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CHILD PASSENGER RESTRAINT INFORMATION
Current Seat Belt Law
IC 9-19-10-2 Each front seat occupant of a passenger motor vehicle equipped with safety belts must be properly fastened when the vehicle is in forward motion.
Child Passenger Safety
Indiana Child Passenger Law
Children are required to ride properly restrained in a child restraint, which can include a belt positioning booster seat, until they reach their 8th birthday. (This does not include shoulder belt positioners.)
If at court proceedings, a driver who has received a violation under this code possesses or has acquired a child restraint system, the driver is not liable for any costs or monetary judgment if the person has no previous judgments of violation of this chapter against the person.
Fees collected from violations will be entered into a fund to purchase child restraints for low income families throughout Indiana.
Exemptions:
If all lap/shoulder seat belts are being used by other children, then a child over 40 pounds may ride in a lap only seat belt without a child restraint. (Booster seats cannot be safely used with a lap only seat belt.)
This chapter (9-19-11-1) does not apply to a person who operates any of the following vehicles:
A taxicab. An ambulance. A public passenger bus. A motor vehicle having a seating capacity greater than nine (9) individuals that is owned or leased and operated by religious or not-for-profit youth organization. An antique motor vehicle. A motorcycle. A motor vehicle that is owned or leased by a governmental unit and is being used in the performance of official law enforcement duties. A motor vehicle that is being used in an emergency. Children at least 8 years old until their 16th birthday are required to ride properly restrained in a child restraint system or seat belt in all seating positions in all vehicles.
Law effective July 1, 2005
Indiana Passenger Law
Children 16 and older (& adults) are required to ride properly restrained in a seat belt in the front seat in passenger vehicles. Current law
The full text of the bill is available at: http://www.in.gov/legislative/bills/2004/HE/HE1098.1.html.
Child Passenger Safety Statistics
- Motor vehicle crashes are the leading cause of death to children 15 and younger in the United States. In fact, crashes kill more children in the United States than all diseases combined.
More than 50% of all the children killed in crashes were completely unrestrained. (NHTSA)
Child safety seats reduce injury by 71 percent for infants less than age one, and by 54 percent for toddlers between 1 and 4 years of age. (NHTSA)
A recent study showed that when parents were buckled up, 90% of the children were buckled up as well. However, when the parent was unrestrained, 76% of the children were unrestrained as well. Parents who fail to buckle up are sending a deadly message to their children.
Between 1975 and 1998, researchers estimate that child restraints (child safety seats and adults belts) saved the lives of almost 4,200 children. (NHTSA)
During the past ten years, child restraints have saved the lives of 2,300 children under age 5. (NSBC)
In 1998, child restraints saved the lives of 299 children under age 5. (NHTSA)
The lives of an additional 173 children could have been saved during 1998 if all children under age 5 had been riding in child safety seats or wearing safety belts. A study by the National Safe Kids Campaign showed that 85 percent of all child safety seats are installed incorrectly. (NSKC)
The National Safe Kids Campaign found that the majority of parents or caregivers made two or more mistakes in installing and using the child safety seats. (NSKC) In recent child safety clinics held in Indiana, safety seat technicians found that nearly 90 percent of the seats they checked were improperly installed.
According to the National Safe Kids Campaign Study: About 63 percent of the time, the car seat was not secured tightly enough by the safety belt.
Approximately 33 percent of children were in restraints with loose harness straps. About 20 percent of children were in child seats where the harness straps were not correctly routed.
Approximately 11 percent of the time infants less than a year old or weighing less than 20 pounds were observed riding in forward-facing car seats instead of rear-facing ones. The neck muscles of children under one year old are not sufficiently developed to ride facing forward in a crash.
In less than 1 percent of the cases, infants were placed in an unsafe manner by locating the rear-facing infant seats directly in front of a passenger side airbag. If the airbag deploys, the infant can be injured or killed. In a crash at 30 miles per hour, a 10-pound baby could be ripped from an adult's arms with a force of almost 300 pounds and hurled into the dash or windshield. Whenever a child safety seat is involved in a crash, it should be replaced. Hidden crash damage can severely weaken a car seat.
Just as there are many makes and models of motor vehicles, there are many makes and models of child safety seats. The same seat may not fit into different vehicles the same. The safety seat's manual and the motor vehicle's manual are the two best sources of information on installation of specific seats.
Always complete and return the registration card that comes with your new safety seat so the manufacturer can contact you in the case of a safety recall.
Frequently Asked Questions…
Which car seat is escape-proof?
The purpose of the car seat is to properly restrain the child in the event of a crash. While there is no "escape proof" child seat, the combination of quality car seats with a snug harness, parental oversight and parental firmness keeps children in their seat. A study, in which SafetyBeltSafe U.S.A. participated, found that most children respond to parental firmness quickly.
Is it better to buy a car seat with a 5-point harness or one with a shield that pulls down over the child's head?
If you choose a convertible child safety seat, use a model equipped with a five-point harness system. Avoid models with a t-shield or tray shield, especially for newborns. In a crash, the baby's body may hit the hard plastic shield, causing head, abdominal, and chest injuries.
What is the very best car seat to buy? Is it better to buy a car seat with a 5-point harness or one with a shield that pulls down over the child's head?
All of the child safety seats on the market meet the same federal safety standards. The "best" seat is the one that fits your child, fits your vehicle, and is easy to use properly each time you travel.
I have trouble securing my child safety seat. It doesn't seem to work well with my safety belt system. Am I doing something wrong?
Chances are you may not be doing anything wrong. Some child safety seats and vehicle seat belt systems are not compatible. Your best bet is to always try the child safety seat in your vehicle before you buy it. Also, always read the instructions that come with the child seat and all sections in the vehicle manual that discuss safety seat installation. Don't take make-shift measures.
How do I know if my child safety seat is installed tightly enough?
When the seat is properly installed, you should not be able to move it more than one inch from side to side or front to back. Put your knee in the safety seat and add your adult weight while tightening the seat belt to get a tight fit.
Where is the best location for the car seat?
The center of the back seat is the safest place for a car seat because it is farthest away from crash impact points. If the car seat does not fit in the center-rear, then one of the outboard seating positions should be used.
What about tethers for car seats?
A tether can help anchor a forward-facing child restraint more securely and reduce head excursion. Manufacturer-supplied tethers should be used and are available on all new forward-facing car seat models. Retrofit kits are available for many older car seats. New child safety seats will have three standard attachments: one on top and two at the base. Many vehicles have predrilled holes for tethers, however all new vehicles will have standard anchors in the back seat designed to link to these safety seat attachments. This standardized system for installing child safety seats in cars and light trucks, announced by President Clinton in February 1999, could prevent as many as 50 child fatalities and 3,000 injuries annually. (NHTSA)
I like to keep an eye on my infant. If the seat has to be installed rear-facing in the backseat, I can't see my baby! What should I do?
For many parents this is a concern, but the bottom line is that the back seat is the safest place for a child of any age to ride. If you travel alone, allow plenty of time to pull off the road to periodically check your baby. Compare your child traveling to your child sleeping. You probably don't watch your baby sleep throughout the night. A healthy baby properly secured in a safety seat should not need constant watching. If your baby has a health condition, then two adults should be in the car when the baby is traveling, one to watch the baby and one to drive.
When can I turn my baby around to face forward in the car?
You can position your baby's seat facing forward when he/she is at least one year old and weighs at least 20 pounds. Babies have heavy heads and fragile necks, with soft bones and stretchy ligaments, and even a slight forward "whipping" of the head can lead to paralysis or even death. At approximately one year of age, the bones in the neck will calcify, therefore it is recommended that you leave the baby rear-facing well beyond one year of age when possible. When a baby rides facing backwards, the whole body, head, neck, and torso are cradled by the back of the safety seat. It is the safest way for a child to ride.
My children get restless in their car seats and try to move around. I find it distracting as they fight one another and I feel it's safer to put one of them up front. What should I do?
Do not place children in the front seat. The safest place is in the rear seat properly buckled. It is important not to give in to a child's growing pains while driving. Bring soft toys to keep them occupied. Keeping them in the back seat may sound difficult to do, but it could save your child's life.
My seven-year old rides in a lap-only belt in the middle of the back seat. Is this safe?
If you do not have shoulder belts in the back seat, use the lap belt since it at least keeps the passenger from being thrown from the car in a crash. Being thrown from the car increases the risk of death by four times compared to staying in the car. However, a lap belt alone should be your very last option. If shoulder belts are available, place the child in one of the side seats instead of in the center, so that your child has upper body protection. Children between 4 and 8 years of age (approximately 40 to 80 pounds) are safest when seated in booster seats with a shoulder/lap safety belt over them. Booster seats boost small children higher so they fit better and more comfortably in adult safety belts. If you have a car without shoulder belts, contact the car dealer to order a retrofit kit designed specifically for your vehicle by the manufacturer.
I know that a child under age 12 should not ride in the front seat, but if the child is over age 12, are there height/weight requirements, in addition to age?
While there are no height/weight requirements, children are much safer seated and properly restrained in the back seat regardless of age or the presence of an air bag. According to the National Highway Traffic Safety Administration, putting a child in the back seat instead of the front seat reduces the risk of death by 27 percent. Given this, if a child is very small, he is safer if restrained in the back seat.
Are airbags dangerous for children?
Yes. Airbags inflate at speeds up to 200 mph. The blast can severely injure or kill passengers sitting too close. Children are more likely than adults to sit too close to an air bag. As a rule of thumb, children under age 12 should ride properly restrained in the center of the back seat.
Should my child use a safety seat when flying on an airplane?
Yes. The Federal Aviation Administration strongly recommends the use of a child safety seat, but does not require it. If you buy a ticket for your child, you have the right to use a safety seat. But if you don't buy a ticket, you may want to check with the airline about the use of a nearby empty seat. Check the labels on your car seat to make sure if it is certified for use in an aircraft. Make sure the base of your safety seat is no wider than 17 inches so that it fits into a coach-class seat. Once your child reaches 40 pounds, use the airplane seat belt alone.
Myths about child passenger safety…
MYTH: My child is safest in my arms. Children are never safe riding in the arms or lap of an adult. In a 30 mph crash, a child weighing 20 pounds will be ripped from the adult's arms with 600 pounds of force. The adult's body can also crush the child against the dashboard, or seat belt, with an even greater force.
MYTH: I will be able to grab my child in a crash. This is highly improbable. Crashes happen suddenly, allowing you less than one-half of a second to react.
MYTH: I should put my infant in the front seat so I can keep an eye on her all the time. For many parents this is a concern, but the bottom line is that the back seat is the safest place for a child of any age to ride. If you travel alone, allow plenty of time to pull of the road to periodically check your child. Compare your child traveling to your child sleeping. You probably don't watch your healthy baby sleep throughout the night, so you don't need to watch your infant continuously when driving. A healthy baby properly secured in a safety seat should not need constant watching. If your baby has a health condition, then two adults should be in the car when the baby is traveling, one to watch the baby and one to drive.
MYTH: A car seat or safety belt will trap us if the car catches on fire or falls into water. Less than ˝ of 1% of all crashes involve fire or water submersion. Even in these situations, car seats and seat belts keep passengers unhurt and alert enough to escape.
MYTH: The law doesn't say that I have to put my child in a car seat. False. Children under 4 years of age must be restrained in a child safety seat that meets federal safety standards. All children between 4 and up to12 years of age must wear a safety belt no matter where they are seated in the vehicle, and all front seat passengers of passenger vehicles must be buckled up.
MYTH: All I care about is that my kids are buckled up. I don't need to wear my seat belt. Besides the fact that it is the law in Indiana for all front seat passengers to buckle up, you are setting an example for your child. A recent study showed that when parents were buckled up, 90% of the children were buckled up as well. However, when the parent was unrestrained, 76% of the children were unrestrained as well. Parents who fail to buckle up are sending a deadly message to their children.
MYTH: All car seats are the same and it doesn't matter which one I get. No car seat is superior to all others. When choosing a seat, be sure that it fits the child, fits your vehicle and is convenient to use on every ride.
MYTH: It's impossible to find a car seat that is compatible with my vehicle. Since cars seats are made by different manufactures and there are different vehicle manufactures, all car seats may not be compatible with every vehicle. It is always best to try the safety seat in your vehicle before you buy it. Also, always read the instructions that come with the child seat and all sections in the vehicle manual that discuss safety seat installation. It is important not to take makeshift measures.
MYTH: A lap belt will restrain my child in his booster seat. Children between 4 and 8 years of age (approximately 40 to 80 pounds) are safest when secured in a booster seat with a shoulder/lap safety belt strap. Boosters are not designed to be used with a lap belt only. If your vehicle only has lap belts in the rear seat, your best option is to call the manufacturer about having shoulder belts installed. Another option may be to restrain this child in the front seat using a booster with the lap/shoulder belt, since there will be no passenger side air-bag.
MYTH: Car seats don't work! Researchers estimate that between 1975 and 1998, the lives of nearly 4,200 children were saved by child restraints. In 1998 alone, nearly 300 children under age 5 were saved as a result of child restraint use. However, the lives of an additional 173 children could have been saved during 1998 if all children under age 5 had been riding in child safety seats or wearing safety belts. Child safety seats reduce injury by 71 percent for infants less than age one, and by 54 percent for toddlers between 1 and 4 years of age. (NHTSA)
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