Question State Laws Requiring CORRECT use of seat according to Manufacturer?

U

Unregistered

Guest
Hello, I think I've heard *somewhere* that State Laws DO require that car seats & boosters be used CORRECTLY in accordance to the manufacturer's instructions. IS THIS TRUE? What I'm trying to say is, if a booster seats instruction manual says that it's for use with a child weighing a minimum of 30lbs (example) does the Law require us to follow those specifications?

Speaking for myself, my 3 youngest are 7yrs. & in a Radian 80 (wish I had purchased a 65, as she's about 1.5" from outgrowing the 80 by height, she's approx. 45lbs.), my *almost 4 year old* is RF in a Radian 65 (she's about 32lbs, 38". sadly, I'll have to FF her soon) & my 22m old is RF in a Radian 65 (she's approx. 28lbs, 34").

The REASON for my question is b/c I have a "friend" ( I use the term lightly) who is using a high back booster with her tiny(!) son who won't be 3 until Jan or Feb. This child is tiny, approx. 23 lbs. She CONTINUALLY risks her children's lives while driving, to the point where I've called the State Patrol once & will not think twice about doing it again. Yes, I have talked to her, given her info, showed her videos, but she just doesn't get it. She is the mom of 8, ranging in age from 1-20. She has a 30 lb 6 year old (mild CP, very obvious left-side deficiancies) who uses just a lap belt & a 30 lb 4 year old who *might* be in a HB booster. Also, yesterday, I saw them driving their 12p van with her infant daughter in the infant bucket sitting on the floor b/t the driver & front passenger seats. As if that wasn't bad enough, she had taken her sleeping 2 yr old out of the hb booster and held him sleeping, cradled in her arms while her dh drove out of our church parking lot. After all, she couldn't just leave him in the seat b/c he was literally laying on his side, slumped over, sleeping, out of the booster. It was a horrific sight! I know this b/c I peeked into her van window while I was getting my kids buckled in.

LONG post, I know, & I've GOT to stop OBSESSING about this & get busy on housework!!!
My "friend" is enough to drive me INSANE & I feel bad about reporting her but somebody has to look out for her kids' safety, & it goes beyond car seat safety.....

Any advice would be appreciated, or *new ideas* that i haven't tried. Also, if you know about the possible STATE LAW (WE'RE IN MN.)....... but thanks for listening to my VENT!

~ Mom to 2 boys 3 girls, expecting #6 in July 09. ~
 
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DaniannieB

Ambassador - CPS Technician
I think the proper use clause, it's interpretation, and it's enforcement varies by state.

I live in WY. One of my CPSTIs is a state highway patrol officer. He said that if he pulls someone over whose children are not properly restrained, he educates them and helps them correct the misuse. If they are unwilling to correct the misuse or be educated, he tickets them for a child restraint violation. What he'll ticket for depends on what area of the state is and which judge he thinks will get the case if it goes to court. Some judges will take the proper use very literally, whereas others won't uphold it unless the misuse was grossly neglegent.
 

bobandjess99

Senior Community Member
yes to what has been said. My state technically has a proper use clause, but most cops wouldnt have any clue what "proper use" even is, much less how to enforce it. *IF* the person were pulled over by one of the few actual CPST's, then maybe gross misuse would be noticed and action taken....but for the most part, as long as the family has a carseat, anything goes.
 

tanyaandallie

Senior Community Member
I don't think the average police officer will ticket for proper use, but your friend doesn't need to know that! If your state requires proper use, I'd tell her about it! Given what you have said about her already, my guess is it won't sway her. Unfortunate b/c her poor babies are at risk!
 

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