Car seat/booster seat regs? (transporting, insurance, live in)

[no8fann]

One of the only things I have noticed since I moved out here that bothers me much is the non-use of car seats and booster seats that I have seen for kids.

I mean, yeah, I grew up here in the 70's and early 80's - I don't remember my behind ever resting on anything but the seat (and occasionally the floorboards!) of a car. But 25 years later? What gives?

I have seen too many instances of kids that are DEFINITELY too small to be out of a car seat riding unrestrained in the short time that I have been here! I'm not talking about 6-7 year olds in the back seat, either. I mean TODDLERS standing in the front seat while Mom cruises down the interstate! Where we moved from, my daughter (who is almost nine and weighs 76 pounds) was still required to be in a booster because she wasn't tall enough to properly be restrained by an over-the-shoulder seatbelt.

It just makes me cringe to see littles in the front seat (an airbag killed a child in our old community), let alone not even in a car seat. I just don't get it. Call me overprotective, but I don't think any child needs to come out of the backseat before age 9 or 10, and those under 6 need to be in an appropriate seat!

I know that the state has requirements for this (I talked to the law enforcement officer in my program), so why do people not seemed concerned? Even more bothersome, why don't they seem concerned with their children's safety?

[g33kgrl]

I've noticed this to and was kinda wondering about it. Even up in Fargo about half of my daughters friends didn't use booster seats anymore and many sat in the front seat. My girls (8 and 9 and light-weights) still use booster seats and they will continue to until I feel comfortable that they are just as safe without them.

[no8fann]

I've been poking around and doing a little research - I can honestly say I am stunned! This is what I have found!

32-37-1. Use of system required--Violation as petty offense. Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions. The child passenger restraint system shall meet Department of Transportation Motor Vehicle Safety Standard 213 as in effect January 1, 1981. The requirements of this section are met if the child is under five years of age and is at least forty pounds in weight by securing the child in a seat belt.* An operator who violates this section commits a petty offense.

Source: SL 1984, ch 235, § 1; SL 1987, ch 246, § 1; SL 1990, ch 261, § 1; SL 1992, ch 158, § 98; SL 1998, ch 199, § 1.

32-37-4. Violation not considered negligence or assumption of risk--Evidence inadmissible. Failure to comply with the provisions of this chapter is not considered as contributory negligence, comparative negligence, or assumption of the risk and is not admissible as evidence in the trial of any civil action.

Source: SL 1984, ch 235, § 4.

*Have you ever sat a child this age in a seat and attempted to restrain them with just the seat belt? Unless that child has a serious over-growth issue, the shoulder strap is going to go above or across their head! And a lap belt has been proven time and again insufficient restraint in an accident! Never mind that the alternative to not restraining a child correctly is almost guaranteed an injured, or even dead, child! Oh, and a petty offense is a $20 fine. I cannot believe that parents (or whichever adult is driving) won't be held as negligent for not restraining their children properly in a car! South Dakota has some serious work to do here!

[BusySocialWorker]

This is my number one pet peeve and I have been known to make a phone call and report if I feel extra bugged by it....

This is the info on Project 8 - it has the breakdown by infant, toddler and young children.

S.D. Governor's Child Seat Program: Project 8

[no8fann]

Originally Posted by BusySocialWorker

This is my number one pet peeve and I have been known to make a phone call and report if I feel extra bugged by it....

This is the info on Project 8 - it has the breakdown by infant, toddler and young children.

S.D. Governor's Child Seat Program: Project 8

I found that site, but it bothers me that it seems to be only a suggestion, not a legal requirement! I understand that SD is a highly rural state, but accidents can happen anywhere - this isn't an issue just for big cities. IMO it ought to be a law everywhere, and it ought to be reported as negligence to CPS!

[BusySocialWorker]

I think it should be MORE of a requirement in rural areas - I'm sorry but rate of speed traveled rural vs city is much higher in rural areas... all the more reason for requirements. I call the police department directly with a car discpription and license plate right from my cell if I see it....

[DannyBanany]

The thing is, even though you are going faster in a rural area, you are more likely to crash in an urban setting. Hence why insurance is higher if you live in a city. When I was little had to sit in the back seat and I was in a booster seat until I was about 6 or 7. After that, I was still in the back seat. If I took my seatbelt off I got one helluva whoopin' when we got home.

I hate seeing kids in the beds of pickups too. Sure, it's fun and ranchers do it all the time while they're working, but when I see it in the city I cringe!

[ashnat]

I've been writing people in the state since I moved here in 2004. This state is SO behind the times. This state would rather "not rock the boat", hope that each set of parents "can make the right choice", instead of just making it a LAW! OBVIOUSLY parents are making the wrong choice, when I drive down the street on a daily basis and see kids not buckled.
Most states have 6 or 8 year old in a booster laws, this stupid state has an age 4.
I can't remember who emailed me back once, but they basically said it is not a concern for our state that children be buckled til an older age. Geez.
Another pet peeve of mine is leaving children unattended in the car. Granted I moved here from a large metro, but it was against the law to do so there. Why does it take a child dying in this state, for the state to think its a concern that should be addressed? Let's try a proactive approach for once.

[no8fann]

Just thought I would add this ~Jammie, if I didn't do this right, let me know~
National Safety Council's recommendations for child safety:
http://www.safetyserve.com/FineSourc...sion/02_27.pdf

[MJ1986]

Originally Posted by no8fann

Just thought I would add this ~Jammie, if I didn't do this right, let me know~
National Safety Council's recommendations for child safety:
http://www.safetyserve.com/FineSourc...sion/02_27.pdf

Good post... If only our state lawmakers would spend the time they did on the abortion issue on issues concerning public safety... *Shakes my head is disbelief*