What Is California’s Booster Seat Law? An In-Depth Guide

When parents and caregivers go on the road, one of the things they must always ensure is the safety and well being of their children. In California, there are several booster seat laws that are designed to reduce injuries and the number of fatalities in the event of a car accident that involves children. While these laws may differ from state to state, it is important to understand and follow these regulations, especially if you are a parent or caregiver because if you are caught violating any California car seat laws then you will be subjected to a variety of fines and penalties. 

What Is the Car Seat Law in California?

California’s car seat laws are outlined in California Vehicle Code 27360 and states that children under the age of 8 must be properly secured in a car seat in the backseat of a vehicle. For infants and toddlers, they must be secured in a rear-facing car seat that is appropriate for them in terms of height and weight limits set by the car seat manufacturer. The only exception to this rule is unless they weigh 40 pounds or more, or are at least 40 inches tall. Failure to comply with this law will result in a series of fines and penalties that will be issued by the on-duty officer. With that in mind, it is important that you purchase a car seat that is durable and functional.    

Why California Car Seat Laws Matter

According to the Child Restraint Safety Report from the National Safety Council, car seats reduce the risk of fatal injuries by 71% for infants (Ages 1 and younger) and by 54% for toddlers (Ages 1 to 4) in passengers vehicles, and for light trucks the percentages is calculated around 58% and 59% respectively. Considering how young children are physically different from adults, their bones, muscles, and organs require more protection than what a standard seat belt can provide. As such, it is crucial for parents to utilize car seats for their children, because if they do not then the chances of their child sustaining a serious or fatal injury in the event of a car accident increases tenfold. 

Is It Illegal to Use an Expired Car Seat in California?

To many people’s surprise, car seats can expire and if they are not careful then parents and caregivers may unintentionally harm their child in the event of a car accident. While California law does not specifically address the usage of expired car seats, it is strongly discouraged because it can endanger your child while they are on the road. 

Car and booster seats tend to last anywhere between six to ten years and they can expire in the sense that the material used will eventually degrade from standard wear and tear. In addition, car seats are constantly being upgraded and manufactured differently in order to meet federal safety standards. So while it is not explicitly illegal to use an expired booster seat, doing so could potentially place many people in danger. 

When Can My Child Sit in the Front Seat in California?

In California, children must ride in the back seat until they are at least eight years old. However, according to California Vehicle Code 27363, exceptions can be made if all of the rear seats are occupied or if the vehicle itself does not have a back seat. While the law does allow children to sit in the front seat after they turn eight years old, local law enforcement recommends that children continue to sit in the back seat until they are at least 13 years old for safety reasons. 

One of the biggest reasons behind this recommendation is the fact that airbags inside a car are specifically designed to protect adults from sudden impacts and force and should a child under 13 get hit with an airbag in the event of a car accident, they are likely to experience a range of injuries such as whiplash, spinal injuries, and possibly even head injuries. 

When Can a Child Stop Using a Booster Seat?

Children can stop using the booster seat when they either turn eight years old or reach a height of 4 feet 9 inches. Once they reach that point, they can either transition to regular seat belts that fits them appropriately and correctly. According to the National Highway Traffic Safety Administration, a proper seat belt fit means that the lap belt is lying snugly across the upper thigh and not their stomach, and the shoulder belt should rest across the chest and shoulder and not the neck or face. However, considering that there are different types of vehicles and models on the road, it is important that you take a moment to ensure that the child is properly buckled up or else they may sustain serious injuries in the event of a car accident. 

Can My Child Ride in Uber Without a Car Seat in California?

Whether your child rides in an Uber or a personal vehicle, if they are under the age of eight, they must use a car seat or booster without exception. In the cases of rideshare services such as Uber or Lyft, the parent or guardian must have or bring a car seat for their child if they are to use a ridesharing service. However, in the event that the parent/guardian does not have direct access to a car seat with them, there are Uber and Lyft drivers who carry booster seats with them in the event of such a scenario. While this is not indicative of every rideshare driver on the road, the option to book a driver who carries a car seat is available on the app so parents are able to ensure the safety of their children when they are traveling from place to place. 

How Much Is a Ticket for Not Having a Child in a Car Seat in California?

If you are caught violating California’s booster seat law, it can result in a series of fines and penalties that can not only affect your driving record, but your ability to take care of a child. According to California Vehicle Code 27360.6, the first offense will result in a $100 fine that can be waived or reduced if the driver proves that they are economically disadvantaged, but in such cases, the court may have the defendant attend an educational community program that teaches proper child restraint installation and they must provide proof of completion to the court. 

For repeat offenses, the fine will be increased to $250 and this fine cannot be waived unless the driver proves that they are economically disadvantaged. Similarly to the first offense, the attendance of an educational program can replace the fine, but the driver must prove completion of the program. If there is no educational program within 50 miles of the driver’s residence then the requirement to attend the program is waived. If the driver does not pay the fines or attend the educational program then they are susceptible to additional fines that may lead to their driving privileges being suspended. 

What Should I Do If I Have Been Ticketed for a Car Seat Violation?

If you have ticketed for a car seat violation it is strongly recommended to pay the associated fines or attend an educational program about proper car seat installation to avoid any further fines and penalties. As California’s car seat laws were introduced to protect children and infants from hazards on the road and in the event of a car accident, it is vital that you follow these laws to ensure that your children are safe and secure. 

However, if you have been involved in a car accident and would like to seek legal representation regarding the matter, then West Coast Trial Lawyers is here to help. Contact us today by calling (213) 927-3700 or by filling our contact form to schedule a free consultation with our compassionate and talented legal team.