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. Existing law, however, authorizes a child or ward under 8 years of age who is 4 feet 9 inches in height or taller to be restrained by a safety belt rather than by a child passenger restraint system.
This bill would, commencing January 1, 2027, require a parent, legal guardian, or driver who transports a child 13 years of age and under on a highway in a motor vehicle to properly secure that child in a rear seat in an appropriate child passenger restraint system. The bill would, however, authorize a child or ward between 10 to 13 years of age, inclusive, to be acceptably restrained by a safety belt, rather than by a child passenger restraint system, if the child or wards meets the requirements of the 5-Step test described below. The bill would also prohibit a parent, legal guardian, or driver from transporting on a highway in the front seat of a motor vehicle a child between 13 to 15 years of age, inclusive, unless they are acceptably restrained by a safety belt by meeting the requirements of the 5-Step test. The bill would define 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 over the edge of the auto seat, the shoulder belt snugly crosses the center of the child's chest and shoulder, not the child's neck, the lap belt is as low as possible and is touching the child or ward's thighs, and the child or ward can stay seated like this for the whole trip.
Existing law authorizes a child or ward under 8 years of age to ride in a child passenger restraint system in the front seat of a motor vehicle under specified circumstances, including, among others, that there is no rear seat.
This bill would instead authorize a child or ward under 13 years of age to ride in a child passenger restraint system in the front seat under these specified circumstances. The bill would authorize a child or ward 10 years of age or older who is riding in the front seat pursuant to this exception to be restrained by a safety belt rather than by a child passenger restraint system if the child or ward meets the requirements of the 5-Step test.
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, commencing January 1, 2027, require that any passengers 13 years of age of older in the front seat are acceptably restrained by a safety belt. 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 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, commencing January 1, 2027, 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 under 16 years of age, unless they are acceptably restrained by a safety belt. 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, commencing January 1, 2027, require a public or private hospital, clinic, or birthing center to discuss that information if the child is 13 years of age or under.
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, commencing January 1, 2027, require a rental agency to post a notice stating that California law requires that all children under 10 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 13 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
03/17/25 - Amended Assembly: 27315 VEH, 27315 VEH, 27318 VEH, 27318 VEH, 27360 VEH, 27360 VEH, 27360.5 VEH, 27360.5 VEH, 27363 VEH, 27363 VEH, 27363.5 VEH, 27363.5 VEH, 27365 VEH, 27365 VEH, 27315 VEH, 27318 VEH, 27360 VEH, 27360.5 VEH, 27363 VEH, 27363.5 VEH, 27365 VEH
05/19/25 - Amended Assembly: 27315 VEH, 27318 VEH, 27360 VEH, 27360.5 VEH, 27363 VEH, 27363.5 VEH, 27365 VEH