A new car seat/booster seat law went into effect on August 2, 2012 in Arizona. I have seen many interpretations and misleading statements about it posted online. Is it for children under 7? Under 9? 8 and younger? Is the requirement by age or weight, or both age and weight? I received an email from a concerned parent which included the request:
I was researching the recent change in ARS 28-907 effective this month, August, regarding the inclusion of children "ages 5 through 7 (younger than 8 ) and 4'9" or shorter" referring the Booster seat law HB-2154 and came across your entry in About.com http://phoenix.about.com/od/parenting/a/childseat.htm. I tried to go to AZ.gov to get the exact wording to see if it should be AND or OR as far as any child who should satisfy both age and height requirement or just one requirement in order to be kept in a booster seat....This should be clarified as the OR conjunction would include many more vs. AND which would exclude those taller 5-7 year olds (or older but shorter) who only satisfy one requirement.
Here it is, as simply as I can offer it.
The old law required that any child in a passenger vehicle under 5 years old must be secured in a child restraint system.
The new law in Arizona requires:
- Any child under 5 years old must be secured in a child restraint system.
- Any child at least 5 years old but under 8 years old who is also 4'9" tall or shorter must be secured in a child restraint system.
Examples:
- Your daughter is 6 years old and 4'1" tall. She must be in a child restraint system when riding in a vehicle. She is more than 5 years old but not yet 8 years old, and not taller than 4'9".
- Your daughter is 9 years old and 4'5" tall. She is not required by law to be in a child restraint system. Although she is not taller than 4'9", she is not under 8 years old.
- Your son is 7 years old and 5'2" tall. He is not required by law to be in a child restraint system. Although he is more than 5 years old but not yet 8 years old, he is taller than 4'9".
- Your son is 7 years old, 4'8" tall and weighs 70 pounds. He must be in a child restraint system. He is more than 5 years old but not yet 8 years old, and not taller than 4'9". Weight is not a factor in Arizona.
What if you have a child that is older but still rather small? Can you have them use a booster seat in the car? Of course you can, but that's up to you.
Clear? Have more questions? Post them in the "Comments" section below and I will try to get an answer for you.
Comments
If you’d like more information on safety seat checks or to get suggestions on a safety seat for your child, please feel free to contact Mike Duhame, AAA AZ community relations specialist, at 602-241-2945.
Thank you for clearing that up and providing the information to the actual ruling. I was just searching for this information and so many different sites are quoting wrong information. I didn’t know about this until I saw a notice at the library today. The notice said 4-8 years old and 4’10 or less, so they have it wrong as well. Thanks again.
I disagree with this explanation. SB 2154 states, ” each passenger in a motor vehicle between the ages of 5 and 8 AND who is not more than 4’9″ tall to be restrained in a child restraint system”. It is still confusing..I have an 8 year old that is 4’5″ so he doesn’t meet both criteria. And if you take it literally, the ages between 5 and 8 are only 6 and 7 year olds. Does 8 mean the day they turn 8 or the day before they turn 9?
Hi Linda,
Not sure what you are disagreeing with here. The statute is clear, and reads “under 8″ with respect to age. See number 2, above. “Any child at least 5 years old but under 8 years old who is also 4’9″ tall or shorter must be secured in a child restraint system.” Your child is not under eight years old. If your child is already 8, you are not required by law to have him in a child restraint system.
As an aside, my explanation and examples have been verified as correct by AAA Arizona, which was actively involved in the entire process of getting this law passed. I hope that helps.
Does Arizona have a law stating a child car seat can not be secured in the front passenger seat? Also, what if the car is a coupe? Thanks for your help.
Ben
I just talked to a person of the Arizona Department of Public Safety, and this person told me that there is no law for the front seats. She also said that the most important is to follow the law ARS28-907 ( car seat confusion). And also said we should read the manual of the cars in which we transport our children as this could help us make a good decision.
Is the booster seat required to be in the back seat, or can it be in the front? We have a grandchild, 6 yrs old, 39″ tall and 28 lbs. I find myself constantly looking in the rearview mirror checking on her and would feel more comfortable with her in the front seat.
Hello Gaetano. The child should be in the back seat. If you can place the booster seat in the middle of the back seat, where it is safest anyway, it is easier to talk to the child and glance back when appropriate. If there is a reason that you feel you need to look back all the time, for example, if the child can wiggle out of the booster seat or it otherwise doesn’t fit the child properly, I would get some assistance from one of the many local organizations who are experts on that. I have now updated the original article since the statute is now online, and you can read my comments about the front seat there. I have also included resources for getting assistance there. Here’s that link again: http://phoenix.about.com/od/parenting/a/childseat.htm.
Gaetano, I hope that your car doesn’t have air bags in the front passengers side as that air bag could possibly kill your grandchild, this is why the law states that children must be in the rear seats.
Hi NanaSuze. Thanks for your comment. Just to be clear here, the latest law revision does not specifically address front or rear seats at all. Federal regulations do, however. I have now updated the original article since the statute is now online, and you can read my comments about the front vs rear seat issue there. Here’s that link again: http://phoenix.about.com/od/parenting/a/childseat.htm.
Hello, Thank you for all of your info on the new car seat law in Arizona. I just moved here from Washington State and the laws there are very confusing at times with height, weight, age, ect. This is very clear to me but I do have a question for you. Does the law state what kind of car seat the child under 5 should be in..OR.. the child between 5-8? In Washington you have to have certain car seats for certain ages, height, weight and so on. I’m just curious to know if Arizona has rules/laws in that category. I have twin boys that are 5yrs old and are in a 5pt booster seat that still doesn’t use the actual seat belts around there body it connects to the car seat so I’m just curious if they HAVE to change to the seat belt with the booster? does this make sense? I’m sorry for all the questions I’m just new to the area and want what’s best for my little boys
Thank you!
Danyelle
Hi Danyelle,
The Arizona law uses the phrase “Child Restraint System.” The law, itself, does nor prescribe which restraint system is required for which child, except to the extent that the federal regulations must be met. On this page (http://phoenix.about.com/od/parenting/a/childseat.htm) I provide a general overview of which seats are which. As long as you are using that booster seat per the manufacturers instructions you should be fine. Maybe this article will help as well: http://pediatrics.about.com/od/carseats/g/high_back.htm. Welcome to Arizona!
I see quite a good response on the question in this site.
May be a little off subject. I have 7 year old must be 50″ tall by now.
And I ride motorcycle sports type. when can my child sit in the back and ride with me.
He can reach the peddle (foot rest ) quite comfortably.
thanks
-PS
Hello Pramode. Well, you stumped me. I don’t know of any statute that limits the age of a passenger on a motorcycle in AZ. My unofficial answer is the that the motorcycle must have a seat designed for a passenger, the passenger must be able to reach the footrests, and the passenger under 18 must wear a helmet. My source: http://www.americanmotorcyclist.com/Rights/State-Laws.aspx?stateid=3
I checked with AZ DPS last week (Sept., 2012) re the motorcycle vs passenger vehicle issue regarding these new laws and they clarified that a motorcycle is considered a motor vehicle for the purposes of the two laws being discussed, car seat and booster seat. Meaning if the motorcycle can’t adequately hold a car seat or booster seat in place, which of course neither can, no child should ever be allowed to ride on a motorcycle until they are above the age and height limits discussed. A helmet is not enough.
Thanks, Eileen, for posting the results of that research. In your opinion, would a child who can reach the footrests on a motorcycle like meet the height requirement?
Hi Judy, I live in a planned community and many of us use golf carts within the community. Do golf carts fall under the designation of recreational vehicles, thereby making it unnecessary for carseats? There is some confusion here. Most golf carts are not equipped with seat belts. I would appreciate your advice. Thanks.
Hi Marie. I don’t have an official answer for you. Logic would dictate that if the golf cart is “street legal” (required to be registered, insured) that having a child ride in it without the appropriate car seat or booster seat would not work. I mention street legal because I know that there are golf cart owners who don’t comply with vehicle laws for their golf cart, but still drive them on public streets, not just on golf courses or private roads. I also know that some golf cart owners treat golf carts like kiddie cars or bumper cars, allowing children — even those that can’t reach the pedals — to drive them around for fun. Very dangerous. In any case (getting off my soap box here!) you would have to contact the MVD with your question to get an official answer, depending on how your golf cart is used/ where you drive it.
i sometimes have to pick up 3 children at school. my car is a 1987 cabriolet that has seat belts for two in the back. those are used for the carseats for two 3 year olds. can the 6 year old ride on a booster in the front, using the car’s seat belt restraint? there are no airbags in the car.
I have a three year old child that weighs almost 50lbs. He is too big for a regular 5 point car seat. Is it ok by law to have him in a booster seat?
To g navarro: Your child must be in the appropriate child restraint system if he is shorter than 4’9″. AZ law doesn’t address weights at all and doesn’t specify what kind of child restraint system you must use. There are 5-point car seats for larger kids. This article might help:
http://babyproducts.about.com/b/2006/04/03/car-seats-for-larger-or-overweight-babies.htm
Are taxis included in the exception? We travel often and are always troubled getting to the airport with the children safely and not costing a fortune by leaving a car or troubling friends and then taking car seats… bla!
Hi Brian,
My understanding is that taxis are not exempt from the car seat law. I called one taxi company and they told me that they have a certain number of cars with car seats/booster seats, but not all so a person might have to wait longer for a cab if they need one. They did tell me that there was no extra charge for that (Discount Cab). I don’t know if other taxi or limo services do the same thing. Lots of people I know travel with the appropriate car seat. A pain, I know. If you don’t want to travel that way, there are companies that, once you get here, rent stuff for the little ones. I know I always used to rent beds, cribs and such for my nieces and nephews when they came to visit, and I know they have car seats, too.
So my child is 3 under 4’9 and weighs 40 lbs should he be In a booster seat or front facing car seat
Hi Brad. The new law really had to do with extending the age that children need to be secured, assuming they are of a certain height.. Arizona’s law does not take weight into account. Three year olds were always required to be in a car restraint system, and that has not changed. You need to use one that is appropriate for the child’s size so that it fits and is properly secured and doesn’t hurt the child (belts cutting into the neck, for example). Checking the manufacturers instructions for the child restraint system is the best way to know. Those instructions are usually about height and weight not age.
My grandson is 4 and weighs approx. 35 lbs. 3 ft. 4inches can he use a booster seat or does he have to have a child restraint seat?
Hi Virginia,
A child under 5 must be in a child restraint system that is appropriate for his size, age and weight. Typically, that would not be a booster seat for this child. A convertible seat is probably in order. Read the manufacturer’s guidelines for product use, and it will indicate if it is appropriate.
Here is the article link again.
I am still unclear if my child needs to be on a booster sit. She is 8 but under 4’9″. I have yet to see or find kids that are under 8 that are taller than, or at 4’9″ to meet the criteria. I agree with Linda (comment 3) – how can the regular seat belt hold the 8 yr old properly (strap over the shoulder) if he/she is not tall enought?
Hi Veronica A.
I will reproduce here my comment from above: ” Any child at least 5 years old but under 8 years old who is also 4’9″ tall or shorter must be secured in a child restraint system. It is and not or, meaning that the law applies to children who meet both the age and height requirements. ”
I believe you are misreading it. The requirement exists for those that are under 8 and 4’9″ or shorter, not taller.
You are certainly welcome to use a child restraint system for your shorter-than-4’9″-tall, but 8+ year old if you feel that is safer. It is simply that the law doesn’t require it.