A531

An Act concerning transportation of child passengers and amending P.L.1983, c.128.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1983, c.128 (C.39:3-76.2a) is amended to read as follows:

1. Every person operating a motor vehicle, other than a school bus, equipped with safety belts or a Lower Anchors and Tethers for Children system (LATCH) who is transporting a child on roadways, streets or highways of this State, shall secure the child in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat as follows:

a. A child under the age of two years and weighing less than 30 pounds shall be secured in a rear facing child passenger restraint system in the rear seat, which is equipped with a five-point harness.

b. A child under the age of four years and weighing less than 40 pounds shall be secured[:

(1)] in a rear seat in a rear facing child passenger restraint system, which is equipped with a five-point harness, until the child outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system, at which point the child shall be secured in a rear seat, in a forward facing child passenger restraint system which is equipped with a five-point harness[; or

(2) in a forward facing child passenger restraint system which is equipped with a five-point harness].

c. A child under the age of eight years and less than 57 inches in height shall be secured[:

(1)] in the rear seat in a forward facing child passenger restraint system which is equipped with a five-point harness, until the child outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system, at which point the child shall be secured [in a rear seat, in a booster seat; or

(2)] in a booster seat.

d. [If there are no rear seats, the child shall be secured in a child passenger restraint system or booster seat in a front seat of a motor vehicle except that no child shall be secured in a rear facing child passenger restraint system in a front seat of any motor vehicle which is equipped with a passenger-side airbag that is not disabled or turned off] A child under the age of eight years and less than 57 inches in height shall not be transported in the front seat of a motor vehicle.

e. In no event shall failure to be secured in a child passenger restraint system or booster seat be considered as contributory negligence, nor shall the failure to be secured in the child passenger restraint system or booster seat be admissible as evidence in the trial of any civil action.

(cf: P.L.2015, c.50, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill prohibits certain child passengers from being transported in the front seat of a motor vehicle.

There are a number of safety requirements under current law concerning the transportation of child passengers in a motor vehicle. These restrictions vary depending on the age, height, and weight of the child. However, all children are required to be secured in the rear seat of a vehicle unless there are no rear seats, in which case the child is to be secured in a child passenger restraint system or booster seat in a front seat of a motor vehicle. No child is to be secured in a rear facing child passenger restraint system in a front seat of any motor vehicle which is equipped with a passenger-side airbag that is not disabled or turned off.

This bill amends current law to prohibit any child who is under the age of eight years and less than 57 inches in height from being transported in the front seat of a motor vehicle.