Although you might see small children in a car that aren't restrained, there are laws in all 50 states that require them to be properly restrained with either a car seat, booster seat or seat belt depending on their age, weight and height. Using a suitable child safety seat helps to keep your children from being harmed should you get into an accident. Booster seats are used with children at least 3 to 4 years old and 40 lbs., and can be either backed or backless. The National Highway Traffic Safety Administration (NHTSA) recommends that all children under 13 be seated in the back seat and be properly restrained, with those under 57 inches tall using booster seats that position them so the seat belt fits them properly across the thighs and chest.
History
Car seat use was not required by law until the late 1970s, with booster seat regulations not being specified until 2000 when Washington passed the first booster seat law. As of 2007, 38 states and the District of Columbia had passed booster seat laws. According to Inventive Parent, child safety restraint laws are becoming more comprehensive, with a trend between 2003 and 2006 of an increase in the minimum age before a child can use only an adult seat belt. Many states, including Maine, Tennessee, Wisconsin and Illinois, require children to be 8 or older to use the adult seat belt.
Types
Booster seat regulations require the use of such seats up to a certain age or a certain weight or height. Stricter regulations require a child to meet age, weight and height requirements. Some laws require the booster to be in the rear seat, and some allow certain types of vehicles to be exempt. Laws can either be primary, meaning a person can be stopped for that offense, or secondary, meaning that only those stopped for other reasons can be charged with an offense.
Least Strict Regulations
Florida has one of the least strict laws with regard to child restraint, requiring children under 3 to be in a child seat and those 4 to 5 to use seat belts, according to the Insurance Institute for Highway Safety. Of those with booster seat regulations, Oklahoma, Nebraska, Maryland, and Iowa only require a child to be 6 to stop using a booster seat.
Strictest Regulations
Tennessee and Wyoming require the use of booster seats until 9 years of age, with Tennessee requiring children to also be at least 60 inches tall and Wyoming requiring them to be at least 80 lbs. before graduating from booster seats to an adult seat belt. Both laws are primary enforcement. Tennessee exempts public transportation vehicles, while Wyoming allows no exemptions.
Penalties
Michigan has the lowest penalties for offenses, charging just $10 for a first offense, as of 2010. South Carolina has one of the highest penalties, charging $150 for first offenses. In Nevada the fine can be from $100 to $500, with first offenders being offered the option of community service instead of the fine. New York and California both have fines of $100, plus points.
