Vehicles: child passenger restraints.

(1) Existing law prohibits a person from operating a motor vehicle, as defined, on a highway unless that person and all passengers 16 years of age or older are properly restrained by a safety belt. This bill would define the phrase "properly restrained by a safety belt" for purposes of those provisions. Existing law prohibits the operator of a limousine for hire or the operator of an authorized emergency vehicle, as defined, from operating the limousine for hire or authorized emergency vehicle, 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 also prohibits the operator of a taxicab from operating the taxicab unless any passengers 6 years of age or older or weighing 60 pounds or more in the front seat are properly restrained by a safety belt. This bill would instead prohibit 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. Existing law requires a child or ward under 6 years of age who weighs less than 60 pounds to be secured in a rear seat in a child passenger restraint system that meets specified federal standards, but permits such a child or ward to ride in the front seat of a motor vehicle if properly secured in a child passenger restraint system that meets specified federal standards, under specified circumstances, including, among other things, if all rear seats are already occupied by children under 12 years of age. This bill would instead prohibit 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 securing that child in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards, except as provided. The bill would impose specified fines and penalties for violations of those requirements, as prescribed. Existing law authorizes a law enforcement officer reasonably suspecting a violation of those child passenger restraint system 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. 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 the age range of less than 8 years of age. 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 impractical by reason of physical unfitness, medical condition, or size, and establishes 2 statutory exemptions. This bill would revise that provision to also specify 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 requires every 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 when the child is less than 6 years of age or weighs less than 60 pounds. 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, 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. 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 notice that meets specified requirements and includes a prescribed statement. This bill would revise the language that would be required to be included in the notice, with regard to the application of those child safety restraint laws to children under 8 years of age. Because a violation of the vehicle law constitutes a crime, the bill would impose a state-mandated local program by expanding 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.