A Closer Look at NY Car Seat Regulations
An important component of safe travel for children and infants in New York is compliance with the state’s car seat regulations. New York’s laws are in place to maximize safety and minimize the chance of injury. However, with so many details to keep track of, the laws can prove confusing for even the most conscientious parent. Familiarizing yourself with all applicable details will help ensure you are in compliance and your child is safe. Children under the age of eight years must be properly restrained in a federally approved child safety seat that is appropriate for the child’s weight and height as long as they are in the front or rear seat of your vehicle. New York law requires that all children age 4 and younger are in rear-facing seats until they reach the maximum weight or height for their seat or the age of 5. All children between the ages of 5 and 6 must be in a harness seat or booster seat (with a seat belt) until they reach the maximum weight or height requirements of those seats or are 8 years old . While children can have reached the minimum legal age of 8, the child does not have to be restrained with a seat belt alone until they are 4’9" tall. To calculate whether your child is within the weight and height requirements for their seat, make certain that you look in the manual for exact specifications from the manufacturer. Although not required by NY law, parents may also choose to use booster seats with a high back for added head protection. Additionally, a booster seat should be used only with a lap and shoulder belt; if your child is in a vehicle with only a lap belt, purchase a belt positioning booster seat. Children should never be belted in with the shoulder strap behind their back or arm – this negates the protection of the belt in the event of an accident. While car seat laws are in place to protect your children, simple failings in foresight can mean increased risk of injury. To this end, parents must be aware that car seat laws will differ from state to state. Thus, all parents should check their particular state laws to ensure their child is safe when traveling with them.
Age Group and Weight Requirements
The NYS legislation destined to decrease injury and mortality from vehicular accidents has three parts. There are requirements that govern all drivers, there are requirements for those drivers when a child is within their vehicle, and there are requirements that govern parents and the primary custodians of a child. Separating out the requirements all drivers have when operating their vehicle with a child present and those specific to parents and primary custodians I will address each of these separately.
NYS requires every child less than 8 years be secured in a car seat at all times while riding in a vehicle. The car seats must be appropriate for the weight, height and age of the child being placed in them. They are broken down as follows:
•In NYS, all children under the age of 2, or less than 30 lbs, or both, must be secured in an approved rear-facing car seat in the rear of the vehicle. Once the child exceeds 30 lbs., parents may elect to go the route of using a combination seat that is appropriate for the requirements of a rear-facing seat or forward facing seat
•Children 2 years and older, up to 4 years of age, and 30-40" tall need to be secured in an approved forward-facing car seat
•Children 4 years and older, more than 40" tall, and weighing more than 40lbs., must be secured in an approved booster seat in the rear of the vehicle
•Once a child is more than 8 years old, more than 57" tall, more than 80 lbs., or a combination of any of the prior three, the child is no longer required to be placed in an approved car seat or booster seat. However, they must wear a seat belt at all times while the vehicle is in operation
•All individuals under the age of 16 who are within the vehicle must wear a seatbelt while the vehicle is in motion, regardless of the placement of the seatbelt.
Non-Compliance Penalties
Penalties for Failure to Comply With New York State Law Regarding Car Seats for Children
Non-compliance can include a number of transgressions, such as: Below are the penalties a parent or other responsible party may face for not following New York State Law: Failing to properly secure a child under 4 years of age in a rear-facing child restraint system that is in compliance with the Federal Motor Vehicle Safety Standards. The fine is $50 for each violation. Most people who receive these tickets are unaware of the scope and intention of the law. There are even situations in which law enforcement officers will cite drivers for violations without fully understanding the intricacies of the law in question. In such cases, conscientious attorneys frequently work to find defenses to liability and ensure that fines are kept to a minimum before settling cases.
Recent Amendments to the Law
Understanding recent changes to the law can help parents navigate through the complex system of child car seat safety. For example, the law was recently amended to include booster seat requirements for children who have outgrown their car seats. The amendment to the existing Article 39-A of the New York State Vehicle and Traffic Law became effective on December 14, 2009. Section 1229-E, the relevant statute, now states that any child under eight years of age must be properly secured in a rear seat in an appropriate child restraint system . The law also clarifies that a child age seven or younger, who is no longer able to be secured in a rear-positioned child restraint system due to height, must be secured in a seat belt and use a booster seat until they are either eight years old or fifty-seven inches tall. As the law stands, only 1.7 percent of drivers and their passengers who are involved in a fatal accident have their seat belts on. Undoubtedly, booster seats have the potential to significantly reduce this number, so it is crucial for parents to abide by the statute in order to protect their children.
How to Choose the Appropriate Car Seat
When it comes to choosing the right car seat for your child, it’s not just about fitting the seat in your vehicle-you have to know the correct age and size for your child, and the proper safety features to look out for. All car seats sold in New York state have to pass a crash test by the National Highway Traffic Safety Administration (NHTSA) and the American Model for the Association of Occupational Therapists (AMOT). It is the parent or guardian’s responsibility to decide what type of car seat is best for them and determine where to put the car seat in their own vehicle.
In New York, babies up to 9 month will usually need to be in a rear-facing car seat with an infant base. The infant will use the carrier and the base will be left in the car. Convertible car seats are another option for babies up to 9 months, but the best options and the best product is the infant car seat with a base. No other product has been shown to be as safe in car travel. Whether you’re using an infant car seat with a base or convertible car seat, these seats should be used in the back of your vehicle until your child turns 4 years of age.
Sometime between the ages of 1-4, you can move to a convertible car seat if you haven’t already chosen this option when you baby was 9 months old. Like the infant seat with base, this option is also intended for use in the back of the car. If you’ve used the convertible car seat in an infant position previously, make sure to flip the seat to face forward once your baby starts to sit up. After your child turns 4, they will use a booster seat in the back seat of your vehicle.
Remember, when choosing a booster seat, you need to make sure to pick one that has a shoulder seat belt and a lap belt connection. When your child is able to sit in the booster with the seat belt on and without needing to be reminded about where the seat belt belongs, you will then transition to a seat belt.
When you choose your car seat, make sure it has a 5-point harness system, an adjustable headrest, a 2, 3, 5 or 7-position recline and an adjustable base. Invest in a car seat that has easy and effective harness adjusters along with a built-in head protection system.
Finally, you want to make sure that the car seat is easy to connect and disconnect, as well as being adjustable from lying down to upright positions. In addition, look at the car seat for a base that is narrow enough to fit in your car, allowing for room for multiple car seats as well as passengers. Choose the car seat system that works for you and your baby.
Common Questions About NY Car Seat Law
With so much information out there, it can be tough to know exactly what New York’s laws are and how they apply to your family. Here are the answers to some common questions:
Q: How can I tell what age-group my child is in when it comes to car seats, and should she switch seats?
A: When your child gets to the very end of 1 year old, she should be switched to a forward-facing seat, if it’s safe. She should remain in that type of seat until she exceeds her weight limit, at which point she’ll need to transition again. The general estimate is around 5 years old.
Q: My 8-year-old sometimes throws tantrums, refuses to buckle, and even seems too big for a booster. Can I just go ahead and skip it and trust that she’ll be fine with a seatbelt?
A: Very few, if any, children can properly buckle themselves with just a seatbelt alone at the age of 8. Securing the child with only the seatbelt means that she’ll be far more likely to slide out, and misused seatbelts can be harmful since they’re designed differently from seatbelts for adults . From age 8-12, it’s still safest to use a booster seat.
Q: My toddler is too big for her car seat and isn’t showing any signs of needing to transition yet. Is it okay to put her in a seatbelt?
A: The law states that kids who are up to 8 years old are required to be in a car seat, so technically she needs to be in one. However, the law also states that any child who reaches 40 pounds is required to be in a booster seat. So even if she seems fine, if she meets that weight requirement, she should be in a booster seat. It’s never a good idea to put kids at risk by skipping a transition.
Q: If my child is 2 years old and too large to be rear-facing, do I have to put her in a booster seat?
A: Yes, children who are 4 years old and up are required to be in booster seats, but the law will not require that if your child cannot properly fit into a booster (see the answer to question 2 for what "properly fit" means). If you have a child who exceeds the 4-year-old requirement but cannot safely use a booster, you could be held liable if she is harmed in an accident.