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 ----------------------------------------------------------------- |Author: |Cristina Garcia | |----------+------------------------------------------------------| |Version: |4/14/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Christine Hochmuth | |: | | ----------------------------------------------------------------- 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 ? -- END --