AB 435 may restrict children and teens to rear car seats

California’s Assembly is considering Assembly Bill 435, which would change when and where 10–13-year-old children and smaller frame teens may sit in a moving vehicle.

It raises the minimum age for vehicle child passenger restraints from eight to 13 years old and replaces the current age and height exemption with a 5-Step test.

Beginning January 1, 2027, all children younger than 10 years would be required to use booster seats and all those under 13 would noty be allowed to sit in the front seat. Even teens may be restricted to the rear seat. Passengers in the front seat 13 to 16 years old would have to pass the 5-Step test.

Assembly Member Lori Wilson’s (AD 11) submitted her proposal in January. On March 25, the Assembly Transportation Committee voted to advance these new, more restrictive booster rules to the Assembly’s Appropriation Committee

Current law applies this restraint to children under 8 years, unless they are 4 feet 9 inches in height or taller. There is a fine for violating the current law –$20 for a first offense, and not more than $50 for a second offense. These would apply to the new law.

Wilson’s concern originated with a 2021 study from the National Highway Traffic Safety Administration. This reported child passenger traffic injuries and fatalities increased post-pandemic. Children aged eight to 12 had the highest incidence of fatalities compared to other age groups.

Traffic violation data from the California Highway Patrol identified that there is an increase in child restraint violations post 2020.

Wilson said in the Assembly Report, “As the second leading cause of unintended injury related deaths among children, motor vehicle crashes present a critical focus for safety improvements. Extending the required age for booster use and implementing straightforward testing can significantly enhance child safety.

“Research findings support these proposed changes, indicating that they can increase understanding among both parents and children about the benefits of updated laws,” she added. “Endorsed by the Strategic Highway Safety Plan Occupant Protection Committee, the 5-Step Test was designed to consider the varied internal dimensions of vehicles, which the previous height criterion cannot address adequately.”

If the child meets the 5-step Test, the requirement for rear seat and use of a child restraint system will not be applied.

The 5-step test assesses whether the passenger will be protected, in case of a crash, by the standard seat belt apparatus.

Before a child should be sitting in just a vehicle seat belt, he or she needs to meet the following five seat belt fit criteria. This is the 5-Step Seat Belt Test:

The first step is whether the shoulder belt crosses between the neck and shoulder and across mid chest. Too close to the neck may cause an irritation and the child might slip the belt behind their head.

Secondly, when sitting in the vehicle seat, their back should be against the vehicle seat. Nest the lap belt should ride on the upper thighs across the hip bones. If it lies across the abdomen, internal organs might be damaged in a crash.

Fourth, the knees should bend at the end of the seat. Fifth and finally, their feet must be flat on the floor.

Both the Automobile Club of Southern California and AAA Northern California, Nevada & Utah favor this bill. In their letter, “The AAA Clubs support laws requiring infants and children under age 13 always ride in the back seat in appropriate restraints that are properly installed. Moreover, the degree of protection obtained by child restraints depends on correct use and fit. Accordingly, we have actively been working with the child passenger safety community to educate the public about what it means to ‘sit properly restrained.’”