NY booster law, "and" or "or?

Jackie010307 · May 20, 2013

I believe it's 4 years OR 40lbs but I just want to make sure. Just to note, I would not personally put a 4 year old in a booster but working with car seats I have already been asked several time already. I do explain about impulse control and that putting a 4 year old in a booster might not be a good idea, depending on the child, but there are still parents out there that care more about the law than the best practice. I really would like the law to be worded with and so that more children would be harnessed longer, but I'm doubting it's that way.

mommyfrog · May 20, 2013

It appears to be or. It says up to age 4 must be in a child safety seat unless they are more than 40 pounds, then they can use a booster. Then it says 4, 5, 6, and 7 year olds must use child retraint restraint device appropriate for their size. Eight and up can use the seat belt, but they recommend using a booster to 4'9" or 100 pounds.

bpirof · May 20, 2013

I thought it was and but maybe I'm wrong...

Brianna · May 20, 2013

Every child under age 16 in the vehicle must use a safety restraint. If under age four, he or she must be properly secured in a federally-approved child safety seat that is attached to a vehicle by a safety belt or universal child restraint anchorage (LATCH) system. A child under age four who weighs more than 40 pounds may be restrained in a booster seat with a lap and shoulder belt. A child of age 4, 5, 6 or 7, must use a booster seat with lap and shoulder belt or a child safety seat (The child and safety restraint system must meet the height and weight recommendations of the restraint manufacturer.)

http://www.dmv.ny.gov/broch/c-1.htm

Unfortunately, it is 4 or 40.