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Jeanne Ponessa Fratello

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The Murky, Murky World of Booster Seat Laws

Posted: 01/09/12 01:46 PM ET

2012-01-06-carseat1.jpgStarting this year, California took a big step forward with its new booster seat requirement: It became one of only a handful of states that require kids to sit in booster seats until age 8 or until they reach a height of 4 feet 9 inches.

Has this new law given Californians greater clarity on car seat safety? Not exactly. At least three major news outlets reported the change incorrectly (reporting that the new law included 8-year-olds). Many parents whose 6- and 7-year-olds had already legally "graduated" from booster seats are balking about putting their kids back into the chair (even with the new threat of fines up to $475). And still more parents haven't heard of the new law, and couldn't tell you what the old one was anyway.

Welcome to yet another chapter in the murky, murky world of booster seats.

When you have a new baby, it's a given that he or she will ride home from the hospital in a rear-facing infant car seat. Beyond that, the rules get a little fuzzier. At some point your little one will graduate to a rear-facing seat with a five-point harness, and then later you'll turn the seat around so that it is facing forward. Eventually your child will switch to a booster seat (a cushion, sometimes with armrests and a backrest, that is restrained by the car's seatbelt), and later, just the seatbelt alone. When to change at each point is subject to all sorts of vagaries -- the size and weight ratings on your car seats, the weight and height of your child, and the laws that seem to vary wildly from state to state.

You can get a sense of the mishmash of rules on the subject when you look at a chart comparing state child safety seat laws. Consider this: Georgia has a requirement for children to be in some sort of seat restraint until age 8. Florida, on the other hand, has no booster seat law, and only requires children to be in some sort of restraint until age 4. So you have to be twice as old in Georgia before you can go without a child seat as you can in Florida.

But the law in Florida raises an interesting point -- Is a booster seat really necessary after the toddler stage? Can't a kid just ride with a regular seatbelt? Experts say that in many cases with younger children, a regular seatbelt does not fit properly. Some even say that kids need to be age 10 to 12 before a seat belt fits the right way.

Here's why: If the lap portion of the belt rides across a child's tummy (instead of resting on his or her upper thighs), this could cause internal damage in an accident. The shoulder belt also needs to cross the center of the child's chest, not cut across his or her neck. A booster seat literally gives a kid a "boost" so that the seatbelt sits in the right place. Although the backrest is optional, it helps stabilize your child's head and neck if he or she is not tall enough to reach the headrest.

2012-01-06-badbuckle.jpg
2012-01-06-properbuckle.jpg

(photos via carseat.org)

SafetyBeltSafe USA, a child car seat safety organization, offers the following 5-point checklist to assess if your child needs to ride in a booster seat:

1. Does the child sit all the way back against the seat of the car?
2. Do the child's knees bend comfortably at the edge of the seat of the car?
3. Does the belt cross the shoulder between the neck and arm?
4. Is the lap belt as low as possible, touching the thighs?
5. Can the child stay seated like this for the whole trip?

Even if your child meets the age requirement to ride without one, many experts recommend keeping the booster seat in place. SafetyBeltSafe USA reports that a booster seat can reduce injuries about 45 percent for children who do not fit into a regular seatbelt.

But ultimately, the decision as to whether a kid rides in a booster seat rests with the person driving the car. Some parents are super safety-conscious and will keep their children strapped in as long as possible; others are tired of dealing with car seats altogether. Using one micro-sample from our Los Angeles neighborhood, we know of at least one family that stopped using booster seats at age six, and at least two families whose 7-year-olds still ride in a seat with a five-point harness.

Are kids safer in a booster seat? Yes. Will new laws help more kids use booster seats for a longer time? Maybe, but it will take more than the current mishmash of confusing and inaccurate information. It will require a concerted and convincing campaign of the genuine safety benefits to help convince parents and kids that a booster seat can be a lifesaver.

Jeanne Ponessa Fratello writes about kids' nutrition and parenting at The Jolly Tomato.

 

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02:44 AM on 01/12/2012
I disagree with booster seat laws. If the problem they address is ill-fitting seat-belts and 30 states have strict laws to address ill-fitting seat-belts, doesnt it make sense and better safety to build a seat-belt that adjusts to accom0date shorter/smaller people? Of course that wouldnt allow states to charge fines for infractions though.... never mind.
04:25 PM on 01/11/2012
I researched this law when it came out. The main thing it does is protect kids. Studies show that many kids were falling out of their car seats. In an effort to save lives this law was updated. Anything to save a life.
08:07 PM on 01/10/2012
Until your short a** get the proper height on ya.
06:55 PM on 01/10/2012
If this is the case my 14 year old nephew (who is unusually short) would need to still be in a booster. I have no opinion so don't go hating on my comment. :)
06:07 PM on 01/10/2012
My daughter is border line as for sitting in a booster seat... In my Jeep Wrangeler she can ride in the back seat without a booster seat as the belt is right where it should be... If she were to use the booster seat in it, the shoulder strap is across her arm about 3 inches below where it should be... In my husbands car though, it is a different story.. She still has to use the booster seat as the back of the seats sit further back and the belt does not fit correctly...She is 10 yrs old, and 4 ft 7... I guess it depends on make of car and if they have an adjustable seat belt in it... oh she is 74 lbs...as well...It does get confusing, but I was told as long as belt is where it should be and their legs ( feet touch the ground) Then it was okay not to use one...Height and weight are a factor,but there are times when height outdoes the weight and in my kids cases the height beat out the weight...
05:25 PM on 01/10/2012
My parents and uncles used to let me and my friends ride on the running boards of cars in the 1950's, not on major highways but on farm roads. They would be in jail 20 years now for doing that. I played in the mountains near my house from age 6-7 up. At times, black bears were seen in those mountains, and my mother told me, "Don't mess with a bear if you see one, just go in the opposite direction." There were also copperheads and rattle snakes seen on occasion, but no kid was ever bit. We'dgo up into the woods and be gone for 4-4 hours with our parents not knowing exactly where we were.
The worse that ever happened was kids falling while climbing trees, just cuts and bruises resulting. I feel sorry, in a way, for kids these days. I know we like to protect kids, but they miss SO much by being under parental control and observation 24/7. I suppose booster seats are fine, by at what age should they stop? My Mom would give us kids rides to a swimming pool, four kids in a car. Now, she would need four booster seats. She would also leave us at the pool, tell us to listen to the lifeguard, and pick us up in a few hours. CPS would be on her big time now for that.
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06:30 PM on 01/10/2012
Thats only because people of our age respected our parents and did what we were told to do. Today's parents have not taught there kids anything so they can not be trusted to do the right thing.Thats why today people need so much intervention from the government.
07:24 PM on 01/10/2012
You are right. The bullying thing is sad, too. I was usually one of the bigger kids in my class, and if father EVER heard that I was bullying a smaller, weaker kid, it would have been VERY bad for me. No way my parents would have accepted that. My Dad told me that a bully is a coward, and no cowards would live in his house.
11:00 AM on 02/02/2012
"Today's parents have not taught there kids anything"... such as the difference between there and their? :-)

Most parents want to be their kid's buddy and are afraid discipline will make their child not like them, or they're too wrapped up in the self-centered pursuit of their own bliss to let the task of raising their children inconvenience them.
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Mr Bobo
Warriors, come out and PLAY-AY!!
05:07 PM on 01/10/2012
I just get frustrated with the constant moving of the goal posts. My 7 and 8 year-olds have graduated from booster seats and now I had to go back out and acquire a new booster even though the 7 year-old sits comfortably in the back seat with the adjustable belt.

Between the government and the insurance companies, the day isn't far off before kids will have to sit in booster seats until they are 16 or 160lbs AND wear helmets, knee pads and kidney belts. Ugh!
04:53 PM on 01/10/2012
My Grand daughter rode in a booster seat until she was 12 years old. Seat Belt Manufactures recomend 4' 9" or 4' 10" depending on study for a child to be safe in the Shoulderharnes/seat belt. She still only weighed 70 lbs at that time. She takes after her Grandfather who is 6' tall and weighs 135 lbs.
Better safe than sorry as far as kids are concerned in the car. Her mother let her ride in a seatbelt shoulder harness with out the booster seat or car seat since she was 5.
04:52 PM on 01/10/2012
Age should not be considered as it is a matter of geometry. 4' 9" is the minimum.
05:33 PM on 01/10/2012
My wife is barely 5-1, so I guess she is right on the borderline of needing a booster seat. If there must be laws on this matter, why not laws for NO cell phone use while driving, no texting, no fooling with hair, drinking coffee,. etc. MANY times, I have seen people, usually women, with kids in the car, take turns widely and cross the center line while on their cell phones. A friend was rear ended by Mom on her cell phone. Those things while driving are more dangerous than no booster seats.
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06:35 PM on 01/10/2012
RIGHT What good is a booster seat when the car is smashed by a semi truck because the mom or dad was to busy on his cell phone to stay in his own lane.
04:07 PM on 01/10/2012
My son is big for his age. He's 2 1/2 tall and 32 lbs (well proportioned). We're in NJ. He's still in the forward facing car seat (I think that's until 41 lbs) then he'll move to a booster seat. He'll out grow the boost before age 8. It looks like in NJ it's 8 and/or 80 lbs. I was 80lbs. as a freshman in HS!!! I guess by poundage NJ is thinking of the childhood obesity problem. Maybe height should be included. It might be. I call the town police to ask and the guy who answered didn't even know. From the state website it looks like the respect car seat model recommendations. In that case he's poundage out at 35 pounds and height might be ready for the booster now. I really think 8 is too old and there are Little People who are adults under 4'9"!
02:43 PM on 01/10/2012
More nanny state BS. How did I survive riding in a car with no air bags and no car seat growing up? It is the parents' business, not the government's. All these booster seat laws should be removed from the books or declared unconstitutional.
02:17 PM on 01/10/2012
ok what happens whhen you are a full grown adult and are only 4'7 i guess you have to put the adult in a boster seat
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12:43 AM on 01/10/2012
Thanks for the comment and the links, CPSTMominCA. The NHTSA guidelines are clearer, no doubt, although I don't know many parents who have seen them or have checked them out before deciding what to do with their booster-seat-aged kids. Coincidentally, I just returned from my son's 8-year-checkup at the doctor, and part of the standard recommendation for 8-year-olds was "Keep child in a booster seat until 4 feet 9 inches" - so it sounds like the AAP (unlike NHTSA) is sticking to a strictly height-based standard.
07:52 PM on 01/10/2012
I live in Wisconsin, and it is the law. 4'9 or 80 (90?) pounds. Neither my 9 or 11 year old fit this bill yet. What matters to me, is that I DO NOT WANT MY CHILD TO DIE!!!! I also grew up in the 70's and never wore a seat belt until I was 16 and my parents made me. I did plenty of unsafe things. I have known people whose children have died in car seats, and lived in car seats, but I think that studies have shown that they are safer with, than without. It is same with the "Back to Sleep" initaltive. I didn't die sleeping on my tummy, but the incidents of SIDS has dramatically decreased. And yes, I am a social worker and trust me, CPS has NO time to get involved in this issues....their time is spent on kids that are horribly abused and neglected.
03:31 PM on 01/09/2012
"Starting this year, California took a big step forward with its new booster seat requirement: It became one of only a handful of states that require kids to sit in booster seats until age 8 or until they reach a height of 4 feet 9 inches."

If one of only a handful means one of over 30 states that already have booster laws equal or greater to CA. See the yellow and orange states in this map of booster/restraint laws for our country.
http://www.iihs.org/laws/mapchildrestraintagerequirements.aspx

To me this shows that the majority of states in our country understand that boosters are needed for CHILDREN to fit properly in ADULT seat belts. And it is really not confusing at all - if different states "seem" to have different rules, follow NHTSA guidelines - These guidelines match better to the Laws of Physics that don't change at state lines.

http://www.nhtsa.gov/staticfiles/nti/pdf/NHTSAcarseatrecommendations.pdf