BILL ANALYSIS Ó
AB 53
Page 1
Date of Hearing: April 20, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 53
(Cristina Garcia) - As Amended April 14, 2015
SUBJECT: Vehicles: child safety seats
SUMMARY: Requires a child under two years of age to be properly
secured in a rear facing child safety seat (CSS) while being
transported in a motor vehicle, as specified. Requires the
provisions specified in this bill to become operative on January
1, 2017.
EXISTING LAW:
1)Requires a parent, legal guardian, or the driver of a motor
vehicle to properly secure a child under age 8 in the
appropriate passenger restraint system while transporting the
child in a motor vehicle.
2)Provides that a violation of the abovementioned requirement is
subject to a $100 fine for the first offense and a $250 fine
for the second and every subsequent offense.
3)Provides a number of exemptions for the abovementioned
requirement, including a court issued exemption or a child
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exceeding height and weight requirements, as specified.
4)Requires a public or private hospital, clinic, or birthing
center to discuss and provide documentation related to the
requirements of child passenger restraint systems and
transporting a child under age 8, as specified.
5)Requires the Department of Motor Vehicles (DMV) to prepare and
disseminate educational materials related to passenger
restraint requirements for infants and children under age 15.
FISCAL EFFECT: Unknown
COMMENTS: A report released in 2010 by the National Highway
Traffic Safety Administration (NHTSA) reported that injuries
suffered in a motor vehicle traffic crashes are the leading
cause of death among children in the United States. The report
further concluded that various studies have shown that children
who are correctly using the appropriate restraint for their
sizes and ages are at a significantly lower risk of sustaining
serious or fatal injuries. Additionally, the Centers for Disease
Control and Prevention reports that motor vehicle fatalities are
the second leading cause of death for children age two and
under.
In March 2011, the American Academy of Pediatrics (AAP) released
a revised set of passenger safety recommendations when
transporting children under age 13 in a motor vehicle. AAP's
recommendation included having infants and toddlers ride in
rear-facing CSS until they reach two years of age or until they
reach the maximum weight or height allowed by the CSS
manufacturer. This recommendation also advises state lawmakers
to consider "phasing-in" the rear-facing requirement over a
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minimum two-year period in order to educate parents on the
safety benefits of rear-facing CSSs.
The AAP's recommendations were based on the evaluation of a
series of studies and research that determined, when properly
used, CSSs reduce the risk of injury by 71% to 82% and reduce
the risk of death by 28% when compared to children of the same
age only using a seatbelt. The research shows that, during an
accident, a rear facing CSS benefits children under age two due
to the increased support to the child's head that is relatively
larger, heavier, and more developed than the child's neck and
spine. Thus, the potential for a child's head to snap forward
and break their necks and/or injure their spinal cords is
significantly minimized.
Although the safety benefits of using a rear facing CSS is well
documented, studies indicate many parents turn CSSs front facing
too early. For example, a study by the University of Michigan
found that only 23% of parents kept their child in a rear facing
CSS until age two. On the other hand, other reports show
parents are reluctant to keep a child rear facing in order to
avoid distractions from an uncooperative child or due to the
lack of leg room (depending on the size of the vehicle).
This bill intends to reduce the injury risk of infants and
toddlers involved in motor vehicle accidents by requiring
children under age two to be placed in a rear facing CSS when
transported in a motor vehicle. This bill also includes
exemptions based on a child's height and weight in addition to
requiring parents to comply with the CSS manufacturer's height
and weight limitations. The author notes, this bill "will help
protect against the tragedy of traffic fatalities involving
toddlers and keep California children safe. California could be
the first state in the nation to pass this important law to
protect our youngest residents."
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Double referral: This bill will be referred to the Assembly
Appropriations Committee should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Academy of Pediatrics, California
American College of Emergency Physicians, California Chapter
California Association of Highway Patrolmen
Early Edge California
El Camino Children and Family Services Inc.
National Safety Council
Nationwide Insurance
State Farm Mutual Automobile Insurance Company
Personal Insurance Federation of California
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Zero to Three, Western Office
Opposition
None on file
Analysis Prepared by:Manny Leon / TRANS. / (916) 319-2093