NEWS RELEASE
For further information please contact:
Captain C.T. Ricks
(573) 526-6115
Q7066
July 21, 2006
EMPHASIS: New Child Passenger Restraint Law to Take Effect August 28, 2006
Effective August 28, 2006 a new child passenger restraint law will take effect. While the new law did not change the requirements of the previous law requiring all children under the age of 4 to be in an approved child restraint seat, it did add requirements for those children under the age of eight who weigh less then 80 pounds and a are less then 4’9”. Some modifications to the Missouri seat belt law will also go into effect in August.
CHILD PASSENGER RESTRAINT LAW - This act modifies the law with respect to the use of child passenger safety restraint systems and booster seats. The act requires children of certain ages, weights and heights to be restrained by a child passenger restraint system, booster seat or safety belt. The new law is a primary law meaning motorists can be stopped for this violation and no other violation is required.
AGE/WEIGHT/HEIGHT CLASSIFICATION -
- LESS THAN 4 YEARS OLD - This act requires children less than four years old, regardless of weight, to use an appropriate child passenger restraint system.
·LESS THAN 40 POUNDS - The act requires children weighing less than 40 pounds,
regardless of age, to be secured in a child passenger restraint system appropriate for
the child.
·LESS THAN 8 YEARS OLD/80 POUNDS OR UNDER 4'9" - Children (ages 4-7) and who weigh at least 40 pounds but less than 80 pounds, and are less than 4'9" tall must be secured in a child passenger restraint system or booster seat appropriate for that child.
·GREATER THAN 80 POUNDS OR TALLER THAN 4'9" - Children who are at least 80 pounds or children taller than 4'9" shall be secured by a vehicle safety belt or booster seat appropriate for that child.
The act allows a child to be transported in the back seat without a booster seat if the child is secured with a lap belt if the vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.
The act also provides that when transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children under this scenario shall not be in violation of the child seat restriction law.
A violation of the child passenger restraint/booster provisions is an infraction and the fine is
$50 plus court costs. The fine for violating the safety belt provision of the act is $10. Charges
for violating the child passenger restraint and booster seat provisions shall be dismissed or withdrawn if the driver provides evidence that he or she acquired a child passenger restraint system or booster seat prior to or at his or her hearing. The act does not apply to public carriers for hire or to students four years of age or older who are passengers on a school bus designed for carrying eleven passengers or more and which is manufactured or equipped pursuant to Missouri Minimum Standards for School Buses (Sections 307.178 and 307.182).
The act provides that if there are more persons than there are seat belts in the enclosed area of a
motor vehicle, then the passengers who are unable to wear seat belts shall sit in the area behind the front seat unless the vehicle is designed only for a front-seated area. This provision does not apply to passengers who are accompanying an intermediate driver’s license holder. Under current law, all passengers accompanying an intermediate driver's license holder must be properly restrained.
(Subsection 7 of Section 307.178). The act provides that the $10 fine for failing to wear a seat
belt shall apply to “persons” rather than just “drivers” (section 307.178.5).
Absent exigent circumstances, troopers will issue warnings for violations of Section 307.182 (Child Passenger Restraint Law), August 28, 2006 through December 1, 2006, to educate motorists on the use of child restraint and booster seats and the new law. The Patrol reminds motorists that your best defenses in a traffic crash are child passenger restraint devices and seat belts. Remember to buckle up every time you get into a car or truck and make sure all your passengers are restrained as well.