Existing law requires a parent, legal guardian, or driver who transports a child under 8 years of age on a highway in a motor vehicle to properly secure that child in a rear seat in an appropriate child passenger restraint system, except, if the child or ward under 8 years of age is 4 feet 9 inches in height or taller, then the child or ward may be restrained by a safety belt rather than by a child passenger restraint system.
This bill would instead require a parent, legal guardian, or driver who transports a child under 13 years of age on a highway in a motor vehicle to properly secure that child in a rear seat in an appropriate child passenger restraint system, except if the child or ward is under 13 years of age and meets all the requirements of the 5-Step test, the child or ward may be restrained by a safety belt rather than by a child passenger restraint system. The bill would require the 5-Step test to include that the child or ward is sitting all the way back against the auto seat, the knees of the child or ward bend comfortably at the edge of the auto seat, the belt cross the child or ward's shoulder between the neck and arm, the lap belt is as low as possible and are touching the child or ward's thighs, and the child or ward can stay seated like this for the whole trip.
Existing law prohibits the operator of a limousine for hire, an authorized emergency vehicle, or a taxicab from operating the limousine for hire, authorized emergency vehicle, or taxicab unless the operator and any passengers 8 years of age or older in the front seat are properly restrained by a safety belt. A violation of this provision is an infraction.
This bill would instead require that any passengers 13 years of age of older in the front seat are properly restrained by a safety belt. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law prohibits a parent, legal guardian, or chartering party from transporting on a bus, or permit to be transported on a bus, a child, ward, or passenger who is 8 years of age or older, but under 16 years of age, unless they are properly restrained by a safety belt, and unless they are acceptably restrained by a safety belt for a child, ward, or passenger who is under 8 years of age and under 4 feet 9 inches in height. Existing law defines "properly restrained by a safety belt" to mean that the lap belt crosses the hips or upper thighs of the occupant and the shoulder belt, if present, crosses the chest in front of the occupant. Existing law defines "acceptably restrained by a safety belt" to mean the latch plate is securely fastened in the buckle, the lap belt is adjusted to fit low and tight across the hips or upper thighs, not the stomach area, the shoulder belt is adjusted snugly across the chest and the middle of the shoulder, away from the neck, and the shoulder belt is not placed behind the back or under the arm. A violation of this provision is an infraction.
This bill would instead prohibit a parent, legal guardian, or chartering party from transporting on a bus, or permit to be transported on a bus, a child, ward, or passenger who is 10 years of age or older, but under 16 years of age, unless they are properly restrained by a safety belt, and unless they are acceptably restrained by a safety belt for a child, ward, or passenger who is under 10 years of age. The bill would define "acceptably restrained by a safety belt" to mean that the child or ward meets the requirements of the 5-Step test. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a public or private hospital, clinic, or birthing center to, at the time of the discharge of a child who is under 8 years of age, discuss with the parents or the person to whom the child is released, information on the current law requiring child passenger restraint systems, safety belts, and the transportation of children in rear seats.
This bill would instead require a public or private hospital, clinic, or birthing center to discuss that information if the child is under 10 years of age.
Existing law requires a rental agency to post a notice stating that California law requires that all children under 8 years of age are to be transported in the rear seat of the vehicle in a child restraint system, and requires a car rental agency in California to have available and provide, upon request, a child passenger restraint systems that is certified, as specified, for rental to adults traveling with children under 8 years of age. A violation of this provision is an infraction.
This bill would instead require a rental agency to post a notice stating that California law requires that all children under 13 years of age are to be transported in the rear seat of the vehicle in a child restraint system, and requires a car rental agency to have available and provide a child passenger restraint system for rental to adults traveling with children under 10 years of age. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB 435: 27315 VEH, 27318 VEH, 27360 VEH, 27360.5 VEH, 27363 VEH, 27363.5 VEH, 27365 VEH
02/06/25 - Introduced: 27315 VEH, 27318 VEH, 27360 VEH, 27360.5 VEH, 27363 VEH, 27363.5 VEH, 27365 VEH