New child seat law takes effect Jan. 1

A new law that goes into effect on Jan. 1, 2005 will require all children up to age 8 and 80 pounds to use a car seat. Current law requires children to remain in car seats up to age 4 and a weight of 40 pounds.

Sparta Police Department Officer Donny Brown, who is a Nationally Certified Child Restraint Technician, said many local people have not heard of the law.

“Not many people have heard about this yet,” Brown said. “It’s pretty much came out of nowhere — it’s been in legislation for awhile, but most people don’t keep up with that until it starts affecting them and their families.”

Word of the new law has started traveling by news reports and word of mouth, he said. But one item of confusion has popped up, he said.

“The law states that a properly used child restraint device, or car seat, must be used if the child is less than eight years old and less than 80 pounds,” Brown said. “Children who are 8 years old may be fitted into a properly fitted seatbelt at age 8 regardless of their weight or if they reach 80 pounds before their 8th birthday.”

Exemptions are in place for cars made prior to 1968, trucks and vans made before 1972 and large buses. Other exemptions are for ambulances and other emergency vehicles, if all seating positions with belts are occupied and if a child’s personal needs are being tended to, said Brown.

For instance, if a car hauls five passengers and an adult is in every seat, then a child legally may be held in an adult’s lap. In addition, children may be removed from a child seat for breastfeeding or other necessary care, said Brown.

If the child is under age 5 and weighs less than 40 pounds, the seat must be placed in the rear of the vehicle if an airbag is in place.

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