CA law questions

Stretchy Glue · Jan 5, 2011

I have to be quick...my niece is 6, but weighs 35 lbs. She recently outgrew a FPSVD so she's tallish in the torso. She recently spent a week with her dad in California, without a booster. He said he bought a booster seat but it turns out he never did.

What specifically does CA law say about booster use? Is it only 6? Even if the kid is so tiny? Unless the law says something about best practice, I need to arm my sister with the information. She can use the best practice, do you love your kid angle also, but right now we need the straight up law.

cats2 · Jan 5, 2011

It's 6 yrs OR 60 lbs...

"V.C. 27360(a) Cite parent/guardian for each child who is not properly restrained in
the rear seat unless the child is six years or older or weighs 60 pounds or more"

carseatcoach · Jan 5, 2011

http://www.dmv.ca.gov/pubs/vctop/d12/vc27360.htm

Looks like it's perfectly legal for a 6y/35# child to be without a booster.

Stretchy Glue · Jan 5, 2011

That sucks. Thanks for the quick replies.

safeinthecar · Jan 5, 2011

CA seatbelt law specifies that children under the age of 16 must fit the seatbelt properly , or be in a child restraint or the driver will be ticketed for a seatbelt violation.

Stretchy Glue · Jan 5, 2011

safeinthecar said:
CA seatbelt law specifies that children under the age of 16 must fit the seatbelt properly , or be in a child restraint or the driver will be ticketed for a seatbelt violation.

You might have just saved us! Can you please link or quote that? That would be very helpful. I guarantee that a tiny 6 year old DOES NOT fit into a regular seatbelt. Proper use/proper fit clause...that's what I needed.:thumbsup:

LISmama810 · Jan 5, 2011

Stretchy Glue said:
You might have just saved us! Can you please link or quote that? That would be very helpful. I guarantee that a tiny 6 year old DOES NOT fit into a regular seatbelt. Proper use/proper fit clause...that's what I needed.:thumbsup:

The law sort-of says that. I can't link right now, but it does say something about a "properly used" seatbelt. It doesn't specify proper fit, per se.

How that's interpreted--proper fit or just "seatbelt is buckled and over the kid"--would be up to the police officer/judge involved.

It's nice to point to that as a requirement to keep kids in boosters longer, but I'm not sure that's really the intent of the law. (If it works, though, great.)

MomToEliEm · Jan 5, 2011

http://www.dmv.ca.gov/pubs/vctop/d12/vc27360_5.htm

27360.5. (a) No parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may permit his or her child or ward who is six years of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more to be transported upon a highway in the motor vehicle without properly securing the child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.

The bolded "properly securing" text might be what you need.

Stretchy Glue · Jan 5, 2011

My sister had one heck of a phone call with her xh. He went about proving that he was right, while you guys helped me. Oddly enough, whomever he talked to read him the riot act as well and told him to just throw his daughter under the car because it would be a quicker death. (Some friend huh?) Apparently he looked up some videos and called my sister back and appologized. It's a good thing they don't live very close.

cookie123 · Jan 5, 2011

At least he bothered and admitted his mistake, so that was something.

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