CA Car Seat and Seat Belt Laws—A Legal Perspective
California’s car seat and seatbelt laws impose specific requirements to keep drivers and passengers safe.
However, a car seat or seatbelt ticket can quickly add up to steep fines and insurance penalties. If you're ticketed while driving in Mammoth Lakes or the Bridgeport area in CA, knowing these laws can help you avoid unnecessary expenses and legal trouble.
California’s Child Car Seat Laws
The law requires children under eight to be secured in the back seat unless there are no rear seats unoccupied by a child eight or below.
Due to the force projected by an opened airbag, it is safer in the backseat.
They must also be in a child restraint system that suits their age and weight. Traffic law defines an "appropriate" system as one that meets state standards, including rear-facing, forward-facing, and booster seats, depending on the child’s size.
Rear-Facing Car Seat Requirements
Children two years old or younger must sit in a rear-facing car seat until they reach at least forty pounds and forty inches.
This standard ensures the highest level of protection for young children. Parents must use these seats according to the manufacturer’s directions, including properly securing safety belts and shoulder straps.
Forward-Facing Car Seat Requirements
Traffic law states that children may transition to a forward-facing car seat after they are two years old, weigh at least forty pounds, and are forty inches tall.
Just as with rear-facing seats, parents should follow all instructions provided in the car seat manual to ensure proper installation. A car seat or seatbelt ticket could be issued for failing to follow these traffic laws.
Booster Seat Laws
Children can switch to a booster seat when they outgrow the height and weight requirements of forward-facing seats.
Most manufacturers recommend booster seats for children who weigh 65 pounds or more. A car seat or seatbelt ticket can be issued if a child rides without a booster seat when required, and fines for non-compliance start at around $150 for a first offense and increase to about $260 for subsequent violations, which could happen with the same stop.
All fines are cumulative, and since these are moving violations, the DMV will assess Negligent Operator Treatment System (NOTS) points, which will likely mean a rise in insurance premiums.
Losing their “good driver’s discount” of 20% and the additional risk of typically 10 to 12% could cost the average California driver nearly $700 annually in increased premium for full coverage.
Depending on their renewal schedule, this increase could last 36 to 39 months while the conviction stays on their driving record.
When Can a Child Sit in the Front Seat?
Traffic law allows children under eight to ride in the front seat only under specific circumstances.
These include instances when the vehicle lacks rear seats or if other children occupy all available rear seats. If a rear-facing seat is necessary, it must not be placed in front of an active airbag. Violating these requirements can also result in a costly car seat or seatbelt ticket.
Seatbelt Laws for Older Children
Once children outgrow child restraints, seatbelt law requires anyone eight years or older must wear a seatbelt while riding in a vehicle. Passengers 16 years and older must also comply with this requirement.
According to the National Highway Traffic Safety Administration, wearing seatbelts saves lives, and a ticket for failure to wear one includes fines and DMV NOTS points.
Penalties for Car Seat or Seatbelt Violations
A car seat or seatbelt ticket in Mono County, CA, may seem minor, but penalties add up.
Ignoring a ticket for a car seat or seatbelt violation can lead to more severe consequences. Failure to appear (FTA) in court or otherwise the tickets is considered a violation of CA Vehicle Code (VC) 40508, Release Upon Promise to Appear, is a misdemeanor crime in California and carries potential jail time, probation of up to three years, and/or a fine of up to $1,000.
Do not ignore a traffic ticket in CA, and always consult a traffic attorney before pleading guilty and paying the fine.
Legal Defenses for Car Seat or Seatbelt Violations
There are possible defenses if you receive a car seat or seatbelt ticket.
For instance, if an emergency prevented using a child restraint system or a medical condition made compliance impractical, you may have grounds for contesting the ticket.
Additionally, if the child's parent or legal guardian was a passenger, the driver might not be held liable.
Likewise, if someone providing temporary childcare, other than one of the parents, must transport the child for emergency medical care, they may not be held responsible.
Other situations could exist, so you should consult a traffic attorney before you pay the fine.
Understanding and following these laws in Mono County can protect your family and finances from the impacts of a car seat or seatbelt ticket.
Consult with Bigger & Harman About a Car Seat or Seatbelt Ticket
If you need assistance resolving a car seat or seatbelt ticket in Mammoth Lakes or Bridgeport Courthouse in Mono County, contact Bigger & Harman, APC, at (661) 349-9300—Se habla Español 349-9755.
You can also contact us online using our contact form or email us at attorney@biggerharmanlaw.com.
References:
CA VC Section 27360, Child Safety Belt and Passenger Restraint Requirements.
CA VC Section 40508, Release Upon Promise to Appear.
The Bankrate.com article, Average cost of car insurance in CA for 2024.