AB 435

Existing law requires a parent, legal guardian, or driver who transports a child under 16 years of age on a highway in a motor vehicle to properly secure that child in an appropriate child passenger restraint system or safety belt, as specified. Existing law authorizes a child or ward under 8 years of age who is 4 feet 9 inches in height or taller to be properly restrained by a safety belt rather than by a child passenger restraint system. Existing law prohibits the operator of a limousine for hire, an authorized emergency vehicle, or a taxicab from operating the limousine for hire, authorized emergency vehicle, or taxicab unless the operator and any passengers 8 years of age or older in the front seat are properly restrained by a safety belt. Existing law also prohibits a parent, legal guardian, or chartering party from transporting on a bus, or permit to be transported on a bus, a child, ward, or passenger who is 8 years of age or older, but under 16 years of age, unless they are properly restrained by a safety belt, and unless they are acceptably restrained by a safety belt for a child, ward, or passenger who is under 8 years of age and under 4 feet 9 inches in height. A violation of these provisions is an infraction. Existing law defines, for purposes of the above provisions, “properly restrained by a safety belt” to mean that the lap belt crosses the hips or upper thighs of the occupant and the shoulder belt, if present, crosses the chest in front of the occupant. Existing law defines “acceptably restrained by a safety belt” to mean the latch plate is securely fastened in the buckle, the lap belt is adjusted to fit low and tight across the hips or upper thighs, not the stomach area, the shoulder belt is adjusted snugly across the chest and the middle of the shoulder, away from the neck, and the shoulder belt is not placed behind the back or under the arm. This bill would instead, commencing January 1, 2027, define “properly restrained by a safety belt” to mean that the child, ward, or passenger meets the requirements of the 5-Step test, which includes that the child, ward, or passenger is sitting all the way back against the auto seat, the knees of the child, ward, or passenger bend over the edge of the auto seat, the shoulder belt snugly crosses the center of the child, ward, or passenger’s chest and shoulder, not the child, ward, or passenger’s neck, the lap belt is as low as possible and is touching the child, ward, or passenger’s thighs, and the child, ward, or passenger can stay seated like this for the whole trip. By changing this definition and thereby expanding the scope of existing crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.