Vehicles: child passenger restraints.

(1) Existing law prohibits the operator of a limousine for hire or authorized emergency vehicle or the operator of a taxicab, from operating the limousine for hire, authorized emergency vehicle, or taxicab unless the operator and any passengers 8 years of age or older in the front seat are properly restrained by a safety belt. This bill would instead prohibit the operator of a limosine for hire or authorized emergency vehicle or the operator of a taxicab, from operating the limosine for hire, authorized emergency vehicle, or taxicab unless the operator and any passengers 6 years of age or over or weighing 60 pounds or more in the front seat are properly restrained by a safety belt. Existing law prohibits a parent, legal guardian, or driver from transporting on a highway in a motor vehicle, as defined, a child or ward who is under 8 years of age without properly securing that child in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards, except as provided. Existing law provides a similar prohibition for transporting a child 6 years of age or older, but less than 16 years of age, which requires the child to be properly secured with either a child passenger restraint system or safety belt, meeting the applicable federal motor vehicle safety standards. This bill would instead prohibit a parent, legal guardian, or driver from transporting on a highway in a motor vehicle a child or ward who is under 6 years of age or who weighs less than 60 pounds without properly securing that child in a rear seat in a child passenger restraint system that meets specified federal standards. The bill would apply the requirements of the latter prohibition, which permits certain children to be secured in either the child passenger restraint system or a safety belt, to a child who is less than 6 years of age and who weighs 60 pounds or more. Existing law authorizes a law enforcement officer reasonably suspecting a violation of those child passenger restraint laws to stop a vehicle transporting a child appearing to the officer to be within the age range of under 8 years of age. This bill would instead authorize a law enforcement officer reasonably suspecting a violation of those requirements to stop a vehicle transporting a child appearing to the officer to be within a specified age or weight range of under 6 years of age or less than 60 pounds. Existing law permits a court to exempt from the above-described child passenger restraint system requirements any class of child by age, weight, or size if it is determined that the use of a child passenger restraint system would be impracticable by reason of physical unfitness, medical condition, or size, subject to certain exemptions, and specifies that a child or ward under 8 years of age who is 4 feet 9 inches in height or taller may be properly restrained by a safety belt rather than a child passenger restraint system. Existing law permits a child or ward 8 years of age or older to ride properly secured in an appropriate child passenger restraint system meeting federal standards in the front seat of a motor vehicle, in specified circumstances. This bill would delete those provisions permitting a child or ward under 8 years of age who is 4 feet 9 inches in height to be properly restrained by a safety belt rather than a child passenger restraint system. The bill would instead permit a child or ward six years of age or less than 60 pounds to ride properly secured in an appropriate child passenger restraints system meeting federal standards in the front seat of a motor vehicle, in specified circumstances. Existing law requires a public or private hospital, clinic, or birthing center, at the time of discharge of a child, to provide and discuss information on the current law requiring child passenger restraint systems, safety belts, and the transportation of children in rear seats to the parents or person to whom the child is released if the child is under 8 years of age. This bill would instead require a public or private hospital, clinic, or birthing center, at the time of the discharge of a child to provide and discuss information on the current law requiring child passenger restraint systems to the parents or person to whom the child is released if the child is under 6 years of age or weighs less than 60 pounds. Existing law requires every car rental agency in California to inform each of its customers of a specified child safety restraint law by posting, in a place conspicuous to the public in each established place of business of the agency, a notice that meets specified requirements, including certain language to be included in the notice, with regard to the application of those child safety restraint laws to children under 8 years of age. This bill would revise the language that would be required to be included in the notice to specify that California law requires that children who are under 6 years of age or who weigh less than 60 pounds be transported in the rear seat of a vehicle in a child restraint system. Because a violation of the vehicle law constitutes a crime, the bill would impose a state-mandated program by changing the scope of an existing crime. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.