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What Are The Booster Seat Laws in Pennsylvania?

Posted on August 8, 2022

Once car seats are outgrown, children are still not ready for adult seat belts. Local child passenger safety laws require these kids to travel in booster seats, typically until 8 years old.

Pennsylvania Booster Seat Law

Children who are at least four years old and 40 pounds can ride in a booster seat and must do so until they either reach 8 years old, 57″, or 80 pounds. The booster seat manufacturer’s minimum and maximum size requirements should also be followed. For example, most manufacturers require a minimum of 4 years old, 40″ tall, and 40 pounds to sit in a booster seat. Kids under 40 pounds should still ride in a harnessed car seat.

Children between 4 and 8 who must ride in a vehicle with only lap belts are allowed to use them or can continue to ride in a harnessed car seat within manufacturer height and weight limits. Keep in mind that a harnessed car seat would be the safest option in this situation, as adult seat belts do not fit most children properly until they reach 10 to 12 years of age.

Penalties for Violating Pennsylvania’s Booster Seat Law

If you fail to use a booster seat for a child when required by law, a police officer can stop you for non-compliance with the Child Passenger Protection Law for children ages 4 to 8. The ticket is $75, plus court costs, a $45 surcharge, $10 to the EMS Fund, and $10 for administrative fees. However, the fine can be dismissed if you provide proof that you have acquired the appropriate booster seat before or at your hearing—for example, you can mail the appropriate court officer a receipt, a notarized letter of transferal from another child seat owner, or bailment from a bona fide child seat loaner program.

Importance of Car Seats: How They Protect Children

Car seats are specifically designed to protect children from the impact of a crash by:

  • Absorbing Crash Forces: Car seats distribute the force of a collision across the strongest parts of a child’s body, reducing the likelihood of severe injuries.
  • Preventing Ejections: A properly secured child in a car seat is far less likely to be thrown from the vehicle in an accident.
  • Providing Additional Head and Neck Support: Since young children have underdeveloped neck muscles, car seats help prevent whiplash and traumatic brain injuries.
  • Reducing Fatality Risks: According to the National Highway Traffic Safety Administration (NHTSA), the correct use of car seats reduces the risk of fatal injury by 71% for infants and 54% for toddlers in passenger vehicles.

Despite these benefits, studies show that nearly 59% of car seats are used incorrectly. Common mistakes include loose harness straps, incorrect recline angles, and improper seatbelt positioning.

How to Choose the Right Type of Car Seat?

Selecting the right car seat depends on a child’s age, weight, and height. Different types of car seats offer varying levels of protection, and each stage of a child’s development requires a specific type of restraint.

Rear-Facing Car Seats

Recommended for infants and toddlers, these seats provide crucial head, neck, and spine protection. The American Academy of Pediatrics (AAP) advises keeping children in rear-facing seats until at least age two or until they outgrow the height or weight limit set by the manufacturer.

Forward-Facing Car Seats

Once a child outgrows a rear-facing seat, a forward-facing seat with a five-point harness should be used. These seats help distribute crash forces evenly and offer better protection for growing children.

Booster Seats

Children who exceed the height and weight limits for a forward-facing car seat should transition to a booster seat. Booster seats help position the seatbelt correctly across a child’s body, reducing the risk of abdominal and neck injuries.

Seatbelts

Once a child is big enough for the seatbelt to fit properly—typically when they reach at least 4 feet 9 inches in height, usually between ages 8 and 12—they can use a seatbelt alone.

Parents should always refer to car seat manufacturer guidelines and ensure the seat is installed correctly according to the vehicle’s manual. Many local fire stations and health departments offer free car seat inspections to help parents confirm proper installation.

Booster Seat Tips

  • Ensure the booster seat is properly installed in the backseat by checking the user manual and following instructions. The lap portion of the seat belt should lay across the child’s hips and the shoulder belt over the collar bone.
  • Never use a lap-only seat belt with a booster seat.
  • Double check that the child is wearing the seat belt correctly. The shoulder portion of the seat belt should never go under a child’s arm or behind their back.
  • Always move the booster seat with your child if they are traveling in a different car that does not have one.
  • Register the booster seat to be notified of recalls.

When Can Kids Ride In the Front Seat In Pennsylvania?

Pennsylvania does not have a law on when kids can ride in the front seat, but many car manufacturers specify that children should ride in the back until age 13. Not only are their bodies not fully developed for seatbelts until then, but studies also show that children sustain more severe injuries in a car accident when sitting in the front seat compared to the backseat. Additionally, the National Highway Traffic Safety Administration (NHTSA) warns that airbags also present their own dangers and can cause severe injuries or even death  in children riding in the front seat.

How Can a Personal Injury Lawyer Help After a Child is Injured in an Auto Crash?

Even with the best precautions, car accidents still happen. If a child is injured in a crash, families may face overwhelming medical bills, emotional trauma, and legal challenges. A personal injury lawyer can assist in several ways:

Investigating the Cause of the Accident
An attorney can determine whether another driver’s negligence, a car seat defect, or other factors contributed to the child’s injuries.

Holding Negligent Drivers Accountable
If another driver was at fault, a lawyer can help secure compensation for medical expenses, pain and suffering, and future rehabilitation needs.

Pursuing Claims Against Car Seat Manufacturers
If a car seat was defective or failed to protect a child as advertised, parents may also have grounds for a product liability lawsuit against the manufacturer.

Negotiating with Insurance Companies
Insurance companies often try to minimize or deny claims, but a skilled lawyer can ensure families receive the compensation they deserve.