Carseat laws (what our loal tech told me)...is he right? - Sybermoms Parenting Forum
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post #1 of 10 (permalink) Old 01-05-2006, 08:09 AM Thread Starter
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Carseat laws (what our loal tech told me)...is he right?

Our local carseat tech told me that there is a new law in our state that follows the 'test' of whether or not the child is big enough for a seat without any kind of child restraint (boosters included). I asked him if it was online anywhere because everything I've read still says 4 and 40 (not that I follow that). He said he hasn't been able to find it online either, ut that it's the new law.

Could he be right? I have not seen any state laws that go by the 'test' rather than weight and age.
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post #2 of 10 (permalink) Old 01-05-2006, 11:23 AM
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I think you misunderstood him. A lot of people use the five step test (it isn't a law) to see if a child is ready to get out a booster by fit (the only accurate measurement, age, height and weight and the law alone will not determine whether a child should be out of booster).

What state do you live in? I'll be happy to look up the law in your state for it.

Basically, the five step test is a test for safety of a child out of booster; it isn't a law.
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post #3 of 10 (permalink) Old 01-05-2006, 08:48 PM Thread Starter
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No, he said it was the LAW! That is why I thought it was so odd. I specifially questioned it because I had read that the LAW stated it was 4 and 40 in our state (New Mexico) even though I knew that the 5 step test was a better indicator. He was adament about saying it was a new law, but that he couldn't find it online either. I even asked, "Is it actually the law, or just the recommendation?" and he said it was the law (and made a point of saying it was new).

Even if it were the law it seems odd to me that a state would go from 4 and 40 (which is what I have read the law is) to the 5-step test, bi-passing the higher age and weight minimums.
Is he crazy or am I missing something?
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post #4 of 10 (permalink) Old 01-06-2006, 01:13 AM
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From the usa.safekids.org website

New Mexico State Child Occupant Protection Law

Effective Date
06/17/2005

Law Mandate

* Children ages 17 and under must be restrained in some manner regardless of seating position.

* Children less than 1 year of age must be properly restrained in a rear-facing child safety seat in the back seat when possible.

* Children ages 1 to 4, regardless of weight, or children less than 40 pounds, regardless of age, should be properly restrained in an appropriate child safety seat.

* Children ages 5 to 6, regardless of weight, or children less than 60 pounds, regardless of age, should be properly restrained in a child booster seat or appropriate child safety seat.

* Children ages 7 to 17 should be restrained in a child safety seat or safety belt.

* Primary enforcement

Public Education

New Mexico's law requires an education campaign about the benefits of child safety seats.
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post #5 of 10 (permalink) Old 01-06-2006, 01:37 AM
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Exclamation WOW!

Here is the info from actual NM law!

Quote:
AN ACT
RELATING TO MOTOR VEHICLES; REQUIRING CHILD BOOSTER SEAT USE
FOR CERTAIN CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-7-369 NMSA 1978 (being Laws 1983, Chapter 252, Section 2, as amended) is amended to read:
"66-7-369. CHILD PASSENGER RESTRAINT--ENFORCEMENT.--

A. A person shall not operate a passenger car, van or pickup truck in this state, except for an authorized emergency vehicle, public transportation or a school bus, unless all passengers less than eighteen years of age are properly restrained.

B. Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows:

(1) children less than one year of age shall be properly secured in a rear- facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag;

(2) children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards;

(3) children five years of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in either a child booster seat or an appropriate
child passenger restraint device that meets federal standards; and

(4) children seven years of age through
twelve years of age shall be properly secured in a child passenger restraint device or by a seat belt.

C. A child is properly secured in an adult seat belt when the lap belt properly fits across the child's thighs and hips and not the abdomen. The shoulder strap
shall cross the center of the child's chest and not the neck, allowing the child to sit all the way back against the
vehicle seat with knees bent over the seat edge.

D. Failure to be secured by a child passenger restraint device, by a child booster seat or by a safety belt
as required by this section shall not in any instance constitute fault or negligence and shall not limit or
apportion damages."
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post #6 of 10 (permalink) Old 01-06-2006, 01:39 AM
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It wasn't very difficult to find BeachMama. I just did some googling and found it in about 5-10 minutes.
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post #7 of 10 (permalink) Old 01-06-2006, 11:56 AM
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Click here to enlarge But of course, if you were off having a baby. Click here to enlarge

Congratultions!!
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post #8 of 10 (permalink) Old 01-20-2006, 11:14 AM Thread Starter
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well, you are a better googler than the cop and myself.

thanks.
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post #9 of 10 (permalink) Old 06-16-2006, 10:32 PM
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:bump


Sorry for the snarkiness above, BeachMama!!!
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post #10 of 10 (permalink) Old 06-18-2006, 11:01 PM Thread Starter
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Thanks!
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