Apr

1

2010

Child Seat Belt and Safety Seat Laws in Virginia

Bree King, Claims Consultant

Author: Bree King

We all know safety belts save lives, but when it comes to the use of seatbelts by children, do we all know the legal requirements intended to keep them safe? The laws have changed in recent years with new requirements for the age limits for some child safety seats. Recently I met with a client who was rear-ended by a dump truck in a high speed crash on the interstate. Everyone in the car was injured, including the children in the back seat were not properly belted. One child was thrown into the back of the front seat and sustained a fractured jaw, which more than likely could have been prevented had he been wearing a seatbelt. As a general rule, the rear seats are the safest for children. Here is how the law reads now:

VIRGINIA’S CHILD RESTRAINT DEVICE LAW

(Code of Virginia Article 13 – Section 46.2)

The major requirements of Virginia’s Child Safety Seat Law:

  • Effective July 1, 2007: Child restraint devices are required for children through the age of seven (until 8th birthday). Safety seats must be properly used and approved by Department of Transportation standards. 1
  • Effective July 1, 2007: Rear-facing child restraint devices must be placed in the back seat of a vehicle. In the event the vehicle does not have a back seat, the child restraint device may be placed in the front passenger seat only if the vehicle is either not equipped with a passenger side airbag or the passenger side airbag has been deactivated. 2
  • Effective July 1, 2007: Children can no longer ride unrestrained in the rear cargo area of vehicles. 3
  • The law applies to anyone (i.e. parents, grandparents, babysitters, friends) who provides transportation for a child in any vehicle manufactured after January 1, 1968. Public transportation (taxis, buses), regulation school buses, and farm vehicles are exempted. 4
  • The child restraint law is primary enforcement — no other violation need be committed prior to ticketing for failure to have a child in an approved seat. 5
  • A $50 civil penalty fine is imposed for failure to have a child in a child restraint device. A $20 civil penalty fine is assessed when persons transporting a child exempted from this law due to medical reasons do not carry a written statement of the exemption. All fines collected go into a special fund to purchase safety seats for low-income families. 6
  • There are assistance programs for low-income residents who cannot afford a safety seat. Contact Virginia Department of Health, Division of Injury and Violence Prevention at 1-800-732-8333 for more information. 7

VIRGINIA’S PASSENGER SAFETY BELT LAW

(Code of Virginia Article 12 – Section 46-2)

The major requirements of Virginia’s Child Safety Belt Law:

  • Effective July 1, 2007: Children age 8 through age 15 (until age 16) must be belted correctly in vehicle safety belts, in vehicles manufactured after January 1, 1968. Exemptions are taxicabs, school buses, executive sedans and limousines. 8
  • This safety belt law is primary enforcement — no other violation need be committed prior to ticketing for failure to have a child correctly buckled up. 9
  • A $50 civil penalty fine will be imposed. All fines collected go into a special fund to purchase safety seats for low-income families. 10

For more information, visit: http://www.vahealth.org/injury/safetyseat/laws.htm. For the actual language of current Virginia statutes, see http://leg1.state.va.us/000/src.htm.

About the Author: Bree King is a claims consultant for the personal injury law firm of Allen & Allen. Working under the supervision of personal injury attorneys, Bree assists clients in settling their accident claims. Bree works primarily in the Richmond, VA and Short Pump/ Glen Allen, VA branches of the law firm.

1 – Va. Code sec. 46.2-1095.A.
2 – Va. Code sec. 46.2-1095.A.
3 – Va. Code sec. 46.2-1156.1.
4 – Va. Code sec. 46.2-1095.A.
5 – Va. Code sec. 46.2-1095.D.
6 – Va. Code sec. 46.2-1098.
7 – Va. Code sec. 46.2-1097.
8 – Va. Code sec. 46.2-1095.B.
9 – Va. Code sec. 46.2-1095.D.
10 – Va. Code sec. 46.2-1098.