SJPD Star

Automobile Seat Belts and Child Safety Seats

Seatbelt Laws - 27315(d)(1) applies to drivers, who would receive the citation for the violation. 27315(e) applies to passengers, who would receive the citation for the violation.

27315(d)(1)CVC - A person may not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt.

27315(e)CVC - A person 16 years of age or over may not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt.

Child Passenger Restraint System: Requirements for Children 8 Years of Age or Younger

27360(a)CVC -  Except as provided in Section 27363 a parent, legal guardian, or driver shall not transport on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (3) of Section 27315, a child or ward who is under eight years of age, without properly securing that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.

27360.5(a)CVC - A parent, legal guardian, or driver shall not transport on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, a child or ward who is eight years of age or older, but less than 16 years of age, without properly securing that child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.
(b) Subdivision (a) does not apply to a driver if the parent or legal guardian of the child is also present in the motor vehicle and is not the driver.

Child Safety Seat Check Information - to receive assistance on the proper installation of your Child Safety Seat, refer to one of the below agencies:

  • San Jose CHP Car seat checks available by appointment only Tuesday and Thursday after 3 p.m. To schedule an appointment call 408-467-5400 .
  • Hollister-Gilroy CHP Car seat checks available twice a month by appointment only. To schedule call Public Affairs at 408-848-2324
  • The San Jose Police Department NO LONGER PROVIDES THIS SERVICE.

For additional information on Child Safety Seats, here is a helpful website (Español is available): http://www.carseat.org/


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