BILL ANALYSIS Ó
AB 53
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ASSEMBLY THIRD READING
AB
53 (Cristina Garcia)
As Amended April 14, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Transportation |14-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Campos, | |
| | |Chu, Daly, Dodd, | |
| | |Eduardo Garcia, Gomez, | |
| | |Linder, Medina, | |
| | |Melendez, O'Donnell | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Appropriations |14-3 |Gomez, Bigelow, Bloom, |Gallagher, Jones, |
| | |Bonta, Calderon, |Wagner |
| | |Chang, Daly, Eggman, | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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
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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."
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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
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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