Illegal for kids 8 yo and up to ride in carseats in Hawai'i?

ADS

CRS

Senior Community Member
(1) Shall operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and all passengers in the front or back seat of the motor vehicle are restrained by a seat belt assembly if between the ages of eight and fourteen, or are restrained pursuant to section 291‑11.5 if under eight years of age;

I'm not sure how you got that it's illegal from there? I was just in Hawaii a couple of months ago sitting my CPST and I'm pretty sure they would have mentioned that if it were true. Boosters are used with seatbelts, so are seatbelt assemblies. Boosters just raise the kid up, they don't restrain them, so to speak.

ETA: Or did you mean car seats with harnesses?
 

Victorious4

Senior Community Member
For some reason I can't open the link?

Harness style carseats & boosters are most often both legally considered Child Restraints: use depending on fit according to the instructions.... Laws generally only require use until a certain minimum age/size, but that does not prohibit use after said age/size: so long as the child still fits a restraint then kiddo can & should use one.
 

kaylee18

New member
The law specifies a "seatbelt assembly" for restraint of a child 8yrs. and up. Which in theory could be interpreted to allow boosters, but not harnessed seats like the Radian and Regent. I should have posted the statute regarding child restraints, for comparison:

http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0011_0005.HTM

...which refers to child carseats specifically as "child passenger restraint system" and "child safety seat or booster seat" in contrast (within the same statute) to "a seat belt assembly" which is specified for use with older children, and for adults in front seats. If an 8yo is required to be restrained in a "seat belt assembly," that means no Regent, right? Unless there's a federal law that supersedes this one... maybe one regarding seats and test standards?

On a related note, I so hate that taxis, buses, and cars with more passengers than seatbelts can legally travel with passengers (even infants) unrestrained! :eek:
 

Connor's Mom

New member
The law specifies a "seatbelt assembly" for restraint of a child 8yrs. and up. Which in theory could be interpreted to allow boosters, but not harnessed seats like the Radian and Regent.

Yah even after reading your second link that you posted I still don't get that it would be illegal to use a harnessed seat after the age of 8. :confused:
 

kaylee18

New member
The first law requires that "all passengers in the front or back seat of the motor vehicle are restrained by a seat belt assembly if between the ages of eight and fourteen" and further states ""Seat belt assembly" means the seat belt assembly that is required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the National Traffic and Motor Vehicle Safety Act of 1966" - so the way the law is written, all passengers ages 8-14 must wear the FMVSS seatbelt, not a harness in a carseat.

The second link I posted makes a distinction between carseats and "seat belt assemblies," so that if you wanted to read "seat belt assembly" in the first law to mean "carseat," you really can't, because the second law draws a distinction that a "seatbelt assembly" does not mean a carseat. Now, the second law specifies that carseats or boosters are the requirement for passengers under 8yrs. (or 57" and 40lbs), but makes no allowance for passengers over 8yrs. to travel restrained by anything other than a seat belt. Seat belt [assembly], not carseat.
 

joolsplus3

Admin - CPS Technician
I'm just not seeing it. Just because you have to do one (harness or booster a kid up to age 8 or 4'9"), doesn't mean you can't do the other (keep a kid harnessed beyond that age or height). I'm sure they left that out on purpose...the law is muddy enough allowing for too many people crammed in a car so no seatbelts have to be used, they aren't going to go after people who are actually keeping their kids safER than the law demands.
 

nisi

Senior Community Member
I see your point. Technically, by the letter of the law, it may be illegal, but does it matter? It's the intent that counts. Lots of states have similar wording. Even before there were booster laws, it would say "any child over age 4 must be restrained in a seatbelt" or similar, yet no one got ticketed for using a booster. In reality, no one is going to write a ticket for keeping kids safer than the law requires. I dare them to try. Can you imagine the backlash?
 

CRS

Senior Community Member
I see your point. Technically, by the letter of the law, it may be illegal, but does it matter? It's the intent that counts. Lots of states have similar wording. Even before there were booster laws, it would say "any child over age 4 must be restrained in a seatbelt" or similar, yet no one got ticketed for using a booster. In reality, no one is going to write a ticket for keeping kids safer than the law requires. I dare them to try. Can you imagine the backlash?

Yes what nisi said, totally agree.
 

beeman

Active member
It is my understanding that Federal laws, or the law with the highest level of safety will always be right over state/provincial where there is a conflict of wording. I'll use a law that aidensmom02 posted a while back. While there are only 2 or 3 provinces out of 10 in Canada that have a booster seat law, the federal proper use clause makes it so that they are required. So as long as the child is in a federally certified seat, and is within the height and weight parameters of the seat, it will be legal, even if they are over 8 years old.
 

Car-Seat.Org Facebook Group

Forum statistics

Threads
219,656
Messages
2,196,897
Members
13,530
Latest member
onehitko860

You must read your carseat and vehicle owner’s manual and understand any relevant state laws. These are the rules you must follow to restrain your children safely. All opinions at Car-Seat.Org are those of the individual author for informational purposes only, and do not necessarily reflect any policy or position of Carseat Media LLC. Car-Seat.Org makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. If you are unsure about information provided to you, please visit a local certified technician. Before posting or using our website you must read and agree to our TERMS.

Graco is a Proud Sponsor of Car-Seat.Org! Britax is a Proud Sponsor of Car-Seat.Org! Nuna Baby is a Proud Sponsor of Car-Seat.Org!

Please  Support Car-Seat.Org  with your purchases of infant, convertible, combination and boosters seats from our premier sponsors above.
Shop travel systems, strollers and baby gear from Britax, Chicco, Clek, Combi, Evenflo, First Years, Graco, Maxi-Cosi, Nuna, Safety 1st, Diono & more! ©2001-2022 Carseat Media LLC

Top