January 8, 2001

To:                  Superintendents, Member School Districts (K-12

From:              Nancy L. Klein, Assistant General Counsel

Subject:            “6 or 60” – Seat Belts/Child Restraint Systems

                        Memo No. 2-2001

Current law requires drivers to secure children under the age of four (4) or weighing less than 40 pounds in a child passenger restraint system (“car seat”) and to secure children who are four (4) to fifteen (15) years old and weighing more than 40 pounds in either car seats or seat belts.  All passengers over sixteen (16) years old or over must be secured by a seat belt.   

Effective January 1, 2002, drivers of a motor vehicle may not transport on a highway any child without providing and properly securing the child in a car seat unless the child is at least six (6) years old or weighs at least 60 pounds.  For children six (6) to fifteen (15) years old and more than 60 pounds drivers must provide and properly secure them in a car seat or seat belt.  The car seat or seat belt must meet federal motor vehicle safety standards.

The term “motor vehicle” in these new laws means any passenger vehicle or any motor truck.  Please note the effective date of these new laws.  When originally enacted, a portion of the legislation bore an effective date of January 1, 2001.  “Clean-up” legislation passed in December, 2000, changed the effective date to January 1, 2002.

Under 1999 legislation school buses manufactured on or after January 1, 2002, and purchased or lease for use in California must be equipped with a combination pelvic and upper torso passenger restraint system in all designated seating positions.

Reference:  Vehicle Code Sections 27315, 27316, 27360 and 27360.5

Generously provided by: Robert J. Henry, School and College Legal Services