New York City Booster Seat Law in Brief
As is the case for all states, New York has laws regarding the use of booster seats to keep children safe in the event of a car crash. However, New York City goes a step further by adopting its own law that differs from the state’s. Each law requires children to be correctly restrained in booster seats that correspond with their age until they fit in an adult seatbelt.
In New York State, children have to be at least four years old and under 8 years old, and who are also less than 4 feet 9 inches tall, must be secured in a booster seat. Children under four who weigh at least 40 pounds may continue to use a federally approved weight appropriate car seat , and may transition to a booster seat after that time.
New York City law goes further. Section 118 of the NYC Traffic Rules, in accordance with NYV&TL § 1229-c, states that children under 6 years old and measuring less than 57" in height must be restrained in federally approved booster seats unless they weigh more than 65 pounds. NYC law also states that adults who observe a child under 6 years old in a car without a booster seat or other age-appropriate seat may report the incident to the city’s administration for children’s services. This law does not apply to taxis or other for-hire vehicles.
Updates and Revisions to the Law
New York City adopted local law 59, known as the "Child Passenger Safety Law," mandating the use of seat belts and child safety restraints in all motor vehicles operating within the five boroughs of New York. The law, amended from its prior version in reference to vehicle ages, requires children under the age of four (4) be restrained properly in a seat belt previously approved or certified by the U.S. Department of Transportation in a properly installed child safety restraint. There are several exceptions to this rule including license/restricted permit holders and in instances when a medical professional has formally confirmed that a child of such size cannot be properly restrained in a motor vehicle. In such circumstances a waiver must be executed by the operating parent or guardian, outlining the child’s medical ailments and waiving the right to be restrained.
While the exemption from this law is quite limited, authorities have since softened the blow of monetary penalties associated with first offenses, a fine reduced from $200 to $50. Beginning in March of 2016, penalties on subsequent infractions were increased, increasing to $100 for a second violation within a thirty-six (36) month period, and $250 for third and any subsequent violations within thirty-six (36) months of the previous most recent violation.
Fines for Non-Compliance
In New York City, parents and guardians can face significant penalties for failing to adhere to booster seat requirements. As of May 2019, the standard fine for violating child passenger safety law is $140. The law does not provide the option to plead guilty to a lesser charge or to pay a fine as an alternative to pleading guilty to both of the above offenses.
For example, in the boroughs of Staten Island and Brooklyn, Conviction of Penal Law § 1229-c(5) or § 1229-c(5-a) is punishable by a $138 fine upon a first conviction, and a $225 penalty upon a second or subsequent conviction within a 18 month period. In the boroughs of the Bronx and Queens, the penalty is $60.00 upon first conviction and $90.00 upon a second conviction. In the borough of Manhattan, a fine of $250 is assessed payable in 10 days.
Why Booster Seat Laws Are Important
For parents, child safety is the primary concern in all aspects of raising children. Making sure your child is safe in the car is especially important for one specific reason. According to the CDC (Centers for Disease Control and prevention), "motor vehicle crashes are a leading cause of injury and death among children in the United States." And "Motor vehicular crashes claim the lives of hundreds of children four to fourteen years old in New York state every year." Research from The National Traffic Safety Board explains "Child restraints are devices used to protect children in motor vehicles, reduce the risk for injury, and increase the likelihood of a positive outcome in a crash." So Let’s look at the statistics to see how effective child restraints (also known as booster seats) are at keeping our kids safe . "Many child restraints are marketed and sold as ‘crash-tested,’ meaning that they have gone through a rigorous, controlled crash test. However, the true test of crashworthiness occurs in the real world. In every case we have investigated (Nassau County Park Police and others), the child remained restrained with no injuries." (National Transportation Safety Board) "Use of booster seats reduces the risk of injury by 45 percent for children age four to eight when compared to the use of seat and lap belts alone." (Nassau County Police) Based on the research, If you want to keep your children safe while you are driving, make sure that they are restrained properly according to N.Y. Vehicle and Traffic Law Section 1229-c.
Buying the Right Booster Seat
Selecting an appropriate booster seat for your child typically depends on the child’s age, size and underlying ability:
• High Back Booster Seats – The child must be at least 4 years old and no greater than 100 pounds. While these seats are appropriate for use when the child’s neck is at or above the vehicles head rest, proper head support is crucial for proper belt positioning of the lap and shoulder belts.
• Backless Booster Seats – A simpler seat that can be more easily moved from car to car. Seatbelt installation is key and should be regularly checked. Proper placement of the seatbelt (only on the lap, below the stomach and between the legs) is essential for the safety of the child.
Installing a booster seat correctly in the vehicle is also key to keeping your child safe. First, make sure the shoulder belt is properly able to fit the child in the booster seat. The shoulder belt must fit evenly on the shoulder and chest area for proper protection. Next, fasten the lap belt under the arm and around the child’s waist. However, it is important that the belt not be across the stomach area. Lastly, ensure that the carseat is held into the vehicle by a seatbelt or LATCH system.
Commonly Asked Questions
When can my child transition out of a booster seat?
While New York State law requires children to remain in a car seat until they are 4’9" tall, it does allow them to transition out of a booster seat if they can properly and safely secure themselves using a seatbelt or strap designed for adults.
My child was involved in an accident. Does he still need a booster seat?
Yes. Unless your child is injured and unable to safely secure himself using an adult seatbelt , he must remain in the booster seat while being transported. If he is mildly injured and simply immobilized, he must still be secured in the booster seat for the duration of the ride to the hospital. In emergency situations (e.g., if he were ejected from the vehicle), the law may allow exceptions to this rule.
What if my child is special needs?
For children with physical disabilities or severe mental deficits that impair them from maintaining themselves in a safety seat, New York State law requires you to use a specially designed restraint system that keeps them safe.