster. 40 pounds is mentioned several times.

Now I see it! Thanks.

So, that law makes it sound like, if child is between 20 and 40 pounds, and 1-4 years of age, they must ride harnessed, forward facing. A child between 40 and 80 pounds must ride in a belt positioning booster.

I think the law should be less specific. Defer to the manufacturers. Or at least state minimums, like a child under 20 pounds and 1 year of age must ride in rear-facing seats. Children under age 4 and 40 pounds must ride in harnessed child restraints. Children under 8 (or 6) must be in child restraints. Too many people could look at that law and think they must turn their 1 year old, 20 pound baby forward facing and that their 4 and 40 pounds child must ride in a booster.
 

rachelandtyke

Well-known member
I'd be more concerned about the 40 lbs 2 year old in a booster!

I'm sure when it was written, there were no seats that rf past 20 lbs and no ff seats that harnessed past 40 lbs, so it made since and was best practice then . . .
 

Pixels

New member
Now I see it! Thanks.

So, that law makes it sound like, if child is between 20 and 40 pounds, and 1-4 years of age, they must ride harnessed, forward facing. A child between 40 and 80 pounds must ride in a belt positioning booster.

I think the law should be less specific. Defer to the manufacturers. Or at least state minimums, like a child under 20 pounds and 1 year of age must ride in rear-facing seats. Children under age 4 and 40 pounds must ride in harnessed child restraints. Children under 8 (or 6) must be in child restraints. Too many people could look at that law and think they must turn their 1 year old, 20 pound baby forward facing and that their 4 and 40 pounds child must ride in a booster.

The law actually does say that a 1 and 20 child must be forward facing, and that a 1 and 40 child must ride in a booster.
 

ownedbyhorses

New member
The laws there are much better than Florida! The law here is AWLFUL! Sorry this was a lottle OT, but I wish we had better laws here..
 

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