Question School field trip, child in front passenger seat

I

InTheWoods

New member

• Dec 14, 2010

• #1

Is a 9yo child legally allowed to ride in the front passenger seat of a private vehicle on a California public-school field trip when the child's parent is not in the vehicle?

Also, does your child's school have a policy about this?

I ask because I learned that my 9yo DS rode in the front passenger seat at the driver's direction on a recent field trip -- even though there was space for DS in the second or third row of the newer (about a year old) Suburban. DS is not allowed to ride in the front seat when my DH or I drive and I was surprised and angry that the field-trip driver put him in the front.

 

ketchupqueen

CPST and ketchup snob

Staff member

• Dec 14, 2010

• #2

California law is 6 years or 60 lbs. (whichever comes first) to ride in the front seat; younger children (except those in a rear-facing restraint) may do so if all back seat positions are occupied by children under 12 or the child restraint cannot be properly installed there, or if there is a medical reason to have the child there. Best practice is that no child should ride in the front seat until age 14+ unless the back seats are all full or there's no possible way to avoid it for another reason, but yes, it is legal.

 

skaterbabs

Well-known member

• Dec 14, 2010

• #3

Legal or not, I'd have been furious!

 

LISmama810

Admin - CPS Technician

• Dec 14, 2010

• #4

Like KQ said, it's perfectly legal.

Did the seatbelt fit? Did he have a booster? If the seatbelt didn't fit him well, one *might* argue that it was illegal because the law says that seatbelts have to be "properly used," but I've always taken that to mean, like, one person using one seatbelt that's actually buckled, not meaning that the person passes the 5-step test.

You'd have to look and see what policies (if any) your school district has. Frankly, I'm amazed that schools allow parents to transport other kids on field trips. The school and the parent(s) driving are both taking on huge liability that way.

 

ketchupqueen

CPST and ketchup snob

Staff member

• Dec 14, 2010

• #5

There are PDs out there that interpret the proper use clause in the seatbelt law as the belt fitting correctly. Most I know don't (though most of them are probably somewhere in between "passing the 5 step test" and "one person per seatbelt"-- for instance I've seen a ticket issued for a seatbelt being worn with the shoulder portion behind the back.)

 

LISmama810

Admin - CPS Technician

• Dec 14, 2010

• #6

ketchupqueen said:

There are PDs out there that interpret the proper use clause in the seatbelt law as the belt fitting correctly. Most I know don't (though most of them are probably somewhere in between "passing the 5 step test" and "one person per seatbelt"-- for instance I've seen a ticket issued for a seatbelt being worn with the shoulder portion behind the back.)

Click to expand...

Yeah, I would think "shoulder behind back" wouldn't count as "proper," but a cop might not differentiate between TRUE proper fit and, say, the shoulder belt cutting across a kid's neck.

But yeah, the point is that that's up for interpretation and *possibly* not something that would hold up in court, but I'd certainly bring it up to the principal/school board/etc. as a reason why my kid shouldn't have been riding in the front seat.

 

4boysmom

New member

• Dec 14, 2010

• #7

LISmama810 said:

You'd have to look and see what policies (if any) your school district has. Frankly, I'm amazed that schools allow parents to transport other kids on field trips. The school and the parent(s) driving are both taking on huge liability that way.

Click to expand...

The new school district we moved into has parent drivers. I was seriously like this when I read that for the skating trip 30 miles away they'd be renting a tiny charter bus for a select few but that they were relying on parent drivers. To be an "approved driver" it is my understanding that you just need to turn in a DMV print out and then based on what that says you are approved or not. Better than nothing but as Splash says you are only as safe as the driver behind (or in front and to the sides of) you and just because one is a good driver doesn't mean they know poo about proper use of child restraints. My kiddo isn't going anyway as we don't have the $15 to spend just for him to moan about being cold and bored 'cause I know he wouldn't skate and he won't be driving with a "approve driver" unless I know said approved driver personally and have seen their seat set up beforehand to see if they transport their own kids appropriately on a day to day basis. I know a parent with kiddos aged 7ish "still" in recaro boosters so I might consider her but she's got a sedan and 2 kids so likely would be "full anyhow".

 

Kac

Ambassador - CPS Technician

• Dec 14, 2010

• #8

I cannot believe that is legal. Wow. :thumbsdown:

 

ketchupqueen

CPST and ketchup snob

Staff member

• Dec 14, 2010

• #9

There are many states that don't address the front vs. the back seat at all in their laws, so it's not really surprising. We all know that, sadly, laws fall far short of mandating what is actually SAFE in most places.

 

Baylor

New member

• Dec 14, 2010

• #10

I would be nuts, If I found out someone put my child in the front seat without asking..

 

I

InTheWoods

New member

• Dec 14, 2010

• #11

Okay, thanks, everyone. That's helpful and I knew you'd all understand why I was angry.

I've written a note to the teacher asking if the school has a policy about this, because my DS's first-grade teacher at this same school did (that was two years ago).

Very few field trips have school buses. Not enough buses, funding, scheduling issues, etc. So 90%+ of field trips are parent drivers.

 

Baylor

New member

• Dec 15, 2010

• #12

That freaks me out. I would not be comfortable with another parent driving my child without knowing who it was and being confident in their driving.

I hope you get answers.

 

C

cat mommy

New member

• Dec 15, 2010

• #13

I would be furious.

What was their reasoning for not using an empty rear seat?

 

I

InTheWoods

New member

• Jan 26, 2011

• #14

cat mommy said:

...What was their reasoning for not using an empty rear seat?

Click to expand...

The driver wanted to reward my DS for his good behavior by having him sit next to her where he could feel "special". The driver told me that my DS asked to make sure the front airbag was off so he would be safe. And that's a bunch of hooee, because my DS knows nothing about front passenger airbags with on/off switches.


I brought up this whole issue with my DS's school, who then forwarded it to the district. End result: their field trip permission slips will now clearly state that no child may ride in the front passenger seat. (Apparently, that had always been their policy, but they hadn't let anyone know about it.)

It's $400 to use a bus for a field trip, money the school won't spend or doesn't have, so that's why there are parent drivers in private vehicles.

 

ketchupqueen

CPST and ketchup snob

Staff member

• Jan 27, 2011

• #15

When I was growing up they charged a $10 or so "bus fee" for each field trip; you turned it in with your permission slip. Seems like doing that would be a lot less liability for the school...

 

mommyx4

New member

• Jan 27, 2011

• #16

InTheWoods said:

Okay, thanks, everyone. That's helpful and I knew you'd all understand why I was angry.

I've written a note to the teacher asking if the school has a policy about this, because my DS's first-grade teacher at this same school did (that was two years ago).

Very few field trips have school buses. Not enough buses, funding, scheduling issues, etc. So 90%+ of field trips are parent drivers.

Click to expand...

WOW! I never heard of a public school allowing parents to drive students. That would never happen here. We have to pay @ $5 a child for the bus if it's not in the budget or if we already used the bugeted amount. A field trip has never cost us more than $15 and that's including the bus. Our PTO also gives each grade field trip $ each year. I would be furious if my child told me they rode in the front.