Existing law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under 8 years of age in an appropriate passenger restraint system while the child is riding in a motor vehicle. A violation of the Vehicle Code is a crime.

This bill would require a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is under 2 years of age in an appropriate rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches in height. Because a violation of these requirements would be a crime, 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.

Existing law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under 8 years of age in an appropriate passenger restraint system while the child is riding in a motor vehicle. A violation of the Vehicle Code is a crime.

This bill would require a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is under 2 years of age in an appropriate rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches in height. Because a violation of these requirements would be a crime, 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.

Existing law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under 8 years of age in an appropriate passenger restraint system while the child is riding in a motor vehicle. A violation of the Vehicle Code is a crime.

This bill would require a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is under 2 years of age in an appropriate rear facing child safety seat while the child is riding in a motor vehicle. rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches in height. Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program.

Existing law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under 8 years of age in an appropriate passenger restraint system while the child is riding in a motor vehicle.

This bill would require a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under 2 years of age in an appropriate rear facing child safety seat while the child is riding in a motor vehicle.

 THIRD READING  

Bill No: AB 53

Author: Cristina Garcia (D)

Amended: 4/14/15 in Assembly

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 10-1, 7/7/15

AYES: Beall, Cannella, Allen, Bates, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

NOES: Gaines

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 65-13, 5/11/15 - See last page for vote

SUBJECT: Vehicles: child safety seats

SOURCE: Author

DIGEST: This bill establishes requirements for securing children under the age of 2 in rear-facing child seats in vehicles.

ANALYSIS: Existing law establishes requirements for child passenger restraints. With certain exceptions, children under 8 cannot be transported in motor vehicles without being properly secured in a back seat with an appropriate child passenger restraint system which conforms to federal standards, unless the parent or legal guardian is present and is not the driver. The court may exempt any class of child by age, weight, or size if the restraint system is determined to be impractical due to limitations of physical unfitness, medical condition, or size. A violation of these provisions results in a fine of $100 for the first offense and $250 for a second or subsequent offense. The Department of Motor Vehicles (DMV) is required to prepare and disseminate educational materials related to passenger restraint requirements for infants and children under age 15.

This bill:

1. Adds a sunset clause of January 1, 2017, to the existing child passenger restraint law for children younger than 8 years of age.

2. Enacts, as of January 1, 2017, the following provisions:

1. Requires a parent, legal guardian, or driver to secure children under 8, while traveling in a motor vehicle, in a rear seat with an appropriate child passenger restraint system meeting federal standards.

2. Requires a parent, legal guardian, or driver to secure children under the age of 2, while traveling in a motor vehicle, in a rear-facing child passenger restraint system meeting federal standards.

3. Includes an exemption for children under 2 that weigh 40 or more pounds or are 40 or more inches tall.

4. Requires that the child be secured in compliance with the passenger restraint manufacturer’s specifications.

Comments

Purpose. The author states this bill is necessary due to the high incidence of injury and mortality of young children involved in motor vehicle crashes. Motor vehicle crashes are the leading cause of death for children ages 1 through 12, killing over 1,000 children each year. The author cites studies that find almost three-quarters of parents turn car seats to face forward sooner than recommended by the American Academy of Pediatricians (AAP). The author believes this bill will help parents to better protect their children.

Recommendations from AAP. In 2011, AAP released a technical report on child passenger safety in which it recommends that all infants and toddlers should ride in a rear-facing child safety seat (CSS) until they are 2 years of age or until they reach the highest weight or height allowed by the manufacturer of their CSS. AAP’s recommendations are based on U.S. crash data that found children in forward-facing CSSs were significantly more likely to be seriously injured when compared to children restrained in rear-facing CSSs in all crash types. Rear-facing CSSs support the child’s head and may prevent the relatively large head from moving independently of the proportionately smaller neck. AAP additionally advises state law makers to consider “phasing-in” the rear-facing requirement over a minimum two-year period in order to allow time to educate parents on the safety benefits of rear-facing CSSs.

Confusing standards? The recommendation from AAP, upon which this legislation is modeled, is to face the rear until 2 years of age or until the child reaches the highest weight or height allowed by the manufacturer of the CSS. This bill similarly requires that children be secured in compliance with CSS manufacturers’ specifications, but also adds an additional, potentially conflicting, exemption for children greater than 40 pounds or 40 inches.

Certain car seats on the market are convertible and are rated to be rear-facing up to a specific height/weight, after which they can be converted to be forward-facing. What should happen in the case of a child who is younger than 2, exceeds the manufacturer’s requirements for rear-facing, but does not meet the 40 pounds/40 inches exemption? Which provision should parents follow in order to be compliant? If this bill passes, the delayed implementation is intended to give parents time to understand the law and purchase the proper CSS for their child.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/17/15)

AAA Northern California, Nevada, and Utah

American Academy of Pediatrics, California

American College of Emergency Physicians — California Chapter

American Medical Response

California Academy of Preventative Medicine

California Association of Highway Patrolmen

California Coalition for Children’s Safety and Health

California Medical Association

California State Firefighters’ Association

California State PTA

Early Edge California

El Camino Children and Family Services Inc.

National Safety Council

Nationwide Insurance

Personal Insurance Federation of California

State Farm Mutual Automobile Insurance Company

Zero to Three Western Office

OPPOSITION: (Verified 8/17/15)

None received

ASSEMBLY FLOOR: 65-13, 5/11/15

AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood

NOES: Travis Allen, Brough, Beth Gaines, Gallagher, Grove, Harper, Jones, Kim, Mathis, Obernolte, Olsen, Wagner, Wilk

NO VOTE RECORDED: Mayes, Atkins

Prepared by: Christine Hochmuth / T. & H. / (916) 651-4121

8/20/15 13:38:54

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 53 Hearing Date: 7/7/2015

SUBJECT: Vehicles: child safety seats

DIGEST: This bill establishes requirements for securing children under the age of two in rear-facing child seats in vehicles.

ANALYSIS:

Existing law establishes requirements for child passenger restraints. With certain exceptions, children under eight cannot be transported in motor vehicles without being properly secured in a back seat with an appropriate child passenger restraint system which conforms to federal standards, unless the parent or legal guardian is present and is not the driver. The court may exempt any class of child by age, weight, or size if the restraint system is determined to be impractical due to limitations of physical unfitness, medical condition, or size. A violation of these provisions results in a fine of $100 for the first offense and $250 for a second or subsequent offense. The Department of Motor Vehicles (DMV) is required to prepare and disseminate educational materials related to passenger restraint requirements for infants and children under age 15.

This bill:

1. Adds a sunset clause of January 1, 2017 to the existing child passenger restraint law for children younger than eight years of age.

2. As of January 1, 2017, enacts the following provisions:

1. Requires a parent, legal guardian, or driver to secure children under eight, while traveling in a motor vehicle, in a rear seat with an appropriate child passenger restraint system meeting federal standards.

2. Requires a parent, legal guardian, or driver to secure children under the age of two, while traveling in a motor vehicle, in a rear-facing child passenger restraint system meeting federal standards.

3. Includes an exemption for children under two that weigh 40 or more pounds or are 40 or more inches tall.

4. Requires that the child be secured in compliance with the passenger restraint manufacturer’s specifications.

COMMENTS:

Purpose. The author states this bill is necessary due to the high incidence of injury and mortality of young children involved in motor vehicle crashes. Motor vehicle crashes are the leading cause of death for children ages 1 through 12, killing over 1,000 children each year. The author cites studies that find almost three-quarters of parents turn car seats to face forward sooner than recommended by the American Academy of Pediatricians (AAP). The author believes this bill will help parents to better protect their children.

Recommendations from AAP. In 2011, AAP released a technical report on child passenger safety in which it recommends that all infants and toddlers should ride in a rear-facing child safety seat (CSS) until they are two years of age or until they reach the highest weight or height allowed by the manufacturer of their CSS. AAP’s recommendations are based on U.S. crash data that found children in forward-facing CSSs were significantly more likely to be seriously injured when compared to children restrained in rear-facing CSSs in all crash types. Rear-facing CSSs support the child’s head and may prevent the relatively large head from moving independently of the proportionately smaller neck. AAP additionally advises state law makers to consider “phasing-in” the rear-facing requirement over a minimum two-year period in order to allow time to educate parents on the safety benefits of rear-facing CSSs.

Confusing standards? The recommendation from AAP, upon which this legislation is modeled, is to face the rear until 2 years of age or until the child reaches the highest weight or height allowed by the manufacturer of the CSS. This bill similarly requires that children be secured in compliance with CSS manufacturer’s specifications, but also adds an additional, potentially conflicting, exemption for children greater than 40 pounds or 40 inches.

Certain car seats on the market are convertible and are rated to be rear-facing up to a specific height/weight, after which they can be converted to be forward-facing. What should happen in the case of a child who is younger than 2, exceeds the manufacturer’s requirements for rear-facing, but does not meet the 40 pounds/40 inches exemption? Which provision should parents follow in order to be compliant? If this bill passes, the delayed implementation is intended to give parents time to understand the law and purchase the proper CSS for their child.

Related Legislation:

SB 929 (Evans, Chapter 474, Statutes of 2011) — prohibits a parent, legal guardian, or driver from transporting on a highway in a motor vehicle, as defined, a child or ward who is under 8 years of age without securing that child in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.

SB 177 (Lowenthal, 2009) — allowed certain children to sit in the front seat under an exception, lowering the age of the children occupying the rear seats from 12 to 8 years of age. SB 177 died in the Assembly Transportation Committee.

AB 881 (Mullin, 2007) — required a child who is under 8 years of age to be secured in a rear seat in an appropriate child passenger restraint system. AB 881 was vetoed by Governor Schwarzenegger.

AB 2108 (Evans, 2006) — required a child who is under 8 years of age to be secured in a rear seat in an appropriate child passenger restraint system. AB 2108 was vetoed by Governor Schwarzenegger.

AB 1697 (Pavley, Chapter 524, Statutes of 2003) — requires that a child or ward who is less than 6 years of age or weighs less than 60 pounds be secured in a rear seat in a specified child passenger restraint system.

Assembly Votes:

Floor: 65-13

Appr: 14-3

Trans: 14-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

POSITIONS: (Communicated to the committee before noon on Wednesday,

July 1, 2015.)

SUPPORT:

AAA Northern California, Nevada, and Utah

American Academy of Pediatrics, California

American College of Emergency Physicians — California Chapter

American Medical Response

California Academy of Preventative Medicine

California Association of Highway Patrolmen

California Coalition for Children’s Safety and Health

California Medical Association

California State Firefighters’ Association

California State PTA

Early Edge California

El Camino Children and Family Services Inc.

National Safety Council

Nationwide Insurance

Personal Insurance Federation of California

State Farm Mutual Automobile Insurance Company

Zero to Three Western Office

OPPOSITION:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 53

Author:(Cristina Garcia)

As Amended Ver:April 14, 2015

Majority vote

SUMMARY: Requires a child under two years of age to be properly secured in a rear facing child safety seat (CSS) while being transported in a motor vehicle, as specified. Requires the provisions specified in this bill to become operative on January 1, 2017.

EXISTING LAW:

1. Requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under age eight in the appropriate passenger restraint system while transporting the child in a motor vehicle.

2. Provides that a violation of the abovementioned requirement is subject to a $100 fine for the first offense and a $250 fine for the second and every subsequent offense.

3. Provides a number of exemptions for the abovementioned requirement, including a court issued exemption or a child exceeding height and weight requirements, as specified.

4. Requires a public or private hospital, clinic, or birthing center to discuss and provide documentation related to the requirements of child passenger restraint systems and transporting a child under age eight, as specified.

5. Requires the Department of Motor Vehicles (DMV) to prepare and disseminate educational materials related to passenger restraint requirements for infants and children under age 15.

FISCAL EFFECT: According to the Assembly Appropriations Committee, "Minor non-reimbursable cost to local law enforcement agencies for enforcement, offset to some extent by fine revenues. Any costs to CHP [California Highway Patrol] and DMV will be minor and absorbable."

COMMENTS: A report released in 2010 by the National Highway Traffic Safety Administration (NHTSA) reported that injuries suffered in a motor vehicle traffic crashes are the leading cause of death among children in the United States. The report further concluded that various studies have shown that children who are correctly using the appropriate restraint for their sizes and ages are at a significantly lower risk of sustaining serious or fatal injuries. Additionally, the Centers for Disease Control and Prevention reports that motor vehicle fatalities are the second leading cause of death for children age two and under.

In March 2011, the American Academy of Pediatrics (AAP) released a revised set of passenger safety recommendations when transporting children under age 13 in a motor vehicle. AAP's recommendation included having infants and toddlers ride in rear-facing CSS until they reach two years of age or until they reach the maximum weight or height allowed by the CSS manufacturer. This recommendation also advises state lawmakers to consider "phasing-in" the rear-facing requirement over a minimum two-year period in order to educate parents on the safety benefits of rear-facing CSSs.

The AAP's recommendations were based on the evaluation of a series of studies and research that determined, when properly used, CSSs reduce the risk of injury by 71% to 82% and reduce the risk of death by 28% when compared to children of the same age only using a seatbelt. The research shows that, during an accident, a rear facing CSS benefits children under age two due to the increased support to the child's head that is relatively larger, heavier, and more developed than the child's neck and spine. Thus, the potential for a child's head to snap forward and break their necks and/or injure their spinal cords is significantly minimized.

Although the safety benefits of using a rear facing CSS is well documented, studies indicate many parents turn CSSs front facing too early. For example, a study by the University of Michigan found that only 23% of parents kept their child in a rear facing CSS until age two. On the other hand, other reports show parents are reluctant to keep a child rear facing in order to avoid distractions from an uncooperative child or due to the lack of leg room (depending on the size of the vehicle).

This bill intends to reduce the injury risk of infants and toddlers involved in motor vehicle accidents by requiring children under age two to be placed in a rear facing CSS when transported in a motor vehicle. This bill also includes exemptions based on a child's height and weight in addition to requiring parents to comply with the CSS manufacturer's height and weight limitations. The author notes, this bill "will help protect against the tragedy of traffic fatalities involving toddlers and keep California children safe. California could be the first state in the nation to pass this important law to protect our youngest residents."

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0000300

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 53

Author:(Cristina Garcia) – As Amended Ver:April 14, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires, effective January 1, 2017, that a child under two years of age be properly secured in a rear facing child safety seat (CSS) while being transported in a motor vehicle, as specified.

FISCAL EFFECT:

Minor nonreimbursable cost to local law enforcement agencies for enforcement, offset to some extent by fine revenues. Any costs to CHP and DMV will be minor and absorbable.

COMMENTS:

1. Background. In March 2011, the American Academy of Pediatrics (AAP) released a revised set of passenger safety recommendations for transporting children under age 13 in a motor vehicle. AAP's recommendation included having infants and toddlers ride in rear-facing CSSs until they reach two years of age or until they reach the maximum weight or height allowed by the CSS manufacturer. This recommendation also advises state lawmakers to consider "phasing-in" the rear-facing requirement over a minimum two-year period in order to educate parents on the safety benefits of rear-facing CSSs.

2. Purpose. This bill intends to reduce the injury risk of infants and toddlers involved in motor vehicle accidents by implementing the AAP recommendation. The bill also includes exemptions based on a child's height and weight in addition to requiring parents to comply with the CSS manufacturer's height and weight limitations. The author contends the bill "will help protect against the tragedy of traffic fatalities involving toddlers and keep California children safe. California could be the first state in the nation to pass this important law to protect our youngest residents."

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 20, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 53

Author:(Cristina Garcia) – As Amended Ver:April 14, 2015

SUBJECT: Vehicles: child safety seats

SUMMARY: Requires a child under two years of age to be properly secured in a rear facing child safety seat (CSS) while being transported in a motor vehicle, as specified. Requires the provisions specified in this bill to become operative on January 1, 2017.

EXISTING LAW:

1. Requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under age 8 in the appropriate passenger restraint system while transporting the child in a motor vehicle.

2. Provides that a violation of the abovementioned requirement is subject to a $100 fine for the first offense and a $250 fine for the second and every subsequent offense.

3. Provides a number of exemptions for the abovementioned requirement, including a court issued exemption or a child exceeding height and weight requirements, as specified.

4. Requires a public or private hospital, clinic, or birthing center to discuss and provide documentation related to the requirements of child passenger restraint systems and transporting a child under age 8, as specified.

5. Requires the Department of Motor Vehicles (DMV) to prepare and disseminate educational materials related to passenger restraint requirements for infants and children under age 15.

FISCAL EFFECT: Unknown

COMMENTS: A report released in 2010 by the National Highway Traffic Safety Administration (NHTSA) reported that injuries suffered in a motor vehicle traffic crashes are the leading cause of death among children in the United States. The report further concluded that various studies have shown that children who are correctly using the appropriate restraint for their sizes and ages are at a significantly lower risk of sustaining serious or fatal injuries. Additionally, the Centers for Disease Control and Prevention reports that motor vehicle fatalities are the second leading cause of death for children age two and under.

In March 2011, the American Academy of Pediatrics (AAP) released a revised set of passenger safety recommendations when transporting children under age 13 in a motor vehicle. AAP's recommendation included having infants and toddlers ride in rear-facing CSS until they reach two years of age or until they reach the maximum weight or height allowed by the CSS manufacturer. This recommendation also advises state lawmakers to consider "phasing-in" the rear-facing requirement over a minimum two-year period in order to educate parents on the safety benefits of rear-facing CSSs.

The AAP's recommendations were based on the evaluation of a series of studies and research that determined, when properly used, CSSs reduce the risk of injury by 71% to 82% and reduce the risk of death by 28% when compared to children of the same age only using a seatbelt. The research shows that, during an accident, a rear facing CSS benefits children under age two due to the increased support to the child's head that is relatively larger, heavier, and more developed than the child's neck and spine. Thus, the potential for a child's head to snap forward and break their necks and/or injure their spinal cords is significantly minimized.

Although the safety benefits of using a rear facing CSS is well documented, studies indicate many parents turn CSSs front facing too early. For example, a study by the University of Michigan found that only 23% of parents kept their child in a rear facing CSS until age two. On the other hand, other reports show parents are reluctant to keep a child rear facing in order to avoid distractions from an uncooperative child or due to the lack of leg room (depending on the size of the vehicle).

This bill intends to reduce the injury risk of infants and toddlers involved in motor vehicle accidents by requiring children under age two to be placed in a rear facing CSS when transported in a motor vehicle. This bill also includes exemptions based on a child's height and weight in addition to requiring parents to comply with the CSS manufacturer's height and weight limitations. The author notes, this bill "will help protect against the tragedy of traffic fatalities involving toddlers and keep California children safe. California could be the first state in the nation to pass this important law to protect our youngest residents."

Double referral: This bill will be referred to the Assembly Appropriations Committee should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California

American College of Emergency Physicians, California Chapter

California Association of Highway Patrolmen

Early Edge California

El Camino Children and Family Services Inc.

National Safety Council

Nationwide Insurance

State Farm Mutual Automobile Insurance Company

Personal Insurance Federation of California

Zero to Three, Western Office

Opposition

None on file

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093