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State Car Seat Laws

Question of the Week

By Vincent Iannelli, M.D., About.com

Updated: July 27, 2004

About.com Health's Disease and Condition content is reviewed by Kate Grossman, MD

Q. My Pediatrician said that I should keep my five year old in a booster car seat, but the law here in Texas says that kids only have to ride in a car seat up until they are four years old. Who is right?

A. In general, state car seat laws are way behind the times in terms of safety. Simply using a seat belt might not get you a ticket in your state, but it won't be the best protection for your child if you are in a car accident.

Although laws vary from state to state, you are much better off following the guidelines of the National Highway Traffic Safety Administration and keep your child who is over 40 pounds in a belt positioning booster seat until they are eight years old, unless they are already 4'9" tall. This is because 'a child under 80 lbs. is generally too small for an adult seat belt. The lap belt rides up over the stomach and the shoulder belt cuts across the neck. In a crash, this can cause critical or even fatal injuries.'

The American Academy of Pediatrics goes a little further and says that most kids aren't ready for regular seat belts until 'the child reaches about 4'9" in height and is between 8 to 12 years of age.'

If you need some convincing about how important this is, consider that in 2001, there were 44,642 injuries from motor vehicle accidents for children three years old and younger, and that grows to 76,248 injuries for children four to eight years of age. Although injuries from motor vehicle accidents aren't tracked as to whether or not a child was wearing a car seat, it is likely that this increase in injuries for older children was because they are less likely to be in a proper child safety seat than a younger child.

So whether you live in Iowa, which only requires children under age three to be in a car seat, or in Wyoming, where the limit is age eight, after your child is about 40 pounds and outgrows his car seat, be sure to graduate to a belt positioning booster seat instead of simply going to seat belts.

It can sometimes be hard to convince school age children about the importance of using a booster seat, especially if many of their friends are already just in seat belts. To help him get on board with using a booster it can help to be firm about his sitting in a booster seat and use it all of the time. Make using a booster seat one of the non-negotiable rules of your household and don't give it on the issue.

Other tips include:

  • don't refer to it as a car seat or baby seat and instead use the terms booster seat, big boy|girl seat, or just safety seat.
  • if your car's back seat has headrests, consider using a backless booster, which to many kids doesn't look like a 'real' car seat.
  • talk about the benefits of sitting in a booster, which besides safety include being able to look out the window, having cup holders, and being more comfortable with the arm rests, etc.
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  8. State Car Seat Laws and What's Safe

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