Ask Trooper Rob: Child seat must be used no matter what

Published 12:10 am Thursday, October 27, 2011

Q: If your only vehicle is a pickup truck with no back seat, and you have a small child, it must be legal to use the child safety seat in the front seat, correct? I have friends who say no, it is not. I would think some use of the child safety seat is better than none. — Katherine from Ionia

A: Katherine, you are correct, a child seat must be used, even in the pickup truck. Michigan law, MVC 257.710d, Child restraint system required; position; exceptions; violation as civil infraction, states (1)…each driver transporting a child less than 4 years of age in a motor vehicle shall properly secure that child in a child restraint system that meets the standards… (2) A driver transporting a child…shall position the child in the child restraint system in a rear seat, if the vehicle is equipped with a rear seat. If all available rear seats are occupied by children less than 4 years of age, then a child less than 4 years of age may be positioned in the child restraint system in the front seat. A child in a rear-facing child restraint system may be placed in the front seat only if the front passenger air bag is deactivated. (3) This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts under federal law or regulations. (4) A person who violates this section is responsible for a civil infraction.

Continuing, best practice is to have the child in the rear middle and rear facing as long as possible, as this is the safest way to transport. Most new car seats are rated to 35 lbs. rear facing and the new Safe Kids best practice is to leave the child rear facing until 2 years old. The old practice was turning the child forward facing at 1 year and 20 lbs.

If the child has to be placed in the front seat, deactivate the airbag for that seating position. Do not place a rear facing car seat in front of an active airbag. If possible, the middle position may be used.

Michigan’s recent change to the child passenger safety law also includes children over the age of 4 years old. A child restraint system, whether it’s a convertible, combination, or booster seat must be used until that child reaches 8 years old or 4’9”, whichever comes first. It is recommended to leave the child in the seat as long as the child meets the height and weight standard of that seat, even if they have fulfilled the legal requirement.

Q: Isn’t it illegal to have the carrying handle on a baby seat in the up position while the car is moving? — Jimmy from Cassopolis

A: Jimmy, thanks for the question that causes concern for many drivers. It is not illegal to have the carrying handle in the upright position. However, again, I will use the phrase of “best practice.”  Best practice is to have the handle in the down, locked position. The only exception is if the seat manufacturer has specifically stated in the owner’s manual that it is authorized be upright. The rear facing infant seats are designed to “ride down the crash” in the event of a violent forward stop. The seat is then designed to rock back. If the handle is in the up position and toys are dangling from it, there is a chance the child’s head may strike the handle or the toys. The child’s head striking the handle or toys at 55 mph is not a situation we want.