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Child Passenger Protection

Updated August 2002

By Melissa A. Savage, Senior Policy Specialist

Overview

Motor vehicle crashes represent the leading cause of death for children ages 5 through 12 claiming the lives of 1,939 children in 2001. These children might have been saved had someone ensured that they were properly seated in a child safety seat or buckled up in the rear of the car. To help combat these injuries and deaths, every state has passed some form of child safety restraint legislation. Although these laws are an excellent way of keeping children safe in vehicles, some of them do not offer comprehensive coverage for all children in all situations. For example in some states, passengers age 4 and older are not required to buckle up in rear seats. Other states do not require out-of-state drivers to comply with their child passenger restraint laws. For more information on state laws regarding child passenger protection state charts can be found through the Insurance Institute for Highway Safety.

Both federal and state governments have had a role in addressing this policy issue. At the federal level, the National Highway Traffic Safety Administration has developed guidelines designed to maintain consistent safety standards. State legislatures have established laws requiring that certain safety requirements are met when transporting children in motor vehicles.

This report provides a detailed discussion into state and federal policies regarding child passenger safety. Laws and regulations at both the federal and state level will be examined as well as their evidence of effectiveness.

Federal Action

The National Highway Traffic Safety Administration (NHTSA), an arm of the U.S. Department of Transportation, works to educate and inform the public regarding a variety of traffic safety issues. The administration provides information on child passenger protection including child safety seats, school bus safety, bicycling and pedestrian safety. NHTSA is currently working toward achieving goals set out by the "Presidential Initiative for Increasing Seat Belt Use," which focuses on increasing seat belt use by building strong public-private partnerships, enacting state legislation including primary enforcement laws and closing the gaps in child passenger safety laws. The initiative also has goals regarding child occupant safety. Specifically, through the initiative, NHTSA hopes to reduce child fatalities (0-4 years) by 15 percent by the end of this year and by 25 percent in 2005.

Additionally, through the passage of the Transportation Equity Act for the 21^st Century (TEA-21), $15 million was available for FY 2000 and FY 2001 for child passenger protection education grants to encourage states to start new programs. To become eligible for funding under this program, states had to submit an application to, and receive approval from, the U.S. secretary of transportation to carry out child passenger protection education activities. States were required to use these grant funds for programs that help to prevent deaths and injuries to children and to educate the public about all aspects of child restraint use.

Reauthorization work is underway at the federal level regarding TEA-21. The new legislation, referred to as TEA-3 and other names, is rumored to have similar state grant programs regarding occupant protection as TEA-21.

Through a legislative mandate under Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety, NHTSA is required to issue Federal Motor Vehicle Safety Standards (FMVSS) and regulations. These standards and regulations are designed to ensure that manufacturers of motor vehicles and equipment are building safe and reliable products. These federal safety standards establish minimum safety standards for motor vehicles and motor vehicle equipment. FMVSS 213 covers child restraints. This safety standard outlines requirements for child safety seats used in motor vehicles and airplanes.

NHTSA also has established the method by which people can make complaints about their car seats. The program takes the complaints and also notifies the public regarding car seat recalls. Often the recalls involving car seats require that a certain part be replaced. Occasionally, NHTSA will recommend that the car seat in question be destroyed if the car seat is old or the manufacturer has gone out of business.

If used correctly, child safety seats can be an effective tool in saving lives and preventing injuries. NHTSA estimates that more than 80 percent of child safety seats are installed incorrectly. NHTSA has issued new regulations to make child safety seat installation easier. The new regulations require forward-facing child safety seats manufactured after September 1, 1999, to have a top tether strap that attaches the back of the safety seat to the shelf behind the rear seat of a passenger car or the seat back or floor of a van or SUV. By September 1, 2002, new vehicles and child safety seats are required to be equipped with lower anchors and tethers for children (LATCH) systems, which include two lower anchorage points and top tether systems installed in the back two seating positions in all cars, minivans and light trucks.

According to NHTSA, traffic crashes are the leading cause of death for children partly because most children ride unbuckled or improperly secured. Restraint use is quite high for babies under 13/4 97 percent. Between the ages of 1 and 4 this rate drops to 91 percent and from ages 5 to 15 the rate drops dramatically to 68.7 percent. Nearly 50 percent of all fatally injured children ages 4 to 7 are completely unrestrained.

NHTSA recommends that all children under 12 ride in the back seat, properly buckled in an age-appropriate safety seat. A study recently conducted by NHTSA showed that only a little over 6 percent of children who should have been seated in a booster seat3/4 according to age and weight guidelines3/4 actually were. Because of this problem, NHTSA has created a public education campaign3/4 Boost 'Em Before You Buckle 'Em3/4 to instruct the public about booster seats and their use.

According NHTSA, all children who have outgrown child safety seats should be properly restrained in booster seats until they are 8 years old, unless they exceed 4'9" in height. Whether the determination is based on height or weight, NHTSA firmly believes that children who are too big for traditional car seats may be too small to use adult-sized shoulder/lap belts.

Combined with seat belts, air bags save lives and prevent injuries. According to NHTSA, more than 7,585 people are alive as of February 2002 because of automobile air bags. Driver deaths are being reduced by 14 percent and passenger deaths by approximately 11 percent.

In 1996, air bags were blamed for the deaths of 35 children. The use of air bags was increasing during this time, and many were concerned that, as use increased, so would deaths associated with their use. By 2000, however, as the use of air bags continued to increase, the number of children killed by them dropped to 18. Improvements in technology have contributed to the decrease in deaths. However, many safety advocates believe that parents also can take some of the credit; more parents are following safety recommendations to place their children in the back seat.

For air bags to provide an effective buffer between the occupant and the dashboard or steering wheel, they must deploy at a very rapid speed -- sometimes up to 200 miles per hour. The impact of a deploying air bag often is what causes the injuries and deaths related to air bags among unrestrained adults or children. A simple solution to this potential danger is to have everyone buckle up and ensure that children ride in the back seat.

Because of the possible dangers associated with air bags, NHTSA has granted on/off switch waivers for air bags in certain situations. Since air bags are beneficial in most cases, the on/off switch waiver is granted only to those car owners who show an absolute necessity. An example of such a necessity might be if a child is unable to be seated in the back seat of the car due to a lack of space or if an individual is unable to be seated at least 10 inches away from the location of the air bag. Other qualifying reasons for the on/off switch waivers are if an infant seated in a rear-facing child safety seat is unable to ride in the back seat. Or if a doctor can certify that you have a medical condition that poses a special risk that outweighs the benefits of the air bag.

NHTSA has recently issued a notice of proposed rulemaking regarding improvements to airbags. In order to minimize risk of injury and death to infants, children and small adults, NHTSA is requiring that airbags have the ability to cushion and protect occupants of different sizes, belted and unbelted. The advanced airbags would be required in some new cars beginning Sept. 1, 2002 and in all new cars beginning Sept. 1, 2005.

State Action

All 50 states have some form of child restraint law, and all are primary enforcement laws. The exceptions are Colorado--where the new booster seat law for children ages 4 through 5 allows for secondary enforcement--and Nebraska--where the law is secondary only for children who may use seat belts and primary or standard for those who must be secured in a child safety seat. Most require the use of child restraint systems by a certain age group of children. Some safety advocacy groups argue that gaps exist in coverage for the child restraint laws in some states. In some cases, the laws fail to cover children in all seating positions or the laws may provide an exemption for out-of-state visitors. Regardless of the current gaps in state laws, 49 percent fewer children died in motor vehicle crashes in 2000, compared to such deaths in 1975.

One way to ensure child passengers of all ages are safe is through seat belt laws. Forty-nine states and the District of Columbia have mandatory seat belt laws. New Hampshire is the only state without a seat belt law. Most of these state laws cover front-seat passengers only. Laws in 18 states (Alabama, California, Connecticut, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Texas and Washington) and the District of Columbia are standard, or primary enforcement. Standard enforcement seat belt laws allow police to stop vehicles solely for belt law violations. In states with secondary enforcement, police must first stop the vehicle for another offense before citing the driver for a seat belt violation.

States that have primary enforcement laws in place have an average of 78 percent seat belt use rate, compared with an average of 67 percent in states with secondary laws. These states on average have a seat belt use rate 15 percentage points higher than states that have secondary enforcement laws. Most previous part-time and non-belt users in the primary enforcement states fear citations and significant fines, so they buckle up every trip.

Research has shown that adult behavior is the single greatest predictor of child protection in a vehicle. That is because children model adult behavior, according to the Air Bag and Seat Belt Safety Campaign. A Ford Motor Company study found that 70 percent of the time, if a driver is unbuckled, children riding in that vehicle are also not buckled. Conversely, if the driver is buckled, restraint use for children increases to 94 percent. In fact, after a primary enforcement law was enacted in Louisiana, child restraint use increased from 45 percent to 82 percent in two years.

As discussed previously, all 50 states have laws regarding child passenger protection. The age at which belts can be used instead of child restraints differs among the states. Child restraint laws usually cover young children, while safety belt laws cover older children and adults. Because enforcement and fines differ under belt use and child restraint laws, it's important to know which law is being violated when a child isn't restrained.

Most child restraint laws require that children be secured in child safety seats, depending on their age and weight, when riding in a motor vehicle. However, some of these laws fail to cover all children in all situations. According to the Insurance Institute for Highway Safety, 34 states have child restraint laws and seat belt laws that cover all children younger than 16.

In an effort to close this type of gap, the Washington Legislature passed Anton's Law during the 2000 session. In 1996, while visiting family in Yakima, Wash., Autumn Alexander Skeen and her 4-year-old son Anton were both buckled up using standard lap/shoulder belts. Autumn became distracted and lost control of her sport utility vehicle. The ensuing crash caused Anton's small body to slip out from under the seat belt and be thrown from the vehicle. Anton was killed instantly. Skeen made a common mistake in thinking that Anton was big enough to fit in the vehicle seat without a child safety seat. Anton's Law requires that children ages 4 and 5 and between 40 lbs. and 60 lbs. are secured in a booster seat while riding as passengers in motor vehicles.

Many children outgrow their safety seats when they reach 40 pounds. At this point, they should be moved to a booster seat until they are big enough to wear an adult seat belt. Some experts believe children should ride in booster seats until they weigh at least 80 pounds. According to NHTSA, children should ride secured in a booster seat until they are 8 years old or 4'9" tall.

Arkansas, California and Washington were the first states to pass laws requiring the use of booster seats by children who have outgrown their safety seats. The California law requires children age 5 and younger or less than 60 pounds to ride in a booster seat. In Washington, children between the ages of 4 and 5 and between 40 pounds and 60 pounds are required to use a booster seat. The law in Arkansas requires children 5 years and under and less than 60 pounds to ride restrained in a booster seat.

Several states consider booster seat legislation each year. Today, thirteen states -- Arkansas, California, Colorado, Delaware, Maine, Maryland, Nebraska, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee and Washington -- have passed some type of booster seat law. Some safety organizations argue that some of the new booster seat laws are not strong enough. In some states, the law only covers children up to 40 pounds.

The cargo area of a pickup truck was not designed to transport people. However, space limitations inside the cabs of pickup trucks often force passengers into the back. As the use of pickup trucks increase, so do injuries and deaths associated with pickup truck crashes. Most injuries and deaths occurring in pickup truck crashes involve a passenger, riding unrestrained in the cargo area, being thrown out of the vehicle during a rollover crash. Each year, on average, 200 deaths can be attributed to passengers riding unrestrained in the back of pickup trucks.

Thirty-one states directly address passengers riding in the cargo areas of pickup trucks to varying degrees through state law. Eight states prohibit people of all ages from riding in cargo areas with some exceptions. Twenty-one other states prohibit children of varying ages (from 8 to 18) from riding in a cargo area, also with some exceptions. Exceptions often include parades, agricultural workers, if the bed is completely enclosed, hunters, and emergency situations. Child passenger protection laws in virtually all states that require child safety seats would preclude very young children (generally age 4 and younger) from riding in the back of pickup trucks.

According to a study conducted by the Centers for Disease Control, two out of three children who die in alcohol-related crashes are passengers in a car driven by someone who has been drinking. The study, by Kyran P. Quinlan, analyzed deaths among child passengers between 1985 and 1996. He found that in 64 percent of the crashes, the child was riding with a drunk driver. Eighty-two percent of these children were not properly secured in a child safety seat or a seat belt. A similar study, conducted by the University of North Carolina, Chapel Hill, has shown that 66 percent of the 3,300 children killed in alcohol-related crashes between 1991 and 1996 were passengers in the vehicle being driven by a drunk driver. A common misconception in these types of crashes is that the child was a passenger in the vehicle struck by a drunk driver.

Since the early 1990s, at least 27 states have passed laws to expand protection for children and punish those drunk drivers who would put them at risk. At least 21 states have added stiffer penalties if the basic drunk driving offense occurred with a child present. Under the laws passed in most of these states, the child need not suffer physical harm for the stiffer penalties to apply.

At least four states have adopted laws making it a separate offense to have a child present in the vehicle while driving under the influence of alcohol or controlled substances. In creating separate offenses, Arizona, Georgia, Idaho and Ohio have followed the trend of creating aggravated drunk driving offenses where there are special circumstances, such as a particularly high level of intoxication or endangering a child. The child need not be injured or killed for the driver to be charged with the aggravated offense; the mere presence of a child in the vehicle at the time of the offense is sufficient to warrant the elevated charge.

Some states have passed other laws in an effort to increase child safety seat use. For example, in some states, parents who purchase a child safety seat can receive a tax credit. In other states, the purchase of a child safety seat is exempt from sales tax. Some states have passed legislation requiring insurance companies to cover child safety seats involved in car crashes.

Evidence of Effectiveness

When used correctly child safety seats can reduce the risk of death by as much as 71 percent for infants. Unfortunately, sizing issues, incompatibility between car seat and car, improper seating positions and even gaps in child passenger protection laws can prevent them from being used correctly.

In many communities, child safety seats can be checked for proper installation by certified inspectors. One such program, Safe Kids Buckle Up is held nationwide and offers free check-ups. Observations at these events have shown 85 percent of child safety seats were being used incorrectly. Most of these errors in use stem from the fact that many child safety seats are difficult to install with the many different types of seat belt systems in use today.

In an attempt to remedy this problem, DaimlerChrysler and Fisher-Price, with help from the National Safety Council, have together established an inspection program to provide child safety seat check ups. The program, Fit for a Kid, is open to all families regardless of what brand of motor vehicle they own. Through this program, parents can have their child safety seat inspected by certified safety seat inspectors at any DaimlerChrysler dealership in the country. In 1998, 300,000 child safety seats were inspected. Fit for a Kid has the capacity to inspect 800,000 child safety seats per year.

In 1995, a blue-ribbon panel was created to establish distribution plans for low- or no-cost child safety seats. Once this group established guidelines for distributing the seats, it became apparent that a standardized training program for child passenger safety was needed. NHTSA coordinated a group of interested organizations to develop and plan for the pilot testing of standardized child passenger safety training. Today, NHTSA has a Standardized Child Passenger Safety Training Course and a certification process for technicians and instructors. This course provides high-quality, consistent training to child passenger technicians across the country. NHTSA maintains a database containing the names and locations of certified technicians.

Another obstacle in keeping child passengers safe is making sure that child safety seats are in use. In an effort to increase child safety seat use, NHTSA has provided some communities with resources. In Sedgwick County, Kansas, a recent observational study showed that child safety seat use was low. Data revealed that only 80 percent of children under the age of 4 and 59 percent of children over 4 were restrained correctly. Additionally, approximately 99.5 percent of motorists who used child safety seats were using them incorrectly. NHTSA worked with Sedgwick County in 1997 to establish the Sedgwick County Safe Communities project. The goals of the project were to increase correct use of child occupant protection through community education and to provide child passenger safety training for law enforcement officers, emergency personnel and health care providers. The results of these efforts were a decrease in severe child safety seat installation errors and an increase in training sessions on proper installation and use.

In California, NHTSA helped the city of South El Monte after a study revealed that children 13 years old and younger were involved in a higher number of motor vehicle crashes compared with neighboring cities. Analysis of these crashes showed that injuries and fatalities to these children were due to nonuse or misuse of occupant restraints. The program, Kids In Safety Seats (KISS) was created to develop a bicultural and bilingual traffic safety program. As a result of KISS, child safety seat use increased by more than 25 percent and seat belt compliance increased to 92.7 percent.

Conclusion

Motor vehicle crashes are the leading cause of death among children. These crashes are responsible for the deaths of more than 2,100 child passengers under age 15 and serious injuries to 327,000 more each year. The best way to make sure the safety of child passengers is to ensure that they are either buckled up or seated in an age and size appropriate child safety seat. A common problem is the incorrect use of child safety seats. In order to solve this problem some auto manufacturers have established programs working with certified inspectors to perform free child safety seat checks.

Another obstacle in keeping child passengers safe is current gaps in state seat belt and child passenger protection laws. Some states have passed legislation to strengthen the child passenger laws and ultimately close gaps. Two states considered, and one passed, legislation this session regarding the use of booster seats. According to NHTSA, children are being moved too soon out of child safety seats. Children are often too small for the adult lap/shoulder belts most cars have, but too large for their convertible car seats. Through the proper use of booster seats and seat belts, the child can be secured properly.

Contact for further information

Melissa Savage, Senior Policy Specialist
(303) 364-7700, ext. 174

Links

Air Bag & Seat Belt Safety
American Academy of Pediatrics
The Insurance Institute for Highway Safety
The National Highway Traffic Safety Administration
National Safe Kids
SafetyBeltSafe, USA

State Laws on Passenger Use of Cargo Areas in Pickup Truck

(1) This provision is designed to prohibit riding on hoods, fenders and other places not designated for passengers. The exemption for people in the body of a truck applies to enclosed areas such as the cargo area of a straight truck or van.

Proper Child Safety Seat Use

 Transportation Reviews page

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