3/19/2025

Ensuring your child’s safety in the car is one of the most important things you can do as a parent or guardian. In California, there are laws designed to protect young passengers by requiring specific types of child safety seats. However, figuring out these rules can sometimes feel overwhelming.

At Banafshe Law Firm, we want to make this process easier. Below, you will find a simple guide to help you follow California law and keep your child safe on the road.

What Are the California Car Seat Laws?

Under California Vehicle Code § 27360, a child under 8 years old must be in a proper child passenger restraint system that meets federal safety standards. If the child is under 2 years old, they must be in a rear-facing car seat unless they weigh 40 pounds or more or stand at least 40 inches tall. The goal is to protect children during sudden stops or collisions, which can otherwise lead to severe injuries.

What Exceptions Should You Know?

There are a few notable exceptions mentioned in Cal. Veh. Code § 27363. For example, if a child under 8 years old is already 4 feet 9 inches or taller, using a regular seat belt instead of a child safety seat is allowed.

Also, children can sometimes ride in the front seat if the back seat is unavailable or if there are medical reasons. However, a child in a rear-facing seat should never be placed in the front if the car has an active front passenger airbag.

How About Car Rentals and Hospital Discharges?

If you are renting a car in California, Cal. Veh. Code § 27365 requires car rental agencies to let you know about child passenger restraint laws and give you the option to rent a car seat if needed. Meanwhile, hospitals, clinics, and birthing centers must provide information about car seat rules and where to get help installing one before you leave with your new baby.

What Are the Consequences of Ignoring Car Seat Rules?

Not following these laws can lead to fines, legal trouble, and, most importantly, put your child at risk. In In re Ethan C. (54 Cal. 4th 610), a father’s failure to secure his daughter in a child safety seat influenced the court’s decision to remove his other children from his custody. While that is an extreme situation, it underscores how important it is to prioritize your child’s safety.

How Do You Properly Secure a Car Seat?

Below is a list that outlines a few key steps in securing a car seat:

• Read the Manual: Check both your car’s owner’s manual and the car seat instructions to see how to lock and adjust the seat correctly.
• Check the Angle: For rear-facing seats, ensure the seat is tilted at the recommended angle so your baby’s head stays supported.
• Tighten the Straps: Make sure the harness straps lie flat and are snug. You should not be able to pinch any excess strap material.
• Position the Chest Clip: The chest clip should be at armpit level to protect your child’s upper body during a crash.
• Test for Movement: Once installed, the seat should not move more than an inch from side to side or front to back.

Contact Banafshe Law Firm if You Have Questions About California’s Child Car Seat Laws

If you have questions about California’s child car seat laws or have been in an accident involving child passenger injuries, contact Banafshe Law Firm.

We take pride in guiding families through challenging legal issues. Call us at 855-761-8722 or contact us online now for a free consultation, and let our experienced team help protect you and your loved ones on the road. Your child’s safety is our top priority.