Key Takeaways
- Arizona car seat laws mandate that all children under 8 years old and shorter than 4’9″ have to use an appropriate child restraint system. However, exceptions, like within a school bus or emergency medical vehicle, may apply.
- Infants should start with rear-facing seats, then forward-facing seats and then use booster seats until age eight or when they’re taller than 4’9″. After that, they can use normal seat belts but should still sit in the back until age 12.
- Proper usage of booster seats significantly reduces the risk of injury in car accidents. Conversely, if a child is injured because of your non-compliance, the responsible party’s legal penalties could worsen.
- Violating Arizona booster seat law can lead to civil penalties of $50. However, this penalty can be waived if the responsible party installs a suitable car seat in their vehicle and provides proof of purchase or acquirement.
Learning About Arizona Child Booster Seat Laws
Arizona car seat laws mandate that children are properly secured within motor vehicles to ensure their safety. The 2017 Crash Stats from the National Highway Traffic Safety Administration reported that the use of child restraints saved 325 children’s lives throughout the United States, four of which were due to the car seat regulations in Arizona.
Arizona booster seat laws are intended to protect children younger than 8 years old and shorter than 4’9”. If someone violates the booster seat requirements in Arizona, they can face legal consequences like civil penalties. So, it is crucial for parents, caregivers and anyone responsible for transporting children to understand and adhere to these laws.
If a child is injured in a motor vehicle due to the driver neglecting to use a booster seat, the responsible party may be subject to litigation. After educating yourself on the essential aspects of Arizona car seat laws below, consult a qualified personal injury attorney for legal guidance tailored to your unique situation.
An Overview of ARS 28-907
ARS 28-907 lists various requirements regarding child restraint systems within motor vehicles. According to this statute, drivers must secure children under 5 in a proper child restraint system when driving on Arizona highways. Moreover, all vehicles made after 1971 that are designed for ten or fewer passengers and required to have a seat belt must ensure that children aged 5, 6 or 7 and under 4’9″ tall are secured in a child restraint system.
All child restraint systems must meet the requirements of 49 Code of Federal Regulations section 571.213. If these requirements are unmet or a child is not restrained at all, the driver can face civil penalties after a traffic stop from a law enforcement officer. To promote safety and legal compliance, Arizona hospitals must provide a copy of this statute’s expectations to new parents. The hospitals also need to offer information about the availability of loaner or rental programs for child restraint systems within the community where the child is born.
Types of Child Restraint Systems
There are a myriad of different child restraint systems mentioned by this statute and defined by the Code of Federal Regulations (CFR). Some examples of child restraint systems that Arizona recognizes in this statute are:
- Add-on child restraint systems – Any portable child restraint system.
- Built-in child restraint systems – Permanently installed child restraint systems that are designed to be an integral part of a motor vehicle.
- Factory-installed, built-in child restraint systems – Built-in child restraint systems that have been or will be permanently installed in a motor vehicle prior to that vehicle being certified as a completed or altered vehicle.
- Rear-facing child restraint systems – Child restraint systems, other than a car bed, that position children to face in a direction opposite to the usual direction the motor vehicle travels.
- Booster seats – Backless child restraint systems or belt-positioning seats
Infants are expected to use rear-facing child restraint systems until they exceed the top height or weight limit allowed by the system’s manufacturer. Then, the child should use a forward-facing car seat with a harness for the next few years until they have outgrown it. After that, the child is expected to use a booster seat while they are under 8 years old and shorter than 4’9”. The child can use a traditional seat belt after exceeding those height or age requirements. Still, all children should sit in the backseat through age 12.
The Role of Booster Seats in Preventing Injuries
Booster seats are designed to elevate a child, allowing the seat belt to fit correctly across their chest and lap. By making it easier for the seat belt to secure the child’s sturdy torso, booster seats can drastically reduce the risk of injury during a crash.
Belt-positioning booster seats reduce injuries in four or eight-year-old children by 58 to 70%. They can also lower mortality rates by 61% for children within the same age range.
Choosing Which Booster Seat to Purchase
Selecting an appropriate booster seat is critical for your child’s safety. Some factors that determine the suitability of a booster seat are:
- The child’s age
- The child’s weight
- The child’s height
- The seat’s compatibility with your vehicle type
It is always a good idea to talk to a qualified professional before purchasing a new car seat to get an expert’s confirmation of its compatibility and quality.
Correctly Using Booster Seats
Booster seats must be installed and used correctly to take advantage of their safety benefits. Some tips for promoting safe and effective booster seat use are:
- Closely follow the manufacturer’s installation instructions.
- Ensure the booster seat is placed in the back seat.
- Test the seat’s stability and utilize all clips and hooks for extra security.
- Make sure the child’s back is flat against the vehicle seat.
- Ensure the child’s knees are bent naturally at the edge of the seat.
Observe how the vehicle’s seat belt secures the child to confirm the booster seat fits properly. The lap belt should lie low across their upper thighs, not their stomach. Moreover, the shoulder belt should cross the middle of the child’s chest and shoulder, away from the neck or face. Avoid driving with the child if you are uncertain about the safety of their booster seat, and contact a certified child passenger safety technician for assistance.
Legal Consequences of Non-Compliance
Suppose a law enforcement officer pulls you over for an apparent violation of Arizona booster seat laws. In that case, they will ask the driver the age and height of the children in the vehicle to assess if they should be in child restraint systems. If the information given to the offer shows that you have failed to meet Arizona’s booster seat requirements, you may be subject to a civil penalty of $50.
If the officer learns that a violation of ARS 28-907 has not been committed, they shall not detain the vehicle any further unless an additional violation is involved in the traffic stop. Regardless, stopping a vehicle for an apparent or actual violation of this statute is not probable cause for the search or seizure of the vehicle unless there is probable cause for another violation of Arizona law.
Waiving the Civil Penalty
In some cases, the abovementioned civil penalty does not have to be imposed if the driver promptly equips the vehicle with a suitable child restraint system. To show proof of this, the driver can mail a receipt to the appropriate court officer, displaying the purchase or acquisition of a child restraint system.
If the penalty is not waived, the funds, minus any surcharges, shall be deposited in the child restraint fund, along with money donated by the public, to make child restraint systems more accessible to low-income individuals. However, the child restraint fund cannot exceed $20,000 at any given time, meaning any excess money would be deposited into the highway user revenue fund established by ARS 28-6533.
Child Passenger Safety’s Affect on Personal Injury Claims
In addition to the civil penalties, non-compliance can affect the driver’s liability in the event of an accident. If a child is injured due to absence or improper use of a booster seat, the court may treat it as negligence, potentially leading to reduced compensation or increased penalties if there are personal injury claims.
Avoid legal consequences and guarantee the safety of every child in your vehicle by ensuring they are appropriately restrained in accordance with their weight, height and age.
Potential Exceptions
Arizona’s booster seat requirements are strict, even requiring parents to bring proper child restraint systems in taxis or rideshares. However, some special situations allow children to ride in vehicles without traditional restraints. Some examples of exceptions to typical booster seat requirements in Arizona are:
- The vehicle was originally manufactured without passenger restraint devices.
- The vehicle is a motor home or other recreational vehicle listed in ARS 41-4001.
- Emergencies where a child is being transported to obtain vital medical care.
- The vehicle is a bus or van designed to carry more than ten people at a time.
- It is a commercial motor vehicle, like a bus, and the driver has an up-to-date commercial driver’s license.
In addition to the exceptions above, drivers may be exempt from following Arizona car seat laws if they are transporting more than one child under eight years of age in a motor vehicle that does not provide enough room for the required number of child restraint systems. However, for someone to qualify for this exemption, at least one child must be properly restrained or seated, and the driver should have secured as many other children in child restraint systems as reasonably possible.
Common Scenarios Leading to Booster Seat Violations
Sometimes, people get caught in unfortunate situations that cause them to ignore car seat regulations. Some commonly seen circumstances that can cause people to violate booster seat requirements in Arizona are:
- Failing to use a booster seat in taxis or rideshares.
- Rushing to get somewhere that is not for emergency medical purposes.
- Forgetting to bring a booster seat while on vacation.
- Prematurely transitioning older children to regular seat belts before they meet the height or age requirements.
Unfortunately, the scenarios above are not enough to avoid legal consequences. Even more importantly, violating car seat regulations in Arizona can increase the risk of injury in an accident.
Advocating for Child Safety
Everyone can play a role in promoting child passenger safety. Parents, caregivers and the community should work to stay informed about evolving safety laws. Participating in local safety programs to raise awareness can be important. For example, Arizona’s Governor’s Office of Highway Safety offers a Children Are Priceless Passengers (CAPP) occupant protection program.
Resources for Parents
Rely on local resources like fire departments and safety stations—some may offer complimentary car seat inspections and installations to help you ensure compliance with the latest safety standards.
Some areas have inspection stations that can guarantee proper seat installation and help you track recall notices for booster seats. However, routinely looking up your car seat model online can also help you catch important news. By staying proactive, you can help keep children safe on the road.
Get Experienced Legal Representation For Negligence Claims
Complying with Arizona car seat laws and ensuring proper booster seat usage is the best way to avoid injuries and mitigate legal risks. The Arizona booster seat law demands that any child under eight years of age and shorter than 4’9″ are secured in a child restraint system. Violating ARS 28-907 can result in civil penalties of $50. Plus, if the child is unfortunately injured in a crash due to non-compliance with this statute, your legal consequences can be exacerbated.
If your child has been injured in an accident due to another driver’s negligence, especially when car seat regulations in Arizona are ignored, it’s essential to seek legal guidance as soon as possible. Contact an experienced personal injury lawyer like the ones at JacksonWhite Law to discuss your case and explore options for compensation.
Call the JacksonWhite personal injury law team at (480) 467-4392 if your child has been injured due to another’s negligence with booster seat requirements in Arizona.
