Policy Text
TOM DaRé , CHIEF OF POLICE
Professional Standards Division NUMBER: 2021 -11
ISSUED: July 1 , 2021
Child Restraint Laws
The purpose of this training is to help officers identify child restraint violations and the proper
steps to take when enforcing child restraint laws. The goal of this training is to insure that
children are being secured in the safest way possible during transportation and to reduce the
number of injuries due to traffic collisions. This training should not only help officers enforce
child restraint laws, but also help educate offic ers so they may educate the public.
California Law requires that all children under two years of age ride in a rear -facing child
restraint system in the rear seat of a motor vehicle, unless the child weighs 40 or more pounds
or is 40 or more inches tall.
Child restraint systems have stickers on the side of them stating the height and weight limits
and when to turn a rear facing seat forward. It is important to keep children rear facing as long
as possible. Rear facing seats better protect a child’s head, neck, and spinal cord during a
collision. If a parent, guardian, or driver questions the age/height/weight limits of a rear facing
seat due to the child’s legs/feet hitting the backseat or the child not being able to straighten
their legs it is important to know that as long as the height and weight limits of a rear facing
child restraint system are properly followed the length of a child’s legs will not compromise the
safety the child restraint system provides.
California Law requires all children under eight years of age to ride in a proper child restraint
system in the rear seat of the vehicle. If the child is under 8 years of age and 4”09” or taller, the
child may ride in a vehicle without a child restraint system. If a child is eight years of age or
older and a seatbelt does not fit them correctly they need to be in a proper child restraint
system.
For a child eight years old and older to not be in any kind of child restraint system a seatbelt
must fit them according to the California Vehicle Code spe cifications. The lower lap portion of the
belt must cross the hips or upper thighs of the occupant and the upper shoulder portion of the
belt (if present) must cross the chest.
Things to look for:
The shoulder portion of the belt should not be rubbing or resting on the individual’s neck.
When an individual is too small for a seatbelt the lap portion will be seen crossing their
stomach. TRAINING BULLETIN
The individuals back should be against the back of the seat, their knees are over the edge
of the seat, and their feet s hould be touching the floor of the vehicle.
These are easy ways to look for a violation without knowing the child’s age. Remember seatbelts
are made for adults and therefore if a seatbelt does not fit an individual correctly they are at
increased risk for serious injury or death during a traffic collision. Vehicles have different seat
depths and heights. A child may be safe to ride without a child restraint system in one vehicle,
but need one for a different vehicle.
When the violator is in a rental vehicle they may still be cited. CVC 27365(a)(1) through (c) –
states rental agencies, by law, must provide a child restraint system to customers who request
it. This child restraint system must meet federal motor vehicle safety standards and be no more
than 5 years old. The rental agencies are required to notify their customers of this either on a
sign in the office or in a handout in the rental agreement.
Due to this, all renters are made aware when renting a vehicle that child restraint systems
are readi ly available and therefore if the child is not in a proper child restraint system the
driver may be cited.
Enforcement / Vehicle Codes
Enforcement for a child under 2 years of age:
CVC 27360(b) - A parent, legal guardian, or driver who transports a child under two years of age
on a highway in a motor vehicle shall properly secure the child in a rear -facing child passenger
restraint system, unless the child weighs 40 or more pounds or is 40 or more inches tall. The
child shall be secured in a manner t hat complies with the height and weight limits specified by
the manufacturer of the child passenger restraint system.
Enforcement for a child under 8 years of age:
CVC 27360(a) – A parent, legal guardian, or driver who transports a child under eight years of
age on a highway in a motor vehicle, shall properly secure that child in a rear seat in an
appropriate child passenger restraint system meeting applicable federal motor vehicle safety
standards.
**Exception to CVC 27360(a):
**CVC 27363(d) - Notwithsta nding Section 27360, a child or ward under eight years of age who
is four feet nine inches in height or taller may be properly restrained by a safety belt, as defined
in paragraph (2) of subdivision (d) of Section 27315, rather than by a child passenger re straint
system.
Enforcement for a child 8 – 15 years of age:
CVC 27360.5(a) - A parent, legal guardian, or driver shall not transport on a highway in a motor
vehicle a child or ward who is eight years of age or older, but less than 16 years of age, withou t
properly securing that child or ward in an appropriate child passenger restraint system or
safety belt meeting applicable federal motor vehicle safety standards.
According to