Booster seat laws vary from state to state
Recent changes to booster-seat laws in Kentucky, Massachusetts and Michigan expose the hodgepodge of state rules that govern the use of safety seats by children older than four. The states are uniform in their requirement that children use a car seat until they outgrow front-facing child restraints, usually around the age of four and 40 pounds. But at that age and size kids are still too small to ride safely using only the vehicle's seats belts, which are constructed to fit adults. Booster seats elevate children to a height where they can wear the car's belts correctly.
As many as one half of children ages 4 to 7 are not properly protected when riding in a car, according to a study conducted by the National Highway Traffic Safety Administration. In the study, 35 percent of children were prematurely using the car's seat belts without a booster and 15 percent were unrestrained— meaning not wearing a seat belt at all.
Not every state has a booster seat law. And even states that have passed laws fail to agree on what age, size or weight a child should be to graduate from a child restraint to car seat belts. New laws in Massachusetts and Michigan, for example, require children younger than eight or smaller than 4-feet, 9-inches to use booster seats. Kentucky's new law, however, only requires kids younger than seven and shorter than 4-feet, 2-inches to be belted in a booster.
With such a variety of state laws, it's hard for a parent to know what to do. Jennifer Stockburger, program manager for vehicle and child safety at Consumers Union, says it's good to acquaint yourself with the laws in your state and others if you are planning to travel. At CU, publishers of Consumer Reports, we recommend that you follow these four rules for determining whether your child is ready for adult seat belts rather than following your state's law alone.
- Make sure the shoulder belt lies across the chest and shoulder blades and away from the neck.
- Position the lap belt across the hips and upper thighs and not across the abdomen.
- Make sure the child's back is against the seat back and that his knees bend comfortably over the seat cushion without needing to slouch.
- Your child should be able to sit in that position comfortably for the duration of the trip.
Stockburger notes that children who are moved to adult belts prematurely too often suffer neck and abdominal injuries in car accidents.
CU is not alone in advocating that children remain in booster seats until they're ready for adult belts. NHTSA recommends that children stay in booster seats until they are at least eight years old and 4-feet, 9-inches. So does the American Academy of Pediatrics, which has a guide to child restraints on its Web site. Consumer Reports' Babies & Kids blog has a helpful timeline that parents can follow for proper car seat use for growing children.
Posted by: Donnarae | Sep 1, 2008 4:47:13 PM
If MA has the strictest seat belt laws then why don't (My biggest pet peeve) School busses have seat belts????
Posted by: Mike | Aug 26, 2008 4:57:25 PM
In answer to Alicia's question below, I believe if you are pulled over by law enforcement, you are subject to the laws of the state. If you know you are going to visit another state, visit the states Office of Highway Safety (or similar department) and see the requirement.
For example, here in Georgia, the link is http://www.gohs.state.ga.us/safetyseatlaw.html
Posted by: Ashley | Aug 23, 2008 10:57:50 AM
My son is almost five and very tall for his age, but he is also very slight through the shoulders. I am trying to find a booster that works because he is growing out of his car seat. None of the CR recommendations are working for me. I'm wondering why you don't offer information on more booster seats? Also, the Cosco Protek is nowhere to be found. Do you have any information on the Pronto?
Posted by: Barbara Clowers | Aug 21, 2008 11:54:51 PM
What about short adults? I have a friend who is 4' 10" tall. I am 5' 4" and every seat belt saws my neck and is uncomfortable. I'd love to have an adjustment that lowers the position of the shoulder belt more than what is currently available. Going back to short small adults--according to the safety experts they shouldn't sit in the front seats at all, meaning it is unsafe for them to drive! Are there safety standards that require cars (trucks, vans, RVs, mini-vans) to adjust the velocity of air bags so they are not a danger to small adults? To be effective in saving lives, not killing the passengers, air bags need to be easily adjustable.
Here are two related safety concern that are being ignored: Having small children in the car without another adult present, is more distracting and more dangerous than talking on a cell phone. I will respect the laws about cell phone use in a vehicle when the law requires an adult besides the driver to be present when operating any vehicle with children small enough or young enough to require a car seat.
The current laws requiring the use of hands free devices while using cell phones while driving does not necessarily make cell phone use any safer. All too frequently, trying to answer a cell phone with a handsfree device is more difficult, more distracting and more dangerous than putting your cell phone to your ear. The handsfree options have to work a lot better for them to actually be safe. If 'handsfree' is mandated, all cell phones need to meet a regulated standard for easy of use and quality of transmission. The same standards need to apply to aftermarket products. Currently, the consumer cannot purchase a cell phone with known and reliable handsfree features.
Posted by: Michael Paine | Aug 20, 2008 6:44:23 PM
Australia recently reviewed the variations to child restraint laws amongst its States. See the report at:
http://www.ntc.gov.au/filemedia/Reports/ARRAmendments07DraftRISMay2007.pdf
( http://tinyurl.com/3y44lr )
Posted by: Alicia | Aug 20, 2008 5:41:29 PM
If you are driving in a car and crossing through states, are you (and your children) subject to the laws of the state you are going through or the laws of the state your car is registered in? How are you expected to know the laws of other states?
I believe I live in the state with the strictest child seat laws (MA), but what if another state changes their laws, how am I supposed to know that if I'm just visiting?
What about taxis? Am I allowed to take my children in taxis without a carseat? Is it safe?