Our Louisiana CRS laws

Reading over our Louisiana laws. Looks like legally, I'm breaking the law by ERF. Not that I care, I'm doing what is safest! In the unlikely event I was ever ticketed, I'd fight it in court.

(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: (I'm liking the "descending order of protectiveness" notation)

(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. (this one is fine, other than the new recommendation of 2/30 or seat max)

(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. (problem - the word "shall." I'm interpreting it as "must." So ERF is actually illegal here. Again, my interpretation.)

(c) A child who is at least four years of age but younger than six years of age or 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. (problem - maximum booster use only to 6/60. Also, the word "or." So a 3/60 could legally booster. I'm glad they recognize the booster and lapbelt danger, but elsewhere it states a lapbelt without booster is ok. And no harnessing over 40? Ha.)

(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. (problem - 6/60 can legally ride in just the vehicle belt. Isn't the optimum age to even begin booster training around 6?

(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. (well, at least there's this)

Am I missing anything?
http://www.legis.state.la.us/lss/lss.asp?doc=88231

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That's why I like proper use laws better!

wow! interesting and confusing! what a mess to understand as a parent and enforce as an officer....ugh!

cathleencastle said:

Reading over our Louisiana laws.

(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.

Click to expand...

I think this might get you (us) off the hook. Same 'shall', so a 4 or 5 year old, 39 lber who still fits by height RF in a Graco MyRide 'shall' be put back in category 1 section a with the squishy newborns?

Or does the 20 lbs thing hold? (ETA: I'm a dolt. The 20 lbs thing totally holds. This bites.)

KaiLing said:

I think this might get you (us) off the hook. Same 'shall', so a 4 or 5 year old, 39 lber who still fits by height RF in a Graco MyRide 'shall' be put back in category 1 section a with the squishy newborns?

Or does the 20 lbs thing hold? (ETA: I'm a dolt. The 20 lbs thing totally holds. This bites.)

Click to expand...

I'm also interpreting that way. That 1 and 20 is the absolute max for RF.

I live in New Orleans. Our police force is notorious for corruption, cover ups, all sorts of crap. I wouldn't be the least bit surprised (when she's 3+ and still RF) if I were to be stopped, scolded, and ticketed. Legally, it looks like they could. However, I would contest the ticket and take mounds of information before the judge showing why it's safer.

There's this...

H. A violation of this Section involving failure to secure a child in any type of child restraint system shall be a primary offense. However, failure to secure a child in the age- or size-appropriate restraint, as specified by Subsection A of this Section, shall be a secondary offense and a driver may be cited only if stopped for a moving violation.


So failure to secure at all is a primary offense. But using the wrong type is only secondary. So I would have to be stopped for a moving violation first. But like I said, I have no doubt I would be ticketed by an uninformed officer.

It almost makes me want to go to the checks they do every Wednesday at the State Trooper HQ with a copy of the law just to discuss it. I had our seat checked when we moved to convertible, but I really can't remember if ERF was mentioned. I had already planned to anyway.

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