To download the brochure on all child passenger safety laws in Georgia, click here.
Frequently Asked Questions about Georgia's Child Passenger Safety Law
Q: Why Was the Law Revised?
A: A recent study conducted by the National Highway Traffic Safety Administration (NHTSA) found that many parents mistakenly believe that following state child passenger safety laws is the best protection for their children in motor vehicles. Unfortunately, many state laws including Georgia's do not meet the guidelines recommended by the American Academy of Pediatrics, NHTSA and the National Safety Council. Seat belts can prevent injuries and save lives, but they do not provide adequate protection for children under 4'9", under 80 pounds and less than age 8.
Q: Are there any exceptions to the law?
A: Yes. The provisions of the new law will not apply when the child's parent or guardian obtains a physician's written statement that a physical or medical condition of the child prevents placing or restraining him or her in any child passenger restraining system (i.e. the parent can show that the child's height is over 4'9", the child must be in a safety belt). Other exemptions include that a lap belt may be used for children weighing at least 40 pounds when the vehicle is not equipped with both lap and shoulder belts or lap and shoulder belts are being used to properly restrain other children.
Q: Are there any exemptions?
A: Yes. Drivers, who transport children under age 6 in a taxicab or public transit vehicle, are exempt from the law. (Taxicab is defined as a motor vehicle used to transport passengers for a fare and which is fitted with a taxi meter to compute such fare. Public transit vehicle is defined as a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state). Until July 1, 2007, exempted vehicles also include vans that are operated by licensed or commissioned child care facilities, that have current annual transportation safety inspection certificate and has evidence of being inspected for use by a child care facility, however, children age five must be properly restrained by a safety belt. Multifunctional school activities buses, as defined in the Federal Register, for children age five also fall under this limited grandfather clause.
Q: My child is three years old and weighs 40 pounds. Would it be safe for my child to use a seat belt rather than a child safety seat?
A: Seat belts were designed for adults. Children need to be at least 4' 9" in height before the vehicle lap/shoulder belt fits them properly. The improper fit of a seat belt in a crash could result in the ejection of the child. The Centers for Disease Control (CDC) estimates that almost 500 children die every year on Georgia highways because they are not properly secured in child restraint seats or booster seats.
Q: Are church-based daycare operations required to use child safety seats to transport three-year- old children in a 16-passenger van?
A: Georgia Law requires that every driver who transports a child six years of age and younger in a passenger automobile, van, or pickup truck must restrain the child in a child safety seat. Exceptions to the law are listed in the above questions.
Q: My son rides a school bus to Headstart at our local elementary school. Does state law require him to ride in a child safety seat on the bus?
A: If the school bus used to transport your son to Headstart is a school system bus, it is not addressed under this law.
Child Passenger Safety Tips
Follow the 4 steps to child safety in motor vehicles. According to the National Highway Traffic Safety Administration (NHTSA), skipping a step could put kids at risk.
Step 1: When to use a rear-facing child safety seat: From birth to at least 20 pounds and at least one year of age. For babies who are under one year and over 20 pounds, be sure to place them in safety seats approved for heavier babies and continue to transport them in rear-facing child safety seats until they are at least one year of age.
Step 2: When to use a forward-facing child safety seat: If a child is over 20 pounds and at least one (1) year old to about 40 pounds and about age four (4). The harness straps should be at or above shoulder level. Most convertible, forward-facing seats require use of the top slot for forward facing seats.
Step 3: When to use a booster seat. If the child is between 40 and 80 pounds and less than 4'9" tall. Belt positioning booster seats must be used with both lap and shoulder belts. Never use a booster seat with a lap belt only.
Step 4: When to use a seat belt: If children are over 80 pounds and at least 4'9" tall. If a child can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, he can be moved out of a booster seat into the regular back seat . Have your child safety seats inspected by a certified child passenger safety technician (CPST). For information on Child Passenger Safety Seat Fitting Stations in Georgia, visit http://www.gohs.state.ga.us/stations.html.
2009 Child Injury Prevention Plan