All 50 states and the District of Columbia have laws that require the use of child safety seats; however, many gaps and inconsistencies exist. While it is important to know your state law, it is more important to use best practice when looking to properly restrain your child in a vehicle. In many states the law does not mirror the recommended best practices for maximum protection for your child.
You’re a law-abiding citizen, right? You’ve followed your state’s child passenger safety laws for your children.
That should be enough, right?
Wrong. While all states have laws that require the use of child safety seats, there are many loopholes and inconsistencies. The truth is, by following your state’s law, you may be under a false sense of security and unknowingly endangering your children or grandchildren every time you get in the car.
You’re not alone: According to a survey released by AAA to coincide with the 30th anniversary of Tennessee’s first-in-the-nation child safety seat law, over half of parents (54 percent) look to their state law for guidance on how to restrain their children. While a strong majority (93 percent) of parents surveyed said they are aware of their state’s child restraint laws and most (86 percent) feel that these laws should be consistent across the country, less than half (39 percent) can accurately identify the age at which their state allows a child to ride in an automobile with only a lap and shoulder belt.
“These results should send a powerful message to state legislators across the country,” said Robert L. Darbelnet, president and CEO of AAA. “Parents look to the law to provide guidance about when and how their children should be restrained but, in many respects, the laws are letting them down.
After Age 4
While states are closing many loopholes as they upgrade their laws to include booster seats, many still remain. In several states:
- Children can ride unsecured if all seat belts are in use.
- Parents are permitted to attend to the needs of their children, thus encouraging them to carry children on their laps.
- Securing children in a seat belt or child restraint is not required if the vehicle or driver is from another state.
Loopholes in State Laws
Although all 50 states and the District of Columbia have child restraint laws in place, almost half of them have loopholes that expose children to risk of injury or death. For example, more than 20 states exempt taxis and for-hire vehicles from complying with the state’s child restraint law and one-third of the states permit drivers to carry more passengers than seat belts.
- Children can ride unsecured if all seat belts are in use.
- Parents are permitted to attend to the needs of their children, thus encouraging them to carry children on their laps.
- Securing children in a seat belt or child restraint is not required if the vehicle or driver is from another state.
These loopholes endanger children and must be closed.
Pickup Trucks and Cargo Areas
In some states, children are permitted to ride unrestrained in pickup truck beds and in cargo areas of station wagons and minivans. These areas are designed to carry cargo, not people! They do not provide protection in a crash for – children, adults or even pets.
The result: Many state laws need to be strengthened and loopholes closed to ensure the proper restraint of all children up to age 18.



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