When driving a friend and their 3-year-old child, it is important to ensure that the child is properly restrained. The driver of the vehicle is responsible for ensuring all occupants are properly restrained. If a child is not in an approved child restraint that is properly fastened and adjusted, the driver can be fined $400 and incur 3 demerit points for each child that is not properly restrained.
In addition to the safety risks, if the driver has neglected their responsibilities, they can face a fine of $253 and the loss of 3 demerit points (6 points in double demerit times) for each child that isn’t restrained properly or completely unrestrained.
It is important to note that the laws regarding child restraint vary by state. For example, in North Carolina, if you are charged with violating North Carolina’s law on child restraint by failing to properly restrain your child, you could be fined $25 plus court costs and be assessed two license demerit points.
In New York State, if a person under age 16 is not properly restrained in a seat or belt (according to age and size) the fine can be increased to $100, along with three driver violation points on one’s license if convicted.
It should be noted that car seat laws in some states are not nearly as stringent as best practice recommendations issued by the National Highway Traffic Safety Administration (NHTSA) and the American Academy of Pediatrics. Parents should consider the state laws as the very minimum in safety standards and follow best practice as closely as possible.
Here are some websites that discuss You Are Driving A Friend And Their 3-year-old Child. The Child Is Not Properly Restrained. Who Will Be Fined?:
- https://www.brisbanelawyers.com.au/its-a-law-every-parent-in-queensland-should-know/
- https://www.bobbyscottlaw.com/blog/2020/03/ticketed-for-a-child-not-being-properly-restrained/
- https://www.raphaelsonlaw.com/legal-insights/nys-car-seat-laws
- https://www.findlaw.com/traffic/traffic-tickets/seat-belt-and-child-restraint-violations.html
- https://saferide4kids.com/blog/unrestrained-occupants-car-crash/
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