States w/o Proper Use Clauses

LISmama810

Admin - CPS Technician
We always tell people that "if" their state has a proper use clause, then...well, seats have to be used according to instructions.

So I'm wondering what states, if any, DON'T require proper use.

Also wondering if any states don't require a seat to be federally approved (or some such wording).

All of the laws I've looked at have required both, but I admit I've only looked at a few states. And there are 50 of them, and that's a lot to look at, especially when the actual laws can be aggravatingly difficult to find.
 
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jourdysmom

CPST Instructor
I don't see anything that says proper use in our law...

NY:
New York's Occupant Restraint laws require the following:

Children up to the age of 4 must be properly restrained in a federally approved child safety seat that is attached to a vehicle by a seat belt or universal child restraint anchorage (LATCH) system.

Children less than age 4 but weighing more than 40 pounds may be restrained in a booster seat with a lap/shoulder safety belt.

Children ages 4, 5, 6 and 7 must be properly secured in an appropriate child restraint system, one for which the child meets the height and weight recommendations of the child restraint manufacturer.*

An appropriate child restraint system is one that meets the child's size and weight recommended by the manufacturer.

A vehicle's safety belt is NOT a child restraint system.

Children riding in booster seats must be secured with a combination lap/shoulder seat belt, NEVER secure a child in a booster seat with only a lap belt.

From the age of 8 until they reach their 16th birthday, children must be restrained in a seat belt when they ride in the back seat. Front seat passengers must be properly restrained at all times, regardless of age.

Children 12 years and younger should ride in the back seat. By simply buckling up your child in the back seat reduces his/her risk of death by 33%.

*It is recommended that booster seats be used until your child is 4 foot 9 inches tall or weighs 100 pounds.

The actual law:
§1229-c. Operation of vehicles with safety seats and safety belts.

1. No person shall operate a motor vehicle in this state unless: (a) all back seat passengers of such vehicle under the age of four are restrained in a specially designed seat which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is either permanently affixed or is affixed to such vehicle by a safety belt, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen;

(b) all back seat passengers of such vehicle who are age four or older but under age eight (i) are restrained in an appropriate child restraint system as defined in subdivision four of this section used with combination lap and shoulder harness belts or (ii) are restrained in a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; or

(c) in the case of any other back seat passenger under the age of sixteen, he or she is restrained by a safety belt approved by the commissioner.

2. No person shall operate a motor vehicle unless all front seat passengers (a) under the age of sixteen are restrained by a safety belt; or (b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt as required by subdivision one of this section, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; or (c) if they are age four or older but under age seven, (i) are restrained in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) are restrained in a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen.
 

LISmama810

Admin - CPS Technician
Interesting. Looks like LATCH is technically not legal per New York law? (I mean, not that anyone would enforce that. Or does LATCH count as "permanently secured"? I wouldn't think so.)
 

Kac

Ambassador - CPS Technician
Doesn't "properly secured" = proper use? I don't know, just ASSuming.
 

LISmama810

Admin - CPS Technician
Kac said:
Doesn't "properly secured" = proper use? I don't know, just ASSuming.

Yes, but I didn't see that in there. The only "proper" referred to belts being used by other people. ETA: The summary mentions it, but the law itself doesn't appear to, unless there's more to it.

(And for the record, I'm not trying to find loopholes for people here. I was just curious if any states actually didn't have a proper use clause. I was sort of expecting that they all would.)
 

Dillipop

Well-known member
It looks like RI has proper use. Any child under age 8, under 57 inches, and under 80 pounds must be properly restrained in a child restraint.
 

KaiLing

New member
"appropriate child restraint system" is, like, appropriate use, not proper use? Is there a difference?

Maybe NY law means that you have to *choose* the right CR (ie no 20 lbs 2 year olds in NBB), but you may affix it permanently however you choose? What isn't covered here, if they've got choosing the right CR? Just using it according to the directions? Like, it's not illegal to use LATCH in the center of a Subaru?

I'm rambling, sorry.
 

Pixels

New member
It's possible that even if it's not spelled out as such in the written law, that it is adjudicated as proper use. For example, if you put the shoulder portion of your seat belt behind your back, and were ticketed, you could try arguing that you were indeed *wearing* your seat belt as the law requires, but the judge would say no, you have to wear it properly. It could be the same with child restraints. It depends on case law.
 

Pixels

New member
I don't think we're proper use:
http://www.buckleupsc.com/cps/laws.htm

And apparently, I'm in danger of being ticketed:
http://www.spartanburgmoms.com/forum/topics/sc-car-seat-law-makes-new-aap?xg_source=activity

I think the law was probably great when it was written as the available seats at that time were quite different then. But it doesn't allow room for progress.

You're definitely proper use for babies under 1yo.

Make your kid keep food in his lap. That way, he is "being fed" and therefore isn't required to be in a seat at all. :rolleyes: Can't be ticketed that way.
 

Brigala

CPST Instructor
In Oregon it's illegal to have a child over 40 lbs in a harnessed seat, regardless of age. Children over 40 lbs but under 4'9" or age 8 must be in a belt positioning booster.

Fortunately, that wording has been changed and the new rules go into effect in January. It has been confirmed that the law never intended to prohibit HWH seats, but at the time it was written HWH seats were either unavailable or at least unknown to the legislators. I've never heard of it being enforced, and the state has been publishing "best practices" in favor of using HWH seats for younger/larger children for years.

We definitely have "proper use" clauses all over the place. For example:
(1) A person commits the offense of failure to properly use safety belts if the person:
(a) Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section;
(d) Except as provided in paragraphs (e) and (f) of this subsection, operates a motor vehicle on the highways of this state or on premises open to the public with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt or safety harness as required by subsection (2) of this section;

I found out in my CPST class that this can be used to ticket the driver if a small 9 year old (for example) who does not fit properly in the seat belt is riding without a booster, even though the booster law only applies to children under the age of 8.
 

rachelandtyke

Well-known member
You're definitely proper use for babies under 1yo.

Make your kid keep food in his lap. That way, he is "being fed" and therefore isn't required to be in a seat at all. :rolleyes: Can't be ticketed that way.

Back before I knew much about carseat stuff, I was shocked when a friend was talking about feeding her baby (breastfeeding) while on the road.

Kind of shocking that the couple I saw with baby held in lap in front seat with a bottle wouldn't get cited, but I could b/c I have my 2yo rfing. :rolleyes:

It does make it convenient when I can tell a friend that the law says her child can't be in a booster yet since she is 5 and under 40 lbs (although her 4yo brother could since he is over 40 lbs :rolleyes:).
 

Cath3114

New member
Louisiana has a clause where improper use is a secondary violation, and can't be brought against a parent in a neglect suit or custody issue.

Not sure about proper use. I'm gonna guess not.
 

jourdysmom

CPST Instructor
My DD2's Godmother had her DD (now 16 or 17) RF in the front seat (no airbags back then); 3pt harness; would unbuckle her and nurse her while driving, then put her back in when she was done! :eek: I almost died when she told me that!
 

Brigala

CPST Instructor
I'll never understand the idea that somehow the laws of physics don't apply to a child who is being fed.

I will never ever ever forget the time when I was sitting in the back seat with my hungry baby, and looked up to ask my friend (the driver) to find a place to pull over so I could feed him... just in time to see that we were headed off the road.

Had I either unbuckled the baby or myself in order to nurse him in a moving car, I have absolutely no doubt that he would have been killed (and maybe me too) when we flipped end over end down the side of that embankment.
 

rachelandtyke

Well-known member
I'll never understand the idea that somehow the laws of physics don't apply to a child who is being fed.

I will never ever ever forget the time when I was sitting in the back seat with my hungry baby, and looked up to ask my friend (the driver) to find a place to pull over so I could feed him... just in time to see that we were headed off the road.

Had I either unbuckled the baby or myself in order to nurse him in a moving car, I have absolutely no doubt that he would have been killed (and maybe me too) when we flipped end over end down the side of that embankment.

yikes, how scary!
 

Brigala

CPST Instructor
Hah. Yeah. In case anybody ever wonders why I'm a nut case about car seats, not breast feeding in the car (or doing other things which require anybody to be improperly restrained, even briefly), or not having unrestrained dogs in the car (it was the dog in the front seat that distracted my friend from her driving)... that's why. :D

ETA: My son was only 3 months old at the time. I was only 19. My "baby" is now almost 18 years old and is sitting here on the couch next to me by the grace of God and thanks to car seats, and Volvo engineers, and me having the good sense to keep my baby buckled even when he was hungry. :)
 

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