TN car seat law

Ellie173

New member
Hi again!
Sorry I have a lot of questions lately but I was just reading over the car seat laws for TN and had some confusion. It says a 4 year old MUST be in a bpb. My nanny kid is about to turn 4 but is in no way ready for that. If it is a law what should I do? We talk about following the law a lot (he always wants to go fast, I tell him it is again the law and we don't break laws) so this just seems wrong to break the law. I am so confused now. Here is the actual text...
"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.)"
Am I reading it wrong? What would you do? Has anyone else come upon this? Sorry not sure if there is anyone in TN on here but really this is a terrible law.
Thank you all so much!
 
ADS

jess71903

Ambassador
The intent of the law is to keep 4-8 year old out of regular seat belts, not out of harnesses. It would read better if it said "at least" a booster, or "in a booster or harnessed seat."
 

Brigala

CPST Instructor
It's the same way I'm Oregon, except we have a weight (40 lbs) instead of an age in our statute. Technically, a 2 year old weighing 40.5 lbs must be in a BPB. And yet the state has been publishing "best practices" guidelines encouraging extended harnessing for at least a couple of years.

Thing is, when the law was written, car seats rated for over 40 lbs either didn't exist or were uncommon enough that the legislators weren't aware of them. So at the time, it made sense. A child over 40 lbs was over the weight limit for a harnesse seat.

Our local car seat advocacy group met with the legislature this summer to address the problem, and it was confirmed that the law was never intended to keep heavier children out of harnessed car seats as long as the car seat was being used properly. They are revising the statute to reflect this, and it's supposed to take effect in January.

You might want to start working on something similar in your state as well.
 

Cath3114

New member
Same issue with our Louisiana laws. instead of saying "must," they say "shall," which I have interpreted to mean "must."

Children under 1 & 20# shall be in RF seats.
Children between 1-4 & 20-40# shall be in FF seats.
Children between 4-6 & 40-60# shall be in boosters.
Children 6+ & 60+# shall use vehicle belt.

So you can see the problem. But what we have to remember is the law was written probably years ago. Before we knew what we know now. Before all the studies and recommendations came out. So yes, it MAY technically be against the law. But if you get a ticket for it, contest it. Take evidence before the judge, and I'm 99.9% sure it would be thrown out. You're doing what is recommended and safest for the child. No judge can fault you for that.

Sent from my iPhone using Car-Seat.Org
 

babyherder

Well-known member
I'd tell him the law says he must be in a car seat. No need to get technical with a 4 y/o. Unless he's reading the laws for himself and then you might have an issue.
 

Jocey'sMommy

New member
it I am not wrong I believe TN also has a proper use clause which also means that he much be retrained properly according to the seat's manufacturer ;) and I believe that even trumps what kind of seat for what age group etc.
 

Jocey'sMommy

New member
here is the entire thing

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.)
 

Ellie173

New member
Awesome! Thank you so I guess lots of states have these silly laws (though in their time they might have been good). Guess I will just keep on what I am doing and if I ever get pulled over just contest. Ugh, why is riding in the car so difficult. Just needed reassurance that this is the right thing to do no matter what the law says.
 

Jocey'sMommy

New member
Awesome! Thank you so I guess lots of states have these silly laws (though in their time they might have been good). Guess I will just keep on what I am doing and if I ever get pulled over just contest. Ugh, why is riding in the car so difficult. Just needed reassurance that this is the right thing to do no matter what the law says.

I would not worry about getting a ticket for a 4 yr old in a harnessed seat, they would prob be thrilled to see that :p, they usually only ticket if a child isn't buckled in at all or a 2 yr old is in an adult seat belt only ;) My BFFs husband even knows about extended rear-facing (and their 18 month old is) and he still says he usually doesn't notice unless its extreme etc.
 

henrietta

Well-known member
Hi again!
Sorry I have a lot of questions lately but I was just reading over the car seat laws for TN and had some confusion. It says a 4 year old MUST be in a bpb. My nanny kid is about to turn 4 but is in no way ready for that. If it is a law what should I do? We talk about following the law a lot (he always wants to go fast, I tell him it is again the law and we don't break laws) so this just seems wrong to break the law. I am so confused now. Here is the actual text...
"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.)"
Am I reading it wrong? What would you do? Has anyone else come upon this? Sorry not sure if there is anyone in TN on here but really this is a terrible law.
Thank you all so much!

I'm in TN, too. I've been wondering the same thing. I will find out next week, as I'm taking the CPST course then. :) I'll post back after I understand it better.

I'm of the opinion that the wording is poor, but the intent is not to prevent parents from keeping a 4 yr old harnessed, only to keep him out of a seatbelt alone.

henrietta
 

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