No, California Is Not Making All 13-Year-Olds Ride In Booster Seats

It’s a time-honored tradition for young teenagers running out to a car to call “Shotgun!” to determine who gets the honor of riding in the front passenger seat. However, a proposed version of California Assembly Bill 435 sought to change this tradition by banning children under 13, and teens up to 16 who were too small, from riding in the front seat, according to CalMatters.

The bill also aimed to raise the age requirement for mandatory car seats from eight to ten years old, and up to age 13 for smaller children. Despite these intentions, many people—including legislators—felt the original bill was too restrictive, reports LAist.

### What the Final Bill Includes

The version of the bill that ultimately passed maintains California’s current booster seat requirement until age eight or a height of four feet, nine inches. However, it introduces a new, five-step test to determine if children between eight and 16 years old are belted in safely, regardless of where they sit in the vehicle.

According to LAist, if the driver cannot answer “yes” to all five of the following questions about their seat-belted child passenger, they could be subject to a ticket and fines up to $490:

1. Does the child sit all the way back against the seat?
2. Do the child’s knees bend comfortably at the edge of the seat?
3. Does the belt cross the shoulder between the neck and arm, resting on the collarbone?
4. Is the lap belt as low as possible, touching the thighs?
5. Can the child stay seated like this for the whole trip?

Importantly, this new law, effective January 1, 2027, does **not** require a booster seat. It only requires that these five conditions be met, with or without one. If a child does not meet the criteria without a booster, adding one should help, but it’s crucial to use a safe and properly fitting booster seat.

### Why California’s Approach Makes Sense

This may seem like a complicated list of requirements—far beyond federal standards—which California is known for from time to time. However, in this case, California’s approach prioritizes safety and legality based on a good fit rather than arbitrary age limits. Here’s why that matters.

Some time ago, I was a National Highway Traffic Safety Administration (NHTSA)-certified child passenger safety technician as part of my job with a local transit authority. (Please note my training and certifications are now out of date, so I am not speaking in an official capacity.) The first four steps of California’s five-step test align closely with the fitment criteria I used to check.

### How This Compares to NHTSA Guidelines

NHTSA recommends keeping your child in a booster seat until they are big enough to fit in a seat belt properly. Their guidelines are as follows:

– The lap belt must lie snugly across the upper thighs, not the stomach.
– The shoulder belt should lie snugly across the shoulder and chest, without crossing the neck or face.
– Children should continue riding in the back seat, where it’s safer.

Notably, NHTSA does **not** specify an exact age to remove the booster seat. Instead, the criterion is when the seat belt fits properly without one. Considering children come in all shapes and sizes, the right time to stop using a booster seat depends on the child’s individual fit.

### The Bottom Line

California’s five-step test empowers parents and caregivers to correctly determine when their child is ready to transition out of a booster seat, rather than relying on arbitrary age or height requirements in state law. In my opinion, this approach helps ensure children’s safety on the road by focusing on proper seat belt fit—a move in the right direction for child passenger safety.

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For more information on child passenger safety, always consult trusted sources like NHTSA or local traffic authorities. Ensuring the right fit for your child’s car seat or booster seat can make all the difference when it comes to protection during a car ride.
https://www.jalopnik.com/2005550/california-not-making-13-year-olds-ride-booster-seats/

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