The child restraint law requires that any infant or child who is either or both under 4 years of age and weighs less than 40 pounds must be in an approved, properly used child safety seat while being transported in vehicles registered in Ohio (see chart below for law specifics).
Ohio’s law applies to vehicle owners, parents, guardians, friends, neighbors, relatives, schools and day care centers while transporting a child. Law enforcement officers can stop motorists as a primary offense for not having children buckled up properly.
Fines for violators of the child restraint law include the following:
First offense—up to $100
Second and subsequent offenses—up to $250 and 30 days in jail
Recent Ohio legislation
Introduced in 2005, House Bill 343 modified Ohio’s child restraint law. HB 343 was signed by the Governor in January 2007 and became effective in April 2007. The bill:
Requires a child who is between 4 and 15 years of age to be restrained either in an approved child restraint system or in a seat belt when being transported in a motor vehicle.
Eliminates the nonresident exemption in the Child Restraint Law.
Establishes a mandatory fine of at least $25 for a first violation of any of the Child Restraint Law prohibitions.
All 50 states and the District of Columbia have child restraint laws. For a summary of all state laws compiled by the Insurance Institute for Highway Safety, visit www.iihs.org/laws/state_laws/restrain2.html.
The Lower Anchors and Tethers for Children (LATCH) system is designed to make installation of child safety seats easier by requiring seats to be installed without using the vehicle’s safety belt system. Since September 1999, all new forward facing child safety seats (not including booster seats) have met stricter head protection requirements calling for a top tether strap. This adjustable strap is attached to the back of a child safety seat and has a hook for securing the seat to a tether anchor found either on the rear shelf area of the vehicle, or in the case of minivans and station wagons, on the rear floor or on the back of the rear seat of the vehicle. As of September 2000, all new cars, minivans and light trucks were required to have this tether anchor.
Since September 1, 2002, two rear-seating positions of all cars, minivans and light trucks come equipped with lower child safety seat anchorage points located between a vehicle’s seat cushion and seat back. Also, all child safety seats have two attachments that connect to the vehicles’ lower anchorage attachment points.
A diagram depicting the LATCH anchorage system is provided. Additional child safety seat information is available online at the National Highway Traffic Safety Administration’s (NHTSA) Web site.
A February 2005 NHTSA report, “Child Restraint Use in 2004 – Overall Results,” found that 98% of infants and 93% of toddlers (ages 1-3) observed in passenger vehicles were restrained in some type of child restraint. But only 73% of children ages 4-7 were restrained, down from 83% in 2003. The study also found:
Drivers wearing restraints are more likely to restrain their children
Child passengers need to ride in the rear seat, yet 14% of children ages 4-7 were observed riding in the front seat.
NHTSA requirement for middle back seat lap/shoulder belts
In December 2004, NHTSA directed all automakers to equip the middle back seats of passenger vehicles with lap/shoulder belts. Half of all 2006 models and all 2008 and later models must comply with this requirement.
Four steps of child passenger safety
The Ohio Department of Public Safety (ODPS) promotes the four steps of child passenger safety as:
Step 1—Rear-facing child seats for children from birth to at least 20 pounds and at least one year of age Step 2—Forward-facing child seats for children over 20 pounds and at least one year old to about 40 pounds and about age four. Seat belts can seriously injure or kill small children who are not properly placed in child safety seats. Step 3—Belt-positioning booster seats until they are at least eight years old, unless they are 4’ 9” tall. Step 4—Seat belts for older children large enough for the belt to fit correctly: At least 4’ 9” tall and about 80 pounds.
NHTSA position on booster seats
NHTSA’s position on booster seats is that children who have outgrown child safety seats should be properly restrained in booster seats until they are at least eight years old, unless they are 4’9” tall. ODPS supports this recommendation.
In February 2006, US Transportation Secretary, Norman Mineta, issued a press release stating that national statistics show less than 20 percent of children who should be in booster seats actually ride in them. At that time, Mineta announced a new federal initiative that will provide $25 million over the next four years to states that pass and enforce new or tougher booster seats laws. Currently, only 34 states and the District of Columbia have booster seat laws. To access the complete press release, visit www.dot.gov/affairs/dot2406.htm.
For more information on booster seat laws and to find out if your child should be in a booster seat, visit www.boosterseat.gov.
In May 2006, NHTSA released an “ease of use” rating for child safety seats. NHTSA rated 99 child safety seats from 14 different manufacturers for 2006. Seats are given a grade of “A”, “B” or “C” to denote its ease of use. NHTSA’s “ease of use” ratings can be found at www.nhtsa.dot.gov/CPS/CSSRating/Index.cfm.
*Note: If you use a booster seat, make sure your child meets the weight and height requirements for the make and model of the seat you select. Booster seats, although manufactured for children weighing as little as 30 lbs., are not recommended by the American Academy of Pediatrics until a child weighs 40 lbs. It is important that all the manufacturer’s instructions are followed when installing and using a child safety seat. Help Me Grow information is available at 1-800-755-GROW or www.ohiohelpmegrow.org.
Sources: Ohio Department of Public Safety & Ohio SAFE KIDS Coalition
Source: National Highway Traffic Safety Administration
Of the 1,800 children killed in car crashes in 2003, about one-third were sitting in the front seat and more than half were not in restraints. Children were 40% safer in the backseat. The chance of injury in a car crash is less than 2% when safety seats and seat belts are used. (2005 study sponsored by State Farm Insurance Co., American Academy of Pediatrics and The Children’s Hospital of Philadelphia)
