Child Passenger Safety Law
New York State Child Passenger Law Upgraded to Require Appropriate Restraint Use For Children Under Age Seven
On March 27, 2005, New York State joined twenty-eight states to upgrade their child occupant protection laws to address the transportation needs of older children. The law now requires the use of booster seats or other appropriate child restraint systems for four, five and six year olds. A child restraint system is a device that is used in conjunction with safety belts, designed to restrain, seat or position a child in a motor vehicle and meets Federal Motor Vehicle Safety Standards. These systems may include a child safety seat, harness/vest or booster seat which when used appropriately must meet the child's height, weight, and size recommendations of the manufacturer. A booster seat must be used with a lap AND shoulder belt. Previously, the law required children in this age group to use only adult safety belts placing them at increased risk of injury and death.
According to the National Highway Traffic Safety Administration, nearly 3,300 children ages 4-7 died in motor vehicle crashes in the nation from 1994-2002; 79 of those deaths occurred in New York State. More than 95% of these children were riding unbuckled or using only adult safety belts. Improperly fitting safety belts can cause needless injuries, even death in a crash or sudden stop situation. Booster seats properly position the lap and shoulder belt and reduce injury risk by 59% when compared to children who use only safety belts.
Most children need to ride in boosters from about age 4 until at least 8 years of age. The lap and shoulder belt should fit properly with the lap portion of the belt low and snug across the upper thighs and the shoulder portion crossing the chest and resting over the middle of the shoulder. The child also should be able to bend his/her knees over the edge of the seat when sitting with his/her back up against the vehicle seat.
The Bureau of Injury Prevention has developed a brochure and poster to promote the use of appropriate restraints and safe riding behaviors for children between the ages of four and eight that is available through the New York State Department of Health website
- Give Your Kids a Boost! - Brochure (PDF, 353KB, 5pg.)
- Give Your Kids a Boost! - Poster (PDF, 120KB, 1pg.)
Other Information About Child Passenger Safety
The law requires children under age four be restrained in federally approved child safety seats when riding in a motor vehicle. If the child weighs more than 40 pounds and is under age four the child may be restrained in an appropriate child restraint system, which includes the use of a booster seat. Safety experts recommend children age 12 and under ride properly restrained in the back seat. This position is safest as they are less likely to be injured in a frontal crash or from a deploying air bag. For more information about booster seats, contact the NYSDOH Bureau of Injury Prevention at (518) 473-1143. Additional information can be obtained by visiting the website for the New York State Department of Motor Vehicles Governor's Traffic Safety Committee at http://www.safeny.com