What are the laws?

mpk3 · Jul 18, 2011

My oldest DD (almost 7 years old, slightly over 40lbs) asked me the other day when will she be done using her booster seat. I actually didn't know how to answer her.

I know the laws changed recently, but I can't seem to find the information I'm looking for. Does each state have different rules? We live in NY state.

1. I'd like to know what the law says about when children can legally be allowed to ride in a car without using a child restraint. (For some reason I remember something about being at least 8 years old???)

AND

2. I'd like to know what the safest option is for my children because I have a feeling they should probably be in a child restraint longer than the law states. If I recall correctly, I think there was a special "checklist" to do with your child to see if they're ready to be done with a child restraint. I know I've seen that on this forum before.

Thank you! My apologies for what is probably a question often asked. I'm sure my answer is already on this forum somewhere, but I couldn't find it.

MommyBoha · Jul 18, 2011

The 5 step test is what you should use when determining if a child ready to be out of a booster. I have a 48lbs 8 year old and he still uses a high back booster

http://www.carseat.org/Boosters/630.htm

MommyBoha · Jul 18, 2011

laws vary from state to state
for NY, its 8 years old
http://babyproducts.about.com/od/statecarseatlaws/qt/newyorkcps.htm

Pixels · Jul 18, 2011

Yes, every state has different laws about booster usage. They range from pathetic (FL, 4 year old is legal in an adult belt - note I said "legal" and not "safe," NO 4yo is safe in an adult belt) to pretty darn good in several states.

New York is age 8. On her 8th birthday, legally, she can ride in just the adult belt as long as you are in NY. However, there is a greater than 99% chance that the adult belt will not fit properly and therefore she will not be safe, and need a booster seat.

In order to determine when a child is ready for the adult belt alone, you need to do the 5-step test. Some kids will begin to pass the 5-step test in some vehicles when they are 4'9" tall. Many will need a booster for a while longer.

tiggercat · Jul 18, 2011

My answer is "when the seatbelt fits you correctly". I prefer not to give ages because you never really know how fast your kid will grow, and it's not really about age.
My 10.5 yr old is about 85lbs now (and I want to say 57 inches?) and is just starting to pass the 5 step test in some vehicles. In some vehicles he needs a backless booster to keep the lap belt on his hips. I actually taught him how to evaluate the fit so that it wasn't me being the "bad guy" but a mutual discussion when deciding if a booster is needed.

mpk3 · Jul 18, 2011

tiggercat said:
My answer is "when the seatbelt fits you correctly". I prefer not to give ages because you never really know how fast your kid will grow, and it's not really about age.
My 10.5 yr old is about 85lbs now (and I want to say 57 inches?) and is just starting to pass the 5 step test in some vehicles. In some vehicles he needs a backless booster to keep the lap belt on his hips. I actually taught him how to evaluate the fit so that it wasn't me being the "bad guy" but a mutual discussion when deciding if a booster is needed.

I like this answer...I'll be using this response with my kids.

Do you use a backless booster with him? When can kids safely use backless boosters? I'm assuming I'll end up moving to a backless booster with my kids as they age. At this time, they need the full back boosters. My oldest is actually still harnessed.

tiggercat · Jul 18, 2011

I typed out a long post and then my iPod died. Always the way.
Greg has been in a backless since around 8 when he outgrew the back on the turbos. I do have one hbb he fits in (Monterey) for my fil's car (no headrest, not even close to 5 stepping), but generally he rides in a Clek Olli.
Personally, I like to see kids in high back boosters until they outgrow them or around 8 years, and are proficient booster riders. I think the back and belt guide help teach kids how to maintain proper belt position.
Edited to add, my kids have always been on the big side (Greg was 30lbs at 1 yr, 40lbs at 2) so we moved up each stage when forced to (and in Canada in the early 2000s that was too early!). With smaller kids, I would/will probably be more conservative in some areas.

What are the laws?

mpk3

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MommyBoha

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Pixels

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