CALIFORNIA CODES

VEHICLE CODE

SECTION 27360-27368

 

 

 

 

27360.  (a) 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.

   (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.

 

 

 

27360.5.  (a) 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.

 

 

 

27360.6.  (a) (1) For a conviction under Section 27360 or 27360.5, a

first offense is punishable by a fine of one hundred dollars ($100),

except that the court may reduce or waive the fine if the defendant

establishes to the satisfaction of the court that he or she is

economically disadvantaged, and the court, instead, refers the

defendant to a community education program that includes, but is not

limited to, education on the proper installation and use of a child

passenger restraint system for children of all ages, and provides

certification to the court of completion of that program. Upon

completion of the program, the defendant shall provide proof of

participation in the program. If an education program on the proper

installation and use of a child passenger restraint system is not

available within 50 miles of the residence of the defendant, the

requirement to participate in that program shall be waived. If the

fine is paid, waived, or reduced, the court shall report the

conviction to the department pursuant to Section 1803.

   (2) The court may require a defendant described under paragraph

(1) to attend an education program that includes demonstration of

proper installation and use of a child passenger restraint system and

provides certification to the court that the defendant has presented

for inspection a child passenger restraint system that meets

applicable federal safety standards.

   (b) (1) A second or subsequent conviction under Section 27360 or

27360.5 is punishable by a fine of two hundred fifty dollars ($250),

no part of which may be waived by the court, except that the court

may reduce or waive the fine if the defendant establishes to the

satisfaction of the court that he or she is economically

disadvantaged, and the court, instead refers the defendant to a

community education program that includes, but is not limited to,

education on the proper installation and use of child passenger

restraint systems for children of all ages, and provides

certification to the court of completion of that program. Upon

completion of the program, the defendant shall provide proof of

participation in the program. If an education program on the proper

installation and use of a child passenger restraint system is not

available within 50 miles of the residence of the defendant, the

requirement to participate in that program shall be waived. If the

fine is paid, waived, or reduced, the court shall report the

conviction to the department pursuant to Section 1803.

   (2) The court may require a defendant described under paragraph

(1) to attend an education program that includes demonstration of

proper installation and use of a child passenger restraint system and

provides certification to the court that the defendant has presented

for inspection a child passenger restraint system that meets

applicable federal safety standards.

   (c) Notwithstanding any other law, the fines collected under this

section shall be allocated as follows:

   (1) (A) Sixty percent to health departments of local jurisdictions

where the violation occurred, to be used for a community education

and assistance program that includes, but is not limited to,

demonstration of the proper installation and use of child passenger

restraint systems for children of all ages and assistance to

economically disadvantaged families in obtaining a restraint system

through a low-cost purchase or loan. The county or city health

department shall designate a coordinator to facilitate the creation

of a special account and to develop a relationship with the court

system to facilitate the transfer of funds to the program. The county

or city may contract for the implementation of the program. Prior to

obtaining possession of a child passenger restraint system pursuant

to this subdivision, a person shall attend an education program that

includes demonstration of proper installation and use of a child

passenger restraint system.

   (B) As the proceeds from fines become available, county or city

health departments shall prepare and maintain a listing of all child

passenger restraint low-cost purchase or loaner programs in their

counties, including a semiannual verification that all programs

listed are in existence. Each county or city shall forward the

listing to the Office of Traffic Safety in the Business,

Transportation and Housing Agency and the courts, birthing centers,

community child health and disability prevention programs, county

clinics, prenatal clinics, women, infants, and children programs, and

county hospitals in that county, who shall make the listing

available to the public. The Office of Traffic Safety shall maintain

a listing of all of the programs in the state.

   (2) Twenty-five percent to the county or city for the

administration of the community education program.

   (3) Fifteen percent to the city, to be deposited in its general

fund except that, if the violation occurred in an unincorporated

area, this amount shall be allocated to the county for purposes of

paragraph (1).

 

 

27361.  A law enforcement officer reasonably suspecting a violation

of Section 27360 or 27360.5, or both of those sections, may stop a

vehicle transporting a child appearing to the officer to be within

the age specified in Section 27360 or 27360.5. The officer may issue

a notice to appear for a violation of Section 27360 or 27360.5.

 

 

 

 

27362.  (a) A manufacturer, wholesaler, or retailer shall not sell,

offer for sale, or install in a motor vehicle, a child passenger

restraint system that does not conform to all applicable federal

motor vehicle safety standards on the date of manufacture.

Responsibility for compliance with this section shall rest with the

individual selling the system, offering the system for sale, or

installing the system. A person who violates this section is guilty

of a misdemeanor and shall be punished as follows:

   (1) Upon a first conviction, by a fine not exceeding four hundred

dollars ($400), or by imprisonment in a county jail for a period of

not more than 90 days, or both.

   (2) Upon a second or subsequent conviction, by a fine not

exceeding one thousand dollars ($1,000), or by imprisonment in a

county jail for a period of not more than 180 days, or both.

   (b) The fines collected for a violation of this section shall be

allocated as follows:

   (1) (A) Sixty percent to the county or city health department

where the violation occurred, to be used for a child passenger

restraint low-cost purchase or loaner program which shall include,

but not be limited to, education on the proper installation and use

of a child passenger restraint system. The county health department

shall designate a coordinator to facilitate the creation of a special

account and to develop a relationship with the superior court to

facilitate the transfer of funds to the program. The county may

contract for the implementation of the program. Prior to obtaining

possession of a child passenger restraint system pursuant to this

section, a person shall receive information relating to the

importance of utilizing that system.

   (B) As the proceeds from fines become available, county health

departments shall prepare and maintain a listing of all child

passenger restraint low-cost purchase or loaner programs in their

counties, including a semiannual verification that all programs

listed are in existence. Each county shall forward the listing to the

Office of Traffic Safety in the Business, Transportation and Housing

Agency and the courts, birthing centers, community child health and

disability prevention programs, and county hospitals in that county,

who shall make the listing available to the public. The Office of

Traffic Safety shall maintain a listing of all of the programs in the

state.

   (2) Twenty-five percent to the county for the administration of

the program.

   (3) Fifteen percent to the city, to be deposited in its general

fund except that, if the violation occurred in an unincorporated

area, this amount shall be allocated to the county for purposes of

paragraph (1).

 

 

 

27362.1.  (a) No individual may sell or offer for sale a child

passenger restraint system that was in use by a child during an

accident involving a motor vehicle.

   (b) A violation of this section shall be punished by a fine of one

hundred dollars ($100).

 

 

 

27363.  (a) The court may exempt from the requirements of this

article any class of child by age, weight, or size if it is

determined that the use of a child passenger restraint system would

be impractical by reason of physical unfitness, medical condition, or

size. The court may require satisfactory proof of the child's

physical unfitness, medical condition, or size and that an

appropriate special needs child passenger restraint system is not

available.

   (b) In case of a life-threatening emergency, or when a child is

being transported in an authorized emergency vehicle, if there is no

child passenger restraint system available, a child may be

transported without the use of that system, but the child shall be

secured by a seatbelt.

   (c) A child weighing more than 40 pounds may be transported in the

backseat of a vehicle while wearing only a lap safety belt when the

backseat of the vehicle is not equipped with a combination lap and

shoulder safety belt.

   (d) Notwithstanding Section 27360, a child or ward under eight

years of age who is four feet nine inches in height or taller may be

properly restrained by a safety belt, as defined in paragraph (2) of

subdivision (d) of Section 27315, rather than by a child passenger

restraint system.

   (e) Notwithstanding Section 27360, a child or ward under eight

years of age may ride properly secured in an appropriate child

passenger restraint system meeting applicable federal motor vehicle

safety standards in the front seat of a motor vehicle under any of

the following circumstances:

   (1) There is no rear seat.

   (2) The rear seats are side-facing jump seats.

   (3) The rear seats are rear-facing seats.

   (4) The child passenger restraint system cannot be installed

properly in the rear seat.

   (5) All rear seats are already occupied by children seven years of

age or under.

   (6) 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.

   (f) Notwithstanding subdivision (e), a child shall not be

transported in a rear-facing child passenger restraint system in the

front seat of a motor vehicle that is equipped with an active frontal

passenger airbag.

 

 

27363.5.  (a) A public or private hospital, clinic, or birthing

center shall, at the time of the discharge of a child, provide to and

discuss with the parents or the person to whom the child is

released, if the child is under eight years of age, information on

the current law requiring child passenger restraint systems, safety

belts, and the transportation of children in rear seats.

   (b) A public or private hospital, clinic, or birthing center shall

also provide to and discuss with the parent or person to whom the

child is released, if the child is under eight years of age, contact

information to direct the person to an Internet Web site or other

contact that could provide, at no cost or low cost, information and

assistance relating to child passenger restraint system requirements,

installation, and inspection. Pursuant to this subdivision, the

hospital, clinic, or birthing center does not have any additional

obligation to provide patients with any assistance relating to child

passenger restraint systems, other than providing the contact

information as set forth in this subdivision. This contact

information may include the following:

   (1) Call 1-866-SEAT-CHECK or visit www.seatcheck.org to find a

nearby location.

   (2) The telephone number of the local office of the Department of

the California Highway Patrol.

   (3) The Internet Web site for the National Highway Traffic Safety

Administration's Child Safety Seat Inspection Station Locator.

   (4) The Internet Web site for the State Department of Public

Health's child passenger restraint system safety inspection locator.

   (c) A public or private hospital, clinic, or birthing center shall

not be responsible for the failure of the parent or person to whom

the child is released to properly transport the child.

 

 

 

27364.  (a) It is the intent of the Legislature, in enacting this

article, to insure that children, who are, because of their tender

years, helpless dependent passengers, are provided with the safest

transportation possible.

   (b) It is the further intent of the Legislature to stress and

communicate to all drivers in this state the importance of using

child passenger restraint systems.

   (c) Nothing in this article shall be construed to extend

application of these provisions to a class of children other than the

class of children herein specified.

 

 

27365.  (a) (1) A car rental agency in California shall inform each

of its customers of Section 27360 by posting, in a place conspicuous

to the public in each established place of business of the agency, a

notice not smaller than 15 by 20 inches which states the following:

   "CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 8 YEARS OF AGE TO BE

TRANSPORTED IN THE REAR SEAT OF THE VEHICLE IN A CHILD RESTRAINT

SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL OF A CHILD

RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM

YOURSELF."

   (2) The posted notice specified in paragraph (1) is not required

if the car rental agency's place of business is located in a hotel

that has a business policy prohibiting the posting of signs or

notices in any area of the hotel. In that case, a car rental agency

shall furnish a written notice to each customer that contains the

same information as required for the posted notice.

   (b) Every car rental agency in California shall have available

for, and shall, upon request, provide for rental to, adults traveling

with children under eight years of age, child passenger restraint

systems that are certified by the manufacturer to meet applicable

federal motor vehicle safety standards for use by children, are in

good and safe condition, with no missing original parts, and are not

older than five years.

   (c) A violation of this section is an infraction punishable by a

fine of one hundred dollars ($100).

 

 

 

27366.  (a) The department shall do the following:

   (1) Prepare and disseminate materials for the purpose of educating

the public about the importance of using passenger restraints for

infants and children under 15 years of age. These materials shall

include, but are not limited to, audiovisual aids and written

materials that explain the effects of motor vehicle accidents on

infants and children and the reduction in risk of injury or death as

a result of the utilization of passenger restraints for infants and

children.

   (2) As funding is available, produce and administer a billboard

campaign stressing the importance of utilizing child passenger

restraint systems and instructing the public on where to obtain those

systems.

   (b) The department, the Office of Traffic Safety, and the State

Department of Health Services shall meet annually to coordinate,

share information about, and outline the programs that each

organization is pursuing in the area of child passenger restraint

systems.

 

 

27368.  This article applies to child passengers in a fully enclosed

three-wheeled motor vehicle that is not less than seven feet in

length and not less than four feet in width, and has an unladen

weight of 900 pounds or more.