ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2589: rear-facing car seats

Sponsor: Representative Bolding, LD 27

Committee on Transportation

Overview

Modifies the requirements for use of child restraint systems in motor vehicles.

History

Pursuant to A.R.S. § 28-907, a person shall not operate a motor vehicle on the highways in Arizona when transporting a child who is under five years of age unless that child is properly secured in a child restraint system. The Arizona Department of Transportation is required to adopt standards in accordance with federal law for the performance, design and installation of child restraint systems for use in motor vehicles. Child restraint system requirements do not apply if:

1) The motor vehicle was originally manufactured without passenger restraint devices;

2) The motor vehicle is also a recreational vehicle;

3) The motor vehicle is a commercial vehicle operated by a CDL holder;

4) The child is being transported in an emergency to obtain necessary medical care;

5) An authorized emergency vehicle is transporting the child for medical care; or

6) More than one child under eight years old is being transported in the vehicle and the passenger area does not provide sufficient room for the required number of child restraint systems. The operator must secure as many of the children as is reasonable given the area and number of passengers.

A person who violates child restraint requirements is subject to a civil penalty of $50, except that a civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently equipped with a child restraint system that meets the adopted standards. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child restraint system.

Child restraint system is defined as an add-on child restraint system, a built-in child restraint system, a factory installed built-in child restraint system, a rear-facing child restraint system or an eligible booster seat.

Provisions

1. Requires the child restraint system used when transporting a child who is under five years of age to be in a manner that complies with the height and weight limits specified by the manufacturer of the child restraint system. (Sec. 1)

2. Requires a child under two years of age to be in a rear-facing child restraint system unless the child weighs at least 40 pounds or is at least 40 inches tall. (Sec. 1)

3. Makes technical changes. (Sec. 1)

6. ---------- DOCUMENT FOOTER ---------

7. HB 2589

8. Initials JT Page 0 Transportation

10. ---------- DOCUMENT FOOTER ---------