Stricter Child Seat Rules? New State Bill Extends Booster Seat Requirements (What Parents Must Know to Keep Children Safe on California Roads)

California could make history with one of the nation’s toughest child seat laws if a new bill passes that raises age and height requirements for child safety seats.

Current California law requires children to use booster seats until they turn 8 years old or reach a height of 4 foot, 9 inches, though the California Highway Patrol recommends all children younger than 13 sit in the back. But Assembly Bill 435 (Lori Wilson, D-Suisun City), aimed to better protect young passengers on every ride, would do the following:

• Ban teens up to 16 years old from sitting in the front seat if they’re not tall enough.
• Require all children younger than 10 to use booster seats or reach a height of 4 feet 9 inches, whichever comes first.
• Bar all those under 13 from sitting in the front seat.
• Require children as old as 13 to use a booster seat unless they meet the same size criteria.

Lawmakers and safety advocates point to compelling research in promoting the new bill. Motor vehicle crashes remain the leading cause of death for children under 14 in the United States. And according to the National Highway Traffic Safety Administration, booster seats reduce the risk of serious injury by 45% for children ages 4 to 8, compared with seat belts alone. Plus, many children under 10 are not big enough to use a seat belt safely; the belt can sit across their neck or stomach, increasing the risk of injury in a crash.

“Child safety should never be optional,” Wilson said in a statement. “AB 435 will help ensure that every child in California is given the protection they need on the road, not just what’s convenient or customary.”

The pending measure, if signed into law by the state governor, would go into effect beginning in 2027. At that point, a child would need to pass a “five-step test” to be able to ride in the front seat or move out of a booster seat, depending on the child’s age:

1. Does the child sit all the way back against the seat?
2. Do the child’s knees bend comfortably at the edge of the seat?
3. Does the belt cross the shoulder between the neck and arm, resting on the collarbone?
4. Is the lap belt as low as possible, touching the thighs?
5. Can the child stay seated like this for the whole trip?

Violators would face tickets of $20 for a first offense and $50 for each subsequent offense. Louisiana and Minnesota have enacted similar laws. Law enforcement agencies say initial enforcement will focus on education, but tickets will be issued for repeated or egregious violations.

The bill has support from child and automotive safety and health care groups, including California Highway Patrol, AAA, National Highway Traffic Safety Administration, California Department of Public Health, California Hospital Association, American Academy of Pediatrics.

At the Law Office of Chain | Cohn | Clark, we have seen firsthand the consequences when children are not properly restrained.

“No parent wants to think about a crash, but the right booster seat or seat placement can make the difference between a minor scare and a life-changing tragedy,” said Matt Clark, attorney and managing partner at Chain | Cohn | Clark. “This law gives kids the best chance to walk away from a crash unharmed.”

RESOURCES FOR PARENTS

Here’s what parents and caregivers should do for optimum safety:

1. Check Your Child’s Size: Measure your child’s height and see if they have reached the 4 feet, 9 inches threshold.
2. Update Your Car Seat: If your child is under 10 or below the height requirement, ensure they have an appropriate booster seat. High-back and backless boosters are both suitable, provided they position the seat belt correctly.
3. Install the Booster Correctly: The booster should make the lap belt rest low across the upper thighs, and the shoulder belt should fit snugly across the chest and shoulder, not the neck or face.
4. Educate Others: Make sure grandparents, babysitters, and anyone else transporting your child knows about the new requirements.
5. Lead by Example: Buckle your own seat belt every ride; kids are more likely to stay buckled up if adults do, too.

Local police and fire departments offer free car seat safety checks. Check calendar listings for upcoming events. More information can be found at:

• California Office of Traffic Safety
• National Highway Traffic Safety Administration

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Clark by calling (661) 323-4000, or fill out a free consultation form, text, or chat with us at chainlaw.com.