Assembly Bill Seeks Stricter Child Passenger Safety

California could soon see significant changes to its child passenger safety laws under Assembly Bill 435, introduced by Assemblymember Lori Wilson. The proposed legislation aims to raise the minimum age for child passenger restraints, known as booster seats, from eight to 13 years old and implement a new “5-Step test” to determine when a child is ready to use a standard seat.

The bill also seeks to restrict children under 13 from riding in the front passenger seat, with further requirements for older 16-year-old teens. If passed, these changes, slated to take effect on January 1, 2027, are driven by concerns over rising child passenger injuries and fatalities and the limitations of current height-based exemptions.

Currently, California law requires children under two years of age to ride in a rear-facing car seat unless they weigh 40 or more pounds or are 40 or more inches tall. Children under the age of eight must be secured in a car seat or booster seat in the back seat.

Once a child reaches eight years old or 4 feet 9 inches in height, they are no longer required to use a booster seat but must be secured by a seat belt. The California Highway Patrol, however, currently recommends that all children younger than 13 and under 4 feet 9 inches in height sit in the back seat with a belt-positioning booster seat.

AB 435 proposes a significant shift in these regulations. The bill would raise the minimum age for mandatory child passenger restraint use to those under 13 years old.

However, it introduces an exception for children aged 10 to 12 who meet the criteria of a newly defined “acceptably restrained by a safety belt” through a 5-step test. Furthermore, the existing 4-foot-9-inch height exemption for booster seat use would be removed entirely.

The center of AB 435’s proposed changes is implementing a 5-step test to determine if a child between 10 and 12 can safely use a standard adult seat belt instead of a booster seat. This test assesses the proper fit of the vehicle’s seat belt on the child.

According to the bill, a child is “acceptably restrained by a safety belt” if they meet all of the following requirements:

• Sitting Position: The child must be able to sit back against the vehicle seat.
• Knee Position: The child’s knees must bend comfortably over the edge of the auto seat.
• Shoulder Belt Position: The shoulder belt should snugly cross the center of the child’s chest and shoulder, not their neck.
• Lap Belt Position: The lap belt must be as low as possible and touching the child’s thighs.
• Sustained Proper Seating: The child must stay seated in this proper position for the entire trip duration.

If a child under 13 does not meet all five steps of this test, AB 435 would require them to use a child passenger restraint system. Children between 13 and 16 must pass the 5-step test to sit in the front passenger seat. This aligns with recommendations from safety experts who argue that height alone is not an adequate indicator of when a child fits appropriately in an adult seat belt.

The push for stricter child passenger safety laws stems from rising child traffic injuries and fatalities. Data from the National Highway Traffic Safety Administration (NHTSA) in 2021 showed an increase in child passenger injuries and deaths post-pandemic, with 80% of fatalities involving child vehicle occupants, particularly those aged eight to 12.

A 2024 report from UC Berkeley’s Safe Transportation Research and Education Center (SafeTREC) attributed child fatality trends to the misuse of safety seats and seat belts. NHTSA’s 2015 study found that about 46% of car seats were misused, while a 2021 AAA and National Safety Council study indicated that 52% of inspected car seats were improperly installed.

AAA notes that parents often unknowingly endanger their children with the wrong seat or improper securement.

AB 435 aims to ensure proper seat belts fit for child passengers, reducing injury or death in crashes. Experts warn against the unreliable height minimum exemption due to airbag designs.

NHTSA emphasizes that vehicle restraints and airbags are designed for adults, recommending children stay in the back seat until at least 13. While newer vehicles may have smart sensors for airbag deployment, not all do.

Louisiana was the first state to require the 5-Step test in 2021, followed by Minnesota in 2024.

AB 435 introduces stricter guidelines while allowing exemptions based on a child’s physical condition, medical issues, or size, especially if a suitable restraint is unavailable. Proof of the child’s condition may be required. In life-threatening emergencies or when no child restraint is available in emergency vehicles, a child may be transported without one if secured by a seat belt.

For children under 10 in child passenger restraint systems, AB 435 keeps current exceptions for front seat occupancy under specific conditions such as no rear seat, side-facing jump seats in the rear, improper installation in the rear, all rear seats occupied by younger children (changing the age from seven to 13), or medical reasons validated by proof. However, a rear-facing child restraint cannot be used with an active frontal airbag in the front seat.

Concerns about the enforceability of AB 435 have been raised, such as difficulties in verifying a child’s age without identification and the potential discomfort for parents when officers check seat belt fits. It could be challenging to prove a child’s age when they do not readily have identification documents such as passports with them.

Additionally, the legislation could give way to racial profiling, where the 5-step test could lead to stops of people of color even when children are properly restrained. This is if failure of the 5-step test is a primary offense over a secondary offense to initiate a traffic stop.

Violators of the proposed law have tickets of $20 for a first offense and $50 for each subsequent offense.

For any inquiries or further information, please contact Jose Cervantes at JoseC.Press@pm.me