South Carolina Law?

Gypsy

Senior Community Member
Here is the page
http://www.buckleupsc.com/cps/laws.htm

Does this law allow children under 40 pounds to use a booster seat?

Another tech and I are in disagreement about the wording of the law.

Don't think about best practice (we are both stressing that), think about the actual wording of the law.

At what age or at what weight can a booster seat be used LEGALLY?

Thanks!
 
ADS

BookMama

Senior Community Member
This is more than you asked for, but I would interpret it as -

RF until 1 yr AND 20 lbs
Under 6 and less than 40 lbs = harnessed seat
Over 40 lbs and over 1 year = booster is legally OK (I assume HWH is OK too, LOL)
6+ = no child restraint required
 

MomToEliEm

Moderator
Does forward-facing child safety seat = harnessed seat? I didn't see that definition in the wording, but it may be defined somewhere else to mean a harnessed seat.

From my interpretation of the wording, a 39lb child would have to be harnessed until they were 6 years old unless the child could fit properly in the seat using just a seatbelt alone ("If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.")
 

BookMama

Senior Community Member
"If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt."

Gotta say that I've NEVER seen a child under 6 who could do that. :twocents: But I agree with your interpretation.
 

carseatcoach

Carseat Crankypants
I am the other tech and I am basing my interpretation on Section 56-5-6410(5), which reads in part: "Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

The law requires a forward-facing child safety seat, but does not specify a harnessed seat, and later states that any NHTSA-approved seat will meet the requirements.
 

Defrost

Moderator - CPSTI Emeritus
It looked to me like "child seat" meant "harnessed seat," since they used that same term for the RF seat (which is clearly NOT a booster), and used a completely different term ("belt-positioning booster") for a booster seat.
 

Defrost

Moderator - CPSTI Emeritus
I am the other tech and I am basing my interpretation on Section 56-5-6410(5), which reads in part: "Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

The law requires a forward-facing child safety seat, but does not specify a harnessed seat, and later states that any NHTSA-approved seat will meet the requirements.

Oh, I just read the rest and now I'm not sure. The first part isn't the actual law, it's just paraphrasing? Lemme go re-read it again...

Okay, this is the relevant part:
A child who is at least one year of age but less than six years of age

That would be kids ages 1-5...

and who weighs at least twenty pounds but less than forty pounds

Kids age 1-5 years who weigh between 20 and 39.9 lbs...

must be secured in a forward-facing child safety seat provided in the motor vehicle which meets the standards prescribed by the National Highway Traffic Safety Administration.

Well, since NHTSA standards pass booster seats for kids under 40lbs, then I'd say yes, this law says kids under 40 can use boosters.
 

BookMama

Senior Community Member
I am the other tech and I am basing my interpretation on Section 56-5-6410(5), which reads in part: "Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

The law requires a forward-facing child safety seat, but does not specify a harnessed seat, and later states that any NHTSA-approved seat will meet the requirements.

That interpretation would mean that a NHTSA-approved booster would be legally OK for any child over 1 and 20, wouldn't it? (Not attacking you, just saying what I think that interpretation would mean.)

It looked to me like "child seat" meant "harnessed seat," since they used that same term for the RF seat (which is clearly NOT a booster), and used a completely different term ("belt-positioning booster") for a booster seat.

That's what I took it to mean.

It's hard when these laws are written by people who don't speak "car seat." They just don't get all the terms and nuances right. Same thing with newspaper articles - I love all the articles I've been seeing since the new booster law passed in Michigan, but often find myself cringing at the use of the car seat terms/language. :twocents:
 

carseatcoach

Carseat Crankypants
Unfortunately, yes, my interpretation would be that 1/20 could use a booster if the manufacturer did not have a higher requirement.

I do agree that may not have been the INTENT of the lawmakers, but it is how I read what is written.
 

Defrost

Moderator - CPSTI Emeritus
Okay, let's add this to the mix. NHTSA terms.

Child Safety Seat/Child Restraint: A crash tested device that is specially designed to provide infant/child crash protection. A general term for all sorts of devices including those that are vests or car beds rather than seats.
 

BookMama

Senior Community Member
Hmm, is there a proper use clause? (Didn't notice it ... no time to go back and look ... ) If not, and going by the NHTSA terms that Debbie just posted, a car bed would be legal for a 3YO ... a vest legal for a 1YO ... etc. Or a booster for that 1 AND 20 child, regardless of how far over 20 they are.

I know that's not what they mean, but technically, if there's no proper use clause ...
 

carseatcoach

Carseat Crankypants
The law requires that children under 1 be "properly secured", and "appropriate child passenger restraint system" provided for all.
 

groovymom2000

New member
I'm in SC--I can tell you that most parents certainly interpret the law to mean that a booster can be used. Usually a backless :rolleyes:. Most of the techs that I have had experience with have little to no hwh seat experience, although there are more of them around now, and most of the children that I see are in a backless by the age of 3, if not sooner. By 6 most are not in a seat at all, and usually not even buckled in(although their parents are, which makes me loony :mad:).
 

Gypsy

Senior Community Member
If a booster was allowed under 40 pounds the law would read "child safety seat or booster".

I still interpret the law to read that kids 20-39.9 pounds should be in a harnessed seat.
 

Momof4Girls

New member
I am the other tech and I am basing my interpretation on Section 56-5-6410(5), which reads in part: "Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

The law requires a forward-facing child safety seat, but does not specify a harnessed seat, and later states that any NHTSA-approved seat will meet the requirements.


No word on expired seats...so long as it was NHTSA-approved at the time it was created :(

Raechel
 

zactayaus

Well-known member
I would have to agree with th OP. They have definetly distinguish the seats as being a "forward-facing child seat" (ie harnessed seat) and a "belt positioning booster seat". Other wise it would have read "children 1-5 years old weighing 20-40lbs must be restrained in either a forward-facing child seat or belt-positioning booster seat" which it definetly does not.
 

BookMama

Senior Community Member
If a booster was allowed under 40 pounds the law would read "child safety seat or booster".

I still interpret the law to read that kids 20-39.9 pounds should be in a harnessed seat.

I agree that that is the intent of the law. As for technicalities based on what they've actually written, well, I don't know. It's hard to interpret, really. But I'd interpret it the way I said in my first post. :)
 

Car-Seat.Org Facebook Group

Forum statistics

Threads
219,655
Messages
2,196,895
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