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California Car Seat Safety Laws- From Birth to 12

By Zulema G, San Marcos- Vista Macaroni Kid March 22, 2019

Many years ago I was witness to a car accident at a city intersection where a child was in the front seat. The girl was 9 years old and she was pulled away from the front seat of the car with a deep cut in her neck from the safety belt and driven away by an ambulance. That image has stayed with me and its the reason I am diligent in checking the updates on car seat safety laws. My son recently turned 8 and it was a good time for me to review the most recent California Car Seat Safety Laws. I couldn't remember at what age children his age "graduate" to the front seat of the car, glad I looked. It is not time yet since he is only 4'2" and the recommendation is 4'9" AND 8+ years of age. However, the CDC recommends that children 12 and under still sit in the back seat due to the risk of air-bag injuries.  The following is information provided by the California Highway Patrol:

Current California Law:

  • Children under 2 years of age shall ride in a rear-facing car seat unless the child weighs 40 or more pounds OR is 40 or more inches tall. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the car seat. (California Vehicle Code Section 27360.)
  • Children under the age of 8 must be secured in a car seat or booster seat in the back seat.
  • Children who are 8 years of age OR have reached 4’9” in height may be secured by a booster seat, but at a minimum must be secured by a safety belt. (California Vehicle Code Section 27363. 
  • Passengers who are 16 years of age and over are subject to California's Mandatory Seat Belt law. 


When can a child graduate to a booster seat?

California law does not address graduation time from a five point harness to a booster seat. In the interest of safety, do not rush to move a child into a booster seat before they’re ready. Each time you “graduate” your child to the next seat, there’s a reduction in the level of protection for your child. Keep your child in each stage for as long as possible.

A child is ready for a booster seat when they have outgrown the weight or height limit of their forward-facing harnesses, which is typically between 40 and 65 pounds. Read the forward-facing car seat’s owner’s manual to determine height and weight limits, and keep your child in a harnessed seat for as long as possible.

Children at this stage are not yet ready for adult safety belts and should use belt-positioning booster seats until they are at least 4’9″ and between 8 and 12 years old. Safety belts are designed for 165-pound male adults, so it’s no wonder that research shows poorly fitting adult belts can injure children.