Summary of California’s Front Seat Law
California’s front seat law regulates which passengers are permitted to sit in the front seat of passenger vehicles with a single front row of seats. Although there are no restrictions in this law preventing passengers who are over the requisite height or age from sitting in the front seat, use of a booster or child restraint seat becomes mandatory if a child is not properly buckled without one. This law is intended to protect drivers and passengers in the event of a motor vehicle collision. When the front passenger seat is occupied by a properly restrained passenger, the driver and front seat passenger are less vulnerable to injuries. California Vehicle Code 27363 is the primary legislation prohibiting a child under the age of eight from occupying a position in the front seat of a vehicle unless the child is inside a rear-facing child safety seat or is taller than 4’9". While the distinction between rear-facing and front-facing child safety seats may seem inconsequential, the law actually considers the rear-facing position as the safest way to transport a child . Accordingly, there is never a time when a child under eight years old is permitted to occupy the front passenger seat without an appropriate booster, child restraint system or child safety seat. Parents of pre-school children should also be aware that the CDC advises keeping a child secured in the safety seat for as long as the child will tolerate it. The California legislature recently made changes to the front seat law to have it go into effect instead of AB 53, which did not pass. Child safety seat advocates have expressed satisfaction that the legislature is taking child safety and protection policy seriously. In recent years, the California Highway Patrol has worked with other agencies to emphasize the importance of using a booster seat when transporting a child in a motor vehicle. The penalties associated with not complying with the law typically include paying a fine.
Age and Height Requirements
As stated in California Vehicle Code section 12804.9, the front seat law for the state of California establishes that a child is not allowed to occupy the front seat of a passenger motor vehicle unless he or she is at least the age of 8 or he or she is at least 4 feet 9 inches tall. However, the Code does mention exceptions to this law which include children that possess a physician’s signed statement specifying a height or weight at which the child’s size no longer presents an increased risk for the child. Additionally, exceptions were made for emergency services personnel and certain manufacturers.
Safety Concerns
The front seat law, like many other laws that govern the operation of motor vehicles, serves a significant safety purpose. Children are far more vulnerable to injury in frontal crashes than they are in rear crashes or side impacts. They generally lack the muscle to brace against a sudden stop or a forward motion of the head. Front crashes also tend to impact the front seat passenger and the back seat passenger differently. In a rear crash, the individuals in the back seat are often thrown forward, but spend much of the crash in a position in which they are still secured by the seat belt. By contrast, in a front crash, the back seat passenger tends to be thrown forward and then towards the front, making them more susceptible to injury from impacts with the front seat. Securing children in a more protective seating position at the same time that the airbags are deploying is critical to their safety.
Fines for Violation
If you are stopped in California for any reason and a police officer notices that a child under the age of 8 is sitting in the front seat, it is very likely that they will write you a ticket. The fine for violating this law ranges from around $25 to about $500 and a violation may cost you a point on your license. Penalties for non-compliance can compound rapidly through the legal system. If convicted of violating this law, you could be facing increased insurance premiums and higher costs of doing business (if you are a rideshare driver), as insurers learn of your conviction when you next renew your vehicle insurance policy .
To avoid these penalties, it is important to know that children under 8 years old are required to be in a rear-facing child safety seat for as long as they fit the seat’s height and weight restrictions. Once your child outgrows the rear facing seat, they must sit in a booster seat until they are 8 years old or 4’9" tall. Above all, it is critical that you follow the instructions provided with any car seat or booster seat you use. Practices regarding the proper orientation of the seat, the necessary belt configuration, and the correct recline angle can vary from seat to seat.
Compliance Tips
Recommendations and tips for compliance with California’s front seat law include:
• Use a booster seat for any child under the age of eight, if the child is less than four feet 9 inches tall, or does not weigh at least 65 pounds.
• Always use the appropriate safety restraint recommended by the manufacturer of the vehicle in which you are driving.
• Remember that there is little you can do if your passenger does not wear a seat belt, other than to ask him or her to buckle up and to drive safely.
• Understand that the safest place for a child to sit is in the back seat. Make sure that your child uses the seatbelt and booster seat required by his or her height and weight.
• Consider buckling a child between 8 and 12 years old into a regular seatbelt if privately owned vehicles do not have booster seats. Again, though, make sure the child is the proper height and weight (at least four feet 9 inches tall and 65 pounds) to be safe in the regular seatbelt.
• For drivers of taxi cabs and limousines: All passengers must be in a seatbelt, not just the front seat passengers. Ensure there are enough seatbelts (typically 4 or 5 per vehicle) for all passengers.
• Taxi cab drivers should ask if there is a car seat for a small child, and if there is not, suggest that the parent call another taxi that has the car seat or ask the passenger to provide one in advance. This will likely be less of a problem if a dispatch service handles taxi rides for foreign nationals and residents who don’t speak English, because the dispatch service may determine whether the car seat is appropriate before sending the car.
FAQs
Q: Does the front seat law apply only to children?
A: No. The front seat law applies not only to children but also to adults if the specific requirement for fitting is met.
Q: Are seat belts still required in cars that don’t have rear seating?
A: Yes, all vehicles are required to have seat belts except those that were legally manufactured before January 1, 1965.
Q: Is it OK for me to ride with my child if I’m not sitting in the front seat?
A: No, you can be fined for sitting behind the driver if there’s an unrestrained child in front. If you sit in the back you must be properly restrained to avoid a ticket and a fine.
Q: What if there are no seat belts in the back seat of my pick up truck?
A: It does not matter, you may still receive a citation and fine.
Q: My 9-year old won’t wear his seat belt, so can I just wait until he’s 16 before I try to make him wear it?
A: You can wait, but you’ll just have to pay a fine in the meantime.
Q: My friend says that you can get a ticket even if your child is sitting on a booster seat with a seat belt. Is that true?
A: This law only applies to children under 16 years old who are required to be in a safety seat or child booster seat. In other words, it for children 8 through 15.
Q: How many warnings do we get for violating the front seat law?
A: One per year for each child .
Q: I am extremely tall. Does my height give me an exemption from the law?
A: No, the law applies regardless of your height as long as the child fits the requirements.
Q: Can my child sit in my lap while I’m driving?
A: No. This is not allowed under any circumstances.
Q: My 7 year old is still using booster chairs since he is small for his age. Would he be able to be in the front with a lap and shoulder belt?
A: No, this law only applies to children under 16 years old who are required to be in a safety seat or child booster seat. In other words, it for children 8 through 15.
Q: Is there an exception for parents with multiple children in the car?
A: No.
Q: Will I be fined for having more than one child riding in the front seat?
A: Yes. The law is that one seat belt is required per passenger.
Q: Do kids ever ride in front seats if they are not required by law to sit there?
A: Yes. When there are no rear seats available they are allowed to use booster seats.
Q: What age do you have to be to legally sit in the front seat?
A: 8 years of age.
Q: I don’t understand how the law applies to those kids who are over 8 years of age but under 16?
A: These children must be in a seat belt regardless of if they are in the front or back seat. However, the child seat law does not apply to them unless they are sitting in the front seat.