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 Safety Seat Law – Child must use safety seat, in a rear seat (see exceptions below), until they are 6 years old or weigh 60 pounds. For vehicles with active front air bags, children may not ride in the front seat if they are under one year of age, or less than 20 pounds, or riding in a rear-facing child passenger restraint system.
27360(a) CVC A parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may not permit his or her child or ward to be transported upon a highway in the motor vehicle without properly securing the child or ward in a rear seat in a child passenger restraint system meeting applicable federal motor vehicle safety standards, unless the child or ward is one of the following:
(1) Six years of age or older
(2) Sixty pounds or more
(b) (1) A driver may not transport on a highway a child in a motor vehicle, as defined in Section 27315, without properly securing the child in a rear seat in a child passenger restraint system meeting applicable federal motor vehicle safety standards, unless the child is one of the following:
(A) Six years of age or older
(B) Sixty pounds or more
(2) This subdivision does not apply to a driver if the parent or legal guardian of the child is also present in the vehicle and is not the driver.
(c) (1) For purposes of subdivisions (a) and (b), and except as provided in paragraph (2), a child or ward under the age of six years who weighs less than 60 pounds may ride in the front seat of a motor vehicle, if properly secured in a child passenger restraint system that meets applicable federal motor vehicle safety standards, under any of the following circumstances:
(A) There is no rear seat.
(B) The rear seats are side-facing jump seats.
(C) The rear seats are rear-facing seats.
(D) The child passenger restraint system cannot be installed properly in the rear seat.
(E) All rear seats are already occupied by children under the age of 12 years.
(F) Medical reasons necessitate that the child or ward not ride in the rear seat. The court may require satisfactory proof of the child's medical condition.
(2) A child or ward may not ride in the front seat of a motor vehicle with an active passenger airbag if the child or ward is one of the following:
(A) Under one year of age.
(B) Less than 20 pounds.
(C) Riding in a rear-facing child passenger restraint system.
27360.5 CVC. (a) No parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may permit his or her child or ward who is six years of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more to be transported upon a highway in the motor vehicle without properly securing the child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.
(b) No driver may transport on a highway any child who is six years of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more in a motor vehicle, as defined in Section 27315, without properly securing the child in a child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards. This subdivision does not apply to a driver if the parent or legal guardian of the child is also present in the 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 Police Department Community Services/Crime Prevention Unit Child Safety Seat inspections by appointment only, call 408-277-4133
- 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
For additional information on Child Safety Seats, here is a helpful website (Español is available): http://www.carseat.org/