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Traffic Ticket & Missouri Car Seat Law: What You Need to Know

It is very important to know and understand Missouri’s car seat laws, whether you are expecting a child or have small children in your family. After all, these laws make sure your child is held safely within your vehicle and also ensure you do not get a traffic ticket if you commit a traffic violation.

Consequently, Missouri has updated its car seat laws, with the most critical change taking effect on August 28, 2021. The new rule, from Senate Bill 493, requires that children under two years old ride in a rear-facing car seat. This update, in fact, brings Missouri’s safety regulations in line with what child safety experts recommend.

Missouri’s Child Restraint Requirements

Here’s a breakdown of Missouri’s current car seat laws. Knowing these rules can help you avoid traffic violations or a moving violation: 

1. Under age 2: Must be in a rear-facing car seat. However, an exception is made if the child exceeds the manufacturer’s maximum weight or height limits for that seat (Missouri Senate Bill 493).

2. Under age 4, OR under 40 pounds: Must be in an appropriate child safety seat (Missouri Revised Statute 307.179).

3. Ages 4-7 (weighing 40-80 pounds AND less than 4’9″ tall): Must be in an appropriate child safety or booster seat. Furthermore, children in this age range who are 80 pounds or 4’9″ tall or taller can use a regular seat belt.

4. Over age 8 (OR at least 80 pounds OR taller than 4’9″): Must be secured with a safety belt or booster seat (Missouri Department of Transportation).

5. All children under 16: Must be properly restrained in the vehicle, in other words, whether with a car seat, booster seat, or safety belt (Missouri Revised Statute 307.179).

Exceptions:

For instance, if a back seat lacks a shoulder belt, a child who needs a booster seat can use a lap belt in the back.

Similarly, drivers transporting multiple children from their immediate family, where there are more children than available seating with restraints, are not in violation if the unrestrained children sit in the back.

Moreover, the law does not apply to public carriers for hire (e.g., taxis) or school buses with 11 or more passengers.

Penalties:

Violating the car seat or booster seat provisions for younger children (under 8 years old) is a misdemeanor with a fine of up to $50 plus court costs.

However, this charge can be dismissed if the driver provides proof of having acquired an appropriate child restraint system before or at their hearing.

Acceptable Restraints for Children in Missouri

Choosing the right car seat for your child is crucial. Here are the types of restraints and the guidelines for using them, based on Missouri law and safety recommendations.

1. Rear-Facing Seats: These seats are now legally required in Missouri for children under the age of two (Missouri Senate Bill 493). Therefore, they provide the best protection for an infant’s or toddler’s head, neck, and spine. Your child should remain in a rear-facing seat until they reach the maximum height or weight limits set by the manufacturer.

2. Forward-Facing Seats: When your child outgrows the rear-facing seat’s limits, they can transition to a forward-facing seat with a five-point harness. These seats are designed for toddlers and young children who are no longer legally required to be rear-facing. According to Missouri law, children under age 4 or weighing less than 40 pounds must be in an appropriate child safety seat (Missouri Department of Transportation).

3. Booster Seats: Once a child outgrows the forward-facing seat’s harness, they are ready for a booster seat. This seat, in effect, elevates the child so the vehicle’s seat belt fits correctly across their shoulder, chest, and hips. Children must be under 4’9″ tall and between 40-80 pounds to be legally required to use a booster seat.

4. Safety Belts: Children who are at least 8 years old, at least 80 pounds, or at least 4’9″ tall can use a vehicle’s regular safety belt. Ultimately, all children under 16 must be properly secured in a car, no matter the restraint type (Missouri Revised Statute 307.179)

A Guide to Proper Seat Usage

Improper car seat installation is a leading cause of child injuries in accidents. To ensure your child’s safety and avoid a potential traffic ticket, follow these guidelines:

– Read the Manual: Always follow the car seat manufacturer’s instructions and your vehicle’s owner’s manual for proper installation.

– Location Matters: Never place a car seat in front of an active airbag. In addition, child passenger safety experts recommend that all children under 13 ride in the back seat.

– Tight Fit: The car seat should be anchored tightly to your vehicle’s seat. It shouldn’t move more than one inch from side to side or front to back at the belt path. You can check this by giving it a firm shake.

– Correct Restraints: Ensure the safety harness is snug, with no slack. For a rear-facing seat, the straps should be at or below your child’s shoulders. For a forward-facing seat, the straps should be at or above their shoulders. The chest clip should be positioned at armpit level.

Penalty for Non-Compliance

Failing to properly restrain a child in a vehicle is a serious matter. In Missouri, this is considered a traffic infraction.

Fine: Violations can result in a fine of up to $50 plus court costs.

Dismissal: Charges may be dismissed if the driver provides evidence to the court that they have since acquired and are now properly using an appropriate child safety seat. This shows the state’s focus is on ensuring child safety, not just on punitive measures. Finally, when facing a traffic ticket, consulting a lawyer can help you understand your options and the best course of action. For a straightforward process, your trusted traffic counsel can assist in navigating these legal requirements.

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