What Are Child Car Seat Laws?

Article 33, Section 1229(c) of the New York Traffic Code, the primary child seat law in New York, is extremely complex. In this post, we’ll break down the legal requirements by age. Children grow at different rates and therefore have different safety seat needs.

New York’s seat belt defense law is equally complex. All states (except New Hampshire) have a mandatory seat belt law. These laws vary slightly in different jurisdictions. Based on these laws, some states allow some form of the seat belt defense, a doctrine that resembles comparative fault. In some cases, if the victim wasn’t properly restrained, the court can reduce or deny compensation.

This compensation usually includes money for economic losses, such as medical bills, and non-economic losses, such as pain and suffering. A prawnik od obrażeń ciała can also obtain additional punitive damages in some extreme cases.

Under Two

Young children must be secured in a car seat, “which is either permanently affixed or is affixed to a vehicle by a safety belt and which shall be rear-facing.”

“Permanently affixed” usually means the car seat’s anchor must be strapped to the seat. Many models allow caregivers to use the seat without the anchor. Usually, the caregiver threads the lap belt between plastic fasteners. This method, while convenient, may not count as “permanently affixed” under the law. 

This method is more hazardous for the child. A car seat without an anchor is like only wearing a lap belt.

Additionally, the car seat must be rear-facing. That requirement seems straightforward. Unfortunately, many car seats aren’t designed to be rear-facing, especially anchorless car seats. Roughly 60 percent of child safety seats are installed incorrectly.

The Department of Transportation offers free car seat fittings. To schedule a live or virtual appointment, call (347) 712-1085 or (212) 839-4753, or email carseats@dot.nyc.gov.380

Between Two and Four

When a child turns four, or when a child exceeds the weight/height restrictions for a particular model, caregivers may turn the car seat around so it faces forward.  The law is a bit vague as to whether the child must be in the rear seat. If a caregiver drives a small, two-seat compact pickup or car, they must place the child in the front seat. However, that’s obviously not ideal.

Caregivers must use every strap on the car seat. If there’s one strap, use one, if there’s a lap and shoulder harness, use both. Leftover straps indicate incorrect installation or use. The same principles discussed above regarding the car seat anchor apply here as well.

Between Four and Sixteen

The requirements for this age group vary, mostly because children of this age group come in all shapes and sizes. Usually, the best approach is to buckle up a child in a non-moving car and perform a visual inspection.

Especially among young children, the shoulder strap often isn’t anywhere near the child’s body. Furthermore, no matter how much you tug on the lap belt, it doesn’t fit snugly. These children usually need forward-facing booster seats. 

If the lap belt is somewhat loose and the shoulder strap cuts across the child’s head or neck, a seat belt shoulder strap adjuster should fix this issue.

Over Sixteen

Once children turn sixteen, the seat belt law doesn’t apply to passengers. Seat belts, which are often uncomfortable, reduce the risk of serious injury in a collision by about 50 percent. If the belt is very uncomfortable, hard to use, or doesn’t work right, check for seat belt recalls. 

Know the law regarding child car seats and buckle up.