What do you think this carseat law means?

[thepeach80]

(2) one or more years of age but less than five years of age who weighs 20 pounds or more shall be properly secured in a child restraint device that meets or exceeds the standards of the United States Department of Transportation and is used in accordance with the manufacturer's instructions;
(3) over four years of age but less than eight years of age who is less than 57 inches in height and weighs 20 or more pounds but less than 65 pounds shall be properly secured in a booster seat that is secured by a seat belt system or by another child passenger restraint system that meets or exceeds the standards of the United States Department of Transportation and is used in accordance with the manufacturer's instructions;

 

[Qarin]

Sounds like you actually need to be 5 to use a booster (with no minimum weight), and either 57" tall, 8 years old, or 65 pounds to not use anything, and that it doesn't imply that you *can't* rear face past 12 months old, nor that you MUST booster rather than use a harness past 4 years old.

Is that your question?

 

[thepeach80]

Just debating w/ a friend what it means. This is her state law, not mine, and I was trying to clarify for them but dad is reading it differently. IMO he's doing so so he doesn't have to buy a new seat. I read it as child needed to use a harness till 5 as well. Thanks. Child in question is almost 3 and about to outgrow seat height wise and there are few choices where parents are. Tech and State Trooper in the area have told them it's o.k to use a booster at 3 b/c the box says so.

 

[pj2rc]

I don't know... The 1-4 yrs must be in an approved restraint.... I think booster technically qualifies

 

[Qarin]

I would argue that the calling out of "booster seat" in (3) would mean that NOT specifying "booster seat" in (2) means that a booster would not be acceptable.

I also suspect that if I were attempting to argue that in court in that state that I would lose. So.

 

[carseatcoach]

I suspect the intent was to harness until age 5, but the actual words do not justify that. A booster seat IS a child restraint device.

 

[kalamos23]

But you could argue that a booster is not a restraint, but a seat belt positioner...so technically they need to be harnessed until age 5.

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[carseatcoach]

FMVSS213 (the standard) classifies a booster as a child restraint system.

 

[pj2rc]

While I would like to agree my best example would be PA law, where I am. A long time ago we looked it over once on a thread here. The way it was written, it did state that restraints included boosters, and acceptable restraints were required to age 4 and 40... Actually it may have been or 40. Anyway, once 4 and 40, booster seats are the only acceptable seat... Not approved restraints. Therefore, I am actually breaking the law by having my 4 ye old who is over 40#, In a harness even though she still complies with the manufacture guidelines..... Under 4, an approved restraint, which a booster is; over 4, booster

Edit;
: I crossposted with a few of you

 

[kalamos23]

FMVSS213 (the standard) classifies a booster as a child restraint system.

Really? Wow, that is kind of odd seeing as the actual booster does no restraining.

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[thepeach80]

If 1-8 can simply use approved restraints, why even seperate them out?

 

[DahliaRW]

If 1-8 can simply use approved restraints, why even seperate them out?

Probably because the second part was an ammendment to the original law.

 

[bobandjess99]

I agree with chickabiddy. I think they may have been GOING for harnessed until 5, but because FMVSS does in fact consider a booster to be a child restraint device, I think a child who meets the requirements for any specific given booster can in fact use one starting at age 1 and 20 lbs.

 

[Cognito*]

Probably because the second part was an ammendment to the original law.

That's what OH did. They tacked the "booster law" on later.
OH law has a place where it defines "child restraint" & includes boosters in that definition. Some people read it as 4&40 to booster, but we're actually a "proper use" state.