BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 53 Hearing Date: 7/7/2015
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|Author: |Cristina Garcia |
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|Version: |4/14/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Christine Hochmuth |
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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.
AB 53 (Cristina Garcia) Page 2 of ?
2)As of January 1, 2017, enacts the following provisions:
a) 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.
b) 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.
c) Includes an exemption for children under two that weigh
40 or more pounds or are 40 or more inches tall.
d) 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.
AB 53 (Cristina Garcia) Page 3 of ?
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
AB 53 (Cristina Garcia) Page 4 of ?
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
AB 53 (Cristina Garcia) Page 5 of ?
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