Child Passenger Safety

Maine's New Child Passenger Safety Law

Effective January 1, 2003

Children who weigh less than 40 pounds must be properly secured in a child safety seat. (Translation: All children who weigh under 40 pounds must be in a car seat with a harness that is used correctly in accordance with the seat's manufacturer's instructions.)

Children who weight at least 40 pounds but less than 80 pounds and who are less than 8 years of age must be properly secured in a federally approved child restraint system.  (Translation: To be required to be IN a child safety restraint such as a car seat, booster seat, EZ-On Harness, etc., they must be BOTH under 80 pounds AND under age 8 years.  Therefore, a child who is either 80 pounds OR age 8 years old, whichever comes first, can legally wear a seat belt alone without an additional child safety restraint.  It's important to remember, however, that the law is a guidance for parents and does not imply that every child who is 80 pounds or age 8 is physically or developmentally ready for a seat belt alone.  Seat belts are primarily designed for adults.  There are many children over the age of 8 who still cannot obtain proper seat belt fit alone and can benefit from continuing to use a booster seat after age 8.  Parent are advised to consider using the 5-step test to to make an informed decision on whether their child still needs a booster seat or not and to contact a local child passenger safety fitting station for further assistance.  A federal approval means that it meets the government's safety standards.  All restraints that meet the standards will have a label stating that it is in compliance, often noting reference to FMVSS 213 which is the federal motor vehicle safety standard that regulates child safety restraint systems.)

All children who are less than 12 years of age and who weigh less than 100 pounds must be properly secured in the back seat, whenever possible.  (Translation: If a back seat is available, all children who are BOTH under age 12 AND under 100 pounds must be properly restrained there.  If there is no back seat or if all seating positions in the back are used by other passengers, the front seat can be used but the child still must be properly secured according to their age and size.  The seat should be moved as far back away from the dash as possible.  It is not always the oldest child who should be seated in the front but the child who has the best upper body protection (a 5 point harness car seat, for example).  The back seat is safest for all passengers and should be used whenever possible.  Contact a local fitting station for further information and assistance.  NEVER place a rear-facing child in the front seat with an active airbag!!)

Children who are more than 8 years of age but less than 18 years of age or less than 18 years of age and more than 4' 7" tall must be properly secured in a seat belt unless required to be in a child safety seat or federally approved child restraint system as stated above.  (Translation: Children who are BOTH less than 80 pounds AND less than age 8 years must be properly secured in a child restraint system (car seat for those under 40 pounds and car seat, booster, harness, etc. for those 40 to 80 pounds).  Children more than 8 years old must wear a seat belt but may benefit from using a booster seat as needed (see above).

**Maine's law is unique in that it requires PROPER use of child safety restraints and seat belts.  A child safety restraint or seat belt that is not used properly may not protect properly**

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