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New Jersey
39:3-76.2a Child passenger restraint system;
booster seat, use; failure to use not contributory negligence; inadmissibility
in evidence.
1. Every person operating a motor vehicle, other than a school bus, equipped
with safety belts who is transporting a child under the age of eight years and
weighing less than 80 pounds on roadways, streets or highways of this State,
shall secure the child in a child passenger restraint system or booster seat, as
described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat.
If there are no rear seats, the child shall be secured in a child passenger
restraint system or booster seat, as described in Federal Motor Vehicle Safety
Standard Number 213 . In no event shall failure to wear a child passenger
restraint system or to use a booster seat be considered as contributory
negligence, nor shall the failure to wear the child passenger restraint system
be admissible as evidence in the trial of any civil action.
L.1983,c.128,s.1; amended 2001, c.244, s.1.
39:3-76.2c. Informational material
The Division of Motor Vehicles shall print such materials as to adequately
inform the public about the types of child passenger restraint systems meeting
federal motor vehicle safety standards. These materials may be made available
to car dealers, parent groups, hospitals and the general public.
9/05
New York
http://www.nysgtsc.state.ny.us/boost-new.htm
NEW YORK STATE CHILD PASSENGER RESTRAINT LAW
Beginning March 27, 2005 -
Children ages 4, 5,and 6, riding in any seating position of a motor vehicle will
be required to be restrained in an appropriate child restraint system.
What does "child restraint system" mean?
A child restraint system is any device, used in conjunction with safety belts,
designed for use in a motor vehicle to restrain, seat, or position children and
meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213.
What are they?
It may be a child safety seat or harness/vest or booster seat. (The vehicle's
safety belts are not a child restraint system.)
What does "appropriate" mean?
An appropriate child restraint system is one that meets the child's height,
weight, and size according to the manufacturer's recommendation for that
restraint system.
What is the fine for a violation?
Fines will range from $25 to $100 for violations.
What is the occupant restraint law for children who are under the age of 4?
Children under the age of 4 are required to be restrained in a federally
approved child safety seat when riding in a motor vehicle. If the weight of a
child under the age of 4 exceeds 40 pounds, the child may be restrained in an
appropriate child restraint system, allowing the child to use a booster seat.
Does the new law apply to school buses?
No. However, children under the age of 4 must be restrained in a federally
approved child safety seat when riding in a school bus. Liveries, taxis, and
public transportation buses are exempt from the occupant restraint law.
Once a child turns 4 years old, should he or she be in a booster seat?
Not necessarily. Choose the restraint system that will fit your child's weight
and size. Read the manufacturer's instructions and recommendations for that
particular seat. For maximum protection, keep a child in a forward-facing child
safety seat with full internal harness until they reach the manufacturer's
recommendations for upper size limits. The harness provides upper body, head,
and neck protection.
Who should use a booster seat?
The next step of children who have outgrown a forward-facing child safety seat
is a booster seat, usually when a child weighs more than 40 pounds or grows more
than 40 inches in height.
What type of booster seat should you use?
There are two major types of belt-positioning booster seats:
1. Backless or low-back booster seats are used in vehicles with a high seat back
in which the child's head can be supported by the vehicle seat back or head
restraint.
2. High-back booster seats are used in vehicles with a low seat back where there
is no vehicle seat back or head restraint to support the child's head and neck.
Booster seats must be used with both the lap and shoulder belt. A booster seat
should never be used with a lap belt only.
When should you move your child from a booster seat to an adult seat belt?
Your child should stay in a booster seat until the adult seat belt fits him or
her properly. This is usually when your child reaches 4'9" in height and is
about 8 years old. Please make sure that your child meets all of the following
requirements for a proper seat belt fit:
1. The lap belt should be low across the upper thighs or hips, not across the
abdomen.
2. The shoulder belt should lie across the chest and shoulder, not touching the
neck or face.
3. Your child should be able to sit with his or her back straight against the
vehicle seat back with knees bent at the seat's edge without slouching.
4. Your child should be able to ride this way for the entire trip.
9/05
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