Will the new guidelines from AAP and NHTSA change state law

niccig · Mar 27, 2011

So we have new guidelines, but it's not the law. In CA it's 12 and 20 and no car seat after 6 years old. How long before we can expect the laws to be changed to reflect the new NHTSA and AAP guidelines?

DS is 6 and in K and some parents are foregoing car seats. We've had 2 playdates and both boys said they didn't need to ride in our booster seat as they're 6. I told them they had to as my seatbelts won't fit them and I was not taking the booster seat out of the car. It's a Parkway.

If we got a 4'9" law, it would be fabulous. DS will stay in a booster and his best friend's aunt is a car safety researcher, so he's going to be in a booster just as long, except he's much taller and will hit 4'9" before DS does.

Just wondering how long before the law catches up.

wendytthomas · Mar 27, 2011

Probably ten years would be my guess. It's been nine years since the AAP made more than 1 year for forward facing a recommendation. And it's not law in a lot of states to be 1 and 20. The ending age for seats is far more likely to change in CA, IMO. It's one of the lowest states now.

CA also isn't a 1 and 20 state. Most aren't. The only 1 and 20 in your state is that it's illegal or anyone under 1 and 20 and riding in a rear facing seat to sit in the front.

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

Wendy

skaterbabs · Mar 27, 2011

HOWEVER! Several states are "proper use" states. In these, if the seat manufacturer specifically prohibits a seat being used a certain way (i.e. FF for a child under two) then it is illegal. All WITHOUT new laws being made, which is, IMO, a much better way to handle the issue. :twocents:

WhatAboutPuppy · Mar 27, 2011

I'm hoping Oregon steps up in the next couple years. They already have the 4'9" or 8 rule for boosters.

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SusanMae · Mar 27, 2011

I'm in MD and we're a proper use state as well. So it's illegal to have a 1 yr old who's 20 lbs in a Dorel seat or an 18 month old whose 25 lbs and 33 " tall for that matter.

I wish MD would drop the 8 yrs old/65 lbs clause off of our law and just be 4'9" tall period.

Susan

wendytthomas · Mar 27, 2011

SusanMae said:
I'm in MD and we're a proper use state as well. So it's illegal to have a 1 yr old who's 20 lbs in a Dorel seat or an 18 month old whose 25 lbs and 33 " tall for that matter.

You mean forward facing, or just in a Dorel seat in general?

I wish MD would drop the 8 yrs old/65 lbs clause off of our law and just be 4'9" tall period.

Susan

Then my grandmother would require a booster as she drives through MD. They need some young age so as not to trap small adults.

Wendy

SusanMae · Mar 27, 2011

Yes, I meant for FF. That's what I get for trying to type with a 2 yr old trying to climb all over me. Ok...well let's raise the age to 12 then. That'll really freak some folks out.

And I'll be the mom with the extra boosters in her car that all the kids hate too.

Susan

christineka · Mar 27, 2011

I like the European booster law: Until age 12, 4'9" or 100 pounds (or whatever it is. I do know there are exceptions for the kids who are actually big enough to fit the belt correctly) I'm hoping that the car seat manufacturers will up the ffing minimum so as to essentially make it illegal for children under 2 to ff.

Jennifer mom to my 7 · Mar 27, 2011

I still don't think a law will make that much of a difference. Look at the state of child restraint use now. We need education. We need to get the info out there to parents AND the children, about how much safer boosters and rear facing are. I think for booster use, from the couple of journals/study type things I read, if you get to the kids, and show and explain to them WHY they need a booster, they get it.

MommaWhitney · Mar 27, 2011

Im from Louisiana and I just took my cpst class and they breifly went over the law. You have to be 1 & 20lb to forward face 4 or 40lbs to booster 6 or 60lbs to ride seat belt only. But it also says to use best protection. So thats a bit confusing. Best protection would be to stay in the seat for as long as possible but people get hung up on these ages and weight.
Also car seat misuse is a secondary not a primary. In other words if a cop is riding behind a car and when the car turns the car seat tilts the cop cant pull them over unless they have a primary reason. But not using a car seat period is a primary. So the idiots riding around with a 2yr old boucing around the car can be pulled over for that.

Our task force is working on improving our laws. But it is a slow process and its not something a lot of peope would like. My theory is the app and nhtsa guideline change was a way to liten the shock of people who dont know so it wont be too suprising to the general public in the future. But I dont expect it to happen any time soon!!

niccig · Mar 28, 2011

Thanks all. CA did have a bill pass to up the booster age and Arnold veto'ed it :thumbsdown: I hope someone tries again, and that it gets signed this time.

I know it won't change some people as they'll still ignore the law. At DS's school for field trips in K and pre-K they school says you have to have a booster seat as it's the law. Most of the parents follow this, so it's easy to do.
One mother drove her son and still refused to put him in a booster seat. He never rode in my car, and I wouldn't have allowed that as not getting a ticket because she's ill-informed that he's OK without a booster seat because he's a big kid.

Will the new guidelines from AAP and NHTSA change state law

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