New Texas Occupant Restraint Laws Effecting Both Children and Adults Started 9/1. Some Confusion.

Connor's Mom

New member
Several new auto laws went into effect here in Texas yesterday. While I see this as a large step in the right direction I do believe that they could have been better.
I guess I am still confused about one thing though. It says below that it changed the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver. So, does that mean that the CPS laws apply as far as having to have children under 8 years/ 4'9" tall in a booster or car seat in day care transport vans? The legal definition of a "passenger vehicle" per Texas law is a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor.
New laws in their entirety:

Seatbelts:
HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.

SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.

Driving:
HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.

HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.
 
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Pixels

New member
From what you've posted, it does seem that day cares are not exempted from CPS laws. You would have to check the section of laws regarding day cares to see if there's an exemption in there, though.
 

jhomuth

New member
This is a great thing. I do have a question though. Do you know if there is a minimum age/weight for parents to move their children from a harnessed carseat to a booster?
 

Connor's Mom

New member
It looks like they are going with "proper use," like many other states have. Link.

This is correct. It simple states a "child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height". Which means that you can legally put your 4 year old 30 pounder in a booster. :(
 

carseatcoach

Carseat Crankypants
Actually, you can legally put your 3yo/30# child in a booster, since those are the minimums for most boosters.
 

tanyaandallie

Senior Community Member
I think that chart is approximations and suggestions, not law.

Agreed. There is no 1 and 20 lb for rf nor is there a minimum age for a booster. Most states don't have a minimum for boosters. I'm beyond thrilled with the new laws. Finally our state has taken some HUGE steps to keep everyone safer in the car. Finally getting 15 passenger vans included is a huge step imo. It will force daycares to comply. Adults and children are all safer in Texas now!!! Folks may not comply immediately but they will eventually. I have had a few friends put their little one's back in boosters becuase of the law. YAY!
 

mburks26

New member
got a dumb question
who gets the ticket if you are over 15 or 17 yrs of age and in back seat with out a belt? Half my family will not wear a belt in the back. Is it the driver or the person who is not wearing the belt?

it sucks that they still allow the if all belts are full and you have more people in the car its ok for them to not use seat belts. 4 seater car can have 5 people still and 1 does not have to have a belt.
 

bobandjess99

Senior Community Member
got a dumb question
who gets the ticket if you are over 15 or 17 yrs of age and in back seat with out a belt? Half my family will not wear a belt in the back. Is it the driver or the person who is not wearing the belt?

it sucks that they still allow the if all belts are full and you have more people in the car its ok for them to not use seat belts. 4 seater car can have 5 people still and 1 does not have to have a belt.

It depends on the state. In my state, which is indiana, any MINOR in the car (a person under age 18) is the responsibility of the DRIVER..which means if your 17 yo sibling won't buckle up, they don't ride with you, because if you get pulled over, YOU get a ticket for unrestrained passenger. If the person not wearing a belt is a legal adult, they get the ticket personally.
 

CTPDMom

Ambassador - CPS Technician
got a dumb question
who gets the ticket if you are over 15 or 17 yrs of age and in back seat with out a belt? Half my family will not wear a belt in the back. Is it the driver or the person who is not wearing the belt?

it sucks that they still allow the if all belts are full and you have more people in the car its ok for them to not use seat belts. 4 seater car can have 5 people still and 1 does not have to have a belt.

But the law does NOT say you have to let that happen!

In your car you can choose not to transport anyone without a seat belt on.

And you can choose not to travel in a vehicle with an unrestrained passenger.

:twocents:
 

tanyaandallie

Senior Community Member
But the law does NOT say you have to let that happen!

In your car you can choose not to transport anyone without a seat belt on.

And you can choose not to travel in a vehicle with an unrestrained passenger.

:twocents:

Agreed. My inlaws where here recently and they are not seat belt wearers. I very cheerfully said, ok, gma and gpa, make sure you buckle up. I'm sure they think I'm a bit nutty but I don't care. I don't want them becoming a projectile in my car and killing my kiddos.
 

Pixels

New member
I'm sure they think I'm a bit nutty but I don't care. I don't want them becoming a projectile in my car and killing my kiddos.

Yup. I have asked a person I had JUST met to buckle up because of this. Something was said about him not wearing his seatbelt, and he said something to the effect of not caring (about himself). I pointed out that he would be a projectile and that he was sitting right next to my RFing daughter, and he buckled without complaint. He didn't care about himself but he did recognize that he was endangering others in the car, once it was pointed out to him.
 

Pixels

New member
who gets the ticket if you are over 15 or 17 yrs of age and in back seat with out a belt? Half my family will not wear a belt in the back. Is it the driver or the person who is not wearing the belt?

ETA: The following is under the old law. The original post indicates that it is now the law that all occupants must wear the belt, regardless of seating location.

Law.

The driver is at fault if a person under the age of 17 is sitting in a position with a belt and is not wearing it.

A person who is at least 15 years old and in the front seat must wear a seatbelt. In this case, the person is responsible, not the driver (unless it's the driver not wearing the belt).

So if you put those two things together, a 16 year old not wearing a belt in the front seat, both the driver and the 16yo are responsible. Both can be ticketed.

Over age 17, in the back seat, it's not required by law to wear the belt. At least not as far as I can find.
 

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