Legal Question in Personal Injury in California

Question re: child safety seats in CA:
I have a niece who is seven years old and weighs only 38 lbs. California law states the following: "27360. (a) A parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may not permit his or her child or ward to be transported upon a highway in the motor vehicle without properly securing the child or ward in a rear seat in a child passenger restraint system meeting applicable federal motor vehicle safety standards, unless the child or ward is one of the following: (1) Six years of age or older. (2) Sixty pounds or more."
More from CA code section 27360 here: http://www.dmv.ca.gov/pubs/vctop/d12/vc27360.htm
My niece's parents interpret this to mean that since she is at least 6 years old, she does not need a safety seat. I am convinced that the need for a seat is based more on the size and weight of a child than their age. I would like to have an answer before one of us is pulled over and gets an answer in person from the California Highway Patrol.
Which value matters more in requiring a safety seat - size of the child or age of the child?

Asked on 4/19/10, 1:01 pm

George Shers Law Offices of Georges H. Shers

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The Code section clearly states that if the child is 6 years or older they do not have to be in a child restraint seat.

Answered on 4/24/10, 11:39 pm

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