NJ Child Passenger Safety Laws Overhaul

In the United States, the primary cause of death of children, six (6) months or older, is vehicular accidents. This statistic is particularly troubling when one considers all the of the advances made in child restraint equipment over recent years.

Given New Jersey’s strong interest in protecting the safety of the State’s youth, a review of the child passenger safety law was conducted. The result of this review showed that New Jersey’s child safety law was outdated and in need of an overhaul.

Changes In New Jersey Child Car Safety Laws

That overhaul was completed when the governor of the State of New Jersey recently signed one of the strictest Child Passenger Safety laws in the country.

This new legislation, which went into effect September 1, 2015, institutes new regulations for infants, toddlers and children who are either eight (8) years old or fifty seven (57) inches tall.

Specifically, the new law (N.J.S.A. Title 39:3-76.2a) reads:

Any child under the age of 8 years old and a height of 57 inches shall be secured as follows in the rear seat of a motor vehicle:

(a.) A child under the age of 2 years and 30 pounds shall be secured in a rear-facing seat equipped with a 5-point harness.

(b.) A child under the age of 4 years and 40 pounds shall be secured as described in (a) until they reach the upper limits of the rear-facing seat, then in a forward-facing child restraint equipped with a 5-point harness.

(c.) A child under the age of 8 and a height of 57 inches shall be secured as described in (a) or (b) until they reach the upper limits of the rear-facing or forward-facing seat, then in a belt positioning booster seat.

(d.) A child over 8 years of age or 57 inches in height must be properly secured by a seat belt.

If there are no rear seats, the child shall be secured as described above in the front seat except that no child shall be secured in a rear-facing seat in the front seat of any vehicle that is equipped with an active passenger-side airbag. The aforementioned is acceptable if the airbag is de-activated.

Fines: The fines for violating New Jersey’s car seat law are currently $10 to $25. Under the revised legislation, they are going up to $50 to $75 in September. The law does not say how police would verify the age, height or weight of a child when issuing a ticket.

Exemptions: You can no longer get out of a ticket by claiming in court that you were following the manufacturer’s weight and age recommendations for your child’s car seat. That provision was removed from the new version of the law.

If you, or someone you know, has received a summons under this new law, we at the law firm of Gruber, Colabella, Liuzza and Thompson can help. We have years of experience working with clients who have been charged with vehicular infractions. So, if you are looking for an experienced an caring attorney, contact us today.