child restraint laws

I think this has been covered, but I don't want to search

Is there any state in the union that actually has a 4 year AND 40 pound law for harnessing? Or are most of them 4 or 40, like NY? If the state has a harnessing law at all

I think I have read most wording in most states' laws, and have never come across a 4 and 40 pound harnessing law. In fact, I was pretty sure NY is one of the only states with a 4 year harnessing law, unless child is over 40 pounds (from the older seats only ever going to 40 pounds).

http://www.iihs.org/laws/childrestraint.aspx
That is updated laws and I didnt read through all of them though.

Yes, and child restraint does not equal 5 point harness. From reading that, I get any child restraint over 40 pounds counts, even if it is a booster.

Missouri's law differentiates booster seats and child restraints, and requires under 4, regardless of weight, and under 40lbs, regardless of age, to utilize the latter.

RSMo 307.18
http://www.senate.mo.gov/06info/pdf-bill/intro/SB916.pdf

http://www.modot.mo.gov/Safety/newlaws.htm

Ours distinguishes between forward facing child seat and booster seat.

http://www.legis.state.la.us/lss/lss.asp?doc=88231

§295. Child passenger restraint system

A. Except as provided in Subsections C, D, and E of this Section, every driver in this state who transports a child or children under the age of thirteen years in a motor vehicle which is equipped with safety belts shall have the child properly secured as follows:

(1) A child younger than six years of age or weighing sixty pounds or less shall be restrained in a child restraint system as provided for in this Subsection that complies with standards of the United States Department of Transportation and is secured in the vehicle in accordance with the instructions of the manufacturer of the child restraint system and the passenger seating position is equipped with a safety belt system that allows sufficient space for installation. The child restraint system required for a child younger than six years of age or weighing sixty pounds or less is, in descending order of protectiveness, as follows:

(a) A child who is younger than one year of age or weighs less than twenty pounds shall be restrained in a rear-facing child safety seat.

(b) A child who is at least one year of age but younger than four years of age or who weighs at least twenty pounds but less than forty pounds shall be restrained in a forward-facing child safety seat.

(c) A child who is at least four years of age but younger than six years of age or1 who weighs at least forty pounds but not more than sixty pounds shall be restrained in a child booster seat. The requirements of this Subparagraph shall not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.

(2) A child who is at least six years of age or weighs more than sixty pounds shall be restrained with the motor vehicle's safety belt adjusted and fastened around the child's body or in an appropriately fitting child booster seat in accordance with the instructions of the manufacturer of the safety belt or child booster seat.

(3) A child who because of age or weight can be placed in more than one category shall be placed in the more protective category.

Just to throw this in. Germany's laws require a child to remain in a child restraint until 12 years of age or 59". Be it a carseat or booster. I haven't dug into it far enough to see if they have specific age ranges for carseat and booster seat though.

Here's the law for my state, Colorado:
younger than 1 year and less than 20 pounds in a rear-facing infant seat; 1 through 3 years and 20-40 pounds in a child safety seat; 4 through 7 years in a booster seat

Some people say that "child safety seat" can include a booster seat, but the fact that it says "child safety seat" for under 4 and 40 lbs and "booster seat" for 4-7 makes me interpret it to mean a 5 point harness until 4 and 40. Sadly, I think that most people won't interpret it that way.

Here is the actual text of Colorado's law:

http://www.michie.com/colorado/lpex...b/6e09d?f=templates&fn=document-frame.htm&2.0

(2) (a) (I) Unless exempted pursuant to subsection (3) of this section and except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), every child who is under eight years of age and who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a child restraint system, according to the manufacturer's instructions.

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This implies that a booster is included in the definition of "child restraint system".

(II) If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system in a rear seat of the vehicle.

(III) If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a rear-facing or forward-facing child restraint system.

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Even if a booster was different in the law, this means that a child less than four and over forty pounds would not be provided for by sub-paragraph III and would therefor be counted in (2)(a)(I) (where a booster is allowed).

And that is how I have been reading and interpreting most of the laws. Most were written before the big emergence of higher weight harnessing seats, and only added to when the stricter booster laws were passed. Either way, my kid was in a 65 pound seat at 3.5 (and the other at 3.25) and outgrew them, by height then, at just over 40 pounds.

Just because a law CAN be interpreted one way, doesn't mean that is what was meant.

I haven't looked at every single law, but those I have looked at tend not to specify TYPES of restraints. However, most also contain a proper use clause, so if a booster has a 3-year minimum, it would be illegal for a 2-year-old to be in one.

It's only in the past two years or so that low-cost HWH seats have become available. It's hard to put an exact age/weight on harnessed seats when many people can't afford harnesses seats to that point.

Pa is:
Child booster seat--A child passenger restraint system or a belt positioning seat designed and manufactured to meet Federal motor vehicle safety standards in 49 CFR 571.213 (relating to child restraint systems) to position a child to properly sit in a Federally-approved safety seat belt system.

Child passenger restraint system--A device or system to enhance the safety of children in motor vehicles which is designed and manufactured for use in motor vehicles equipped with a safety seat belt system and which meets the Federal motor vehicle safety standards in 49 CFR 571.213.

Department--The Department of Transportation of the Commonwealth.
§ 102.3. Physical criteria for use of child passenger restraint system.

(a) General criteria. Children under 4 years of age shall be securely fastened in a safety seat belt system and a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer. Children 4 years of age but younger than 8 years of age shall be securely fastened in a safety seat belt system and an appropriately fitting child booster seat in accordance with the recommendations of the manufacturer.

(b) Exemption based on child's weight or height, or on vehicle characteristics. Exemption from the general criteria in subsection (a) shall be as follows:

(1) Children 4 years of age but younger than 8 years of age who weigh less than 40 pounds may, in lieu of use of a booster seat, be securely fastened in a child safety seat or other child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer.

(2) Children 4 years of age but younger than 8 years of age riding in a passenger position in the vehicle which was not originally equipped with a shoulder safety seat belt shall be fastened in the safety seat belt system without the use of a child booster seat and may be fastened in a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer.

(3) Children 4 years of age but younger than 8 years of age who weigh more than 80 pounds or who are of a height of 4 feet 9 inches or taller may be fastened in the safety seat belt system without the use of a child booster seat.

TENNESSEE:

Rearfacing to 1 yr AND 20 lbs

Must be harnessed till 4 years old (weight not mentioned)

Boostered till 8 yrs OR 80 lbs (which is dumb...)

Tennessee's law:

Children under one (1) year of age, or any child, weighing twenty (20) pounds or less, must be secured in a child passenger restraint system in a rear facing position, meeting federal motor vehicle safety standards, in a rear seat, if available, or according to the child safety restraint system or vehicle manufacturer's instructions. (Note: If the child safety seat has a higher rear-facing weight rating, usually 30 or 35 pounds, it may be continued to be used in a rear-facing position so long as the child's weight permits. Check the manufacturers instructions accompanying the child safety seat for more information.)
Children age one (1) through age three (3), and weighing more than twenty (20) pounds, must be secured in a child safety seat in a forward facing position in the rear seat, if available, or according to the child safety restraint system or vehicle manufacturer's instructions.
Children age four (4) through age eight (8), and measuring less than four feet nine inches (4'9") in height, must be secured in a belt-positioning booster seat system, meeting federal motor vehicle safety standards in the rear seat, if available, or according to the child safety restraint system or vehicle manufacturer's instructions. (Note: If the child is not between age four (4) and age eight (8), but is less than four feet nine inches (4'9") in height, he/she must still use a seat belt system meeting federal motor vehicle safety standards.)

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I don't see 80lbs mentioned anywhere in Tennessee's law:

http://www.state.tn.us/tccy/tnchild/55/55-9-602.htm

(3) Notwithstanding § 55-9-603, any person transporting any child, four through eight (4-8) years of age and measuring less than four feet, nine inches (4¢ 9²) in height, in a passenger motor vehicle upon a road, street or highway of this state is responsible for the protection of the child and properly using a belt positioning booster seat system, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.

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The law does use both "child safety restraint system" and "belt positioning booster seat system", but then kind of interchanges them and does not explicitely define them. It does seem that the popular interpretation is that children must be 4 years old to ride in a booster seat.

I quoted TN's law above; it's 8 and 4'9" (it's also 1 OR 20, not 1 and 20, and 1-3 harnessed FF).

I cross-posted, you beat me to it.

And this is my point. If the child is over 4, they can be in a booster reguardless of weight, and if the child is under 4, but over 40 pounds, they can be in a belt positioning booster. I have not found anything that actually states a child must be over 4 years old AND over 40 pounds, to be in a booster. Yet, many continually say that their law states such a thing.

I want to clarify, I've been understanding your point and trying to back you up.

Except I think that Missouri (my first post) may actually be 4 and 40.

Maybe they have their state confused with (some provinces of) Canada?

An Aurora said:

Maybe they have their state confused with (some provinces of) Canada?

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maybe

Sometimes it is hard here to figure out what is back up, and what is not, kwim? So, basically, noone here can find a law that specifically states 4 AND 40? AS in a 5 or 6 year old would need to be 40 pounds, or 50 pound 3 year old would need to be 4? to be in a belt positioning booster seat.

Unless, you are in Canada