On May 7, 2015, New Jersey Governor Chris Christie signed a bill into law that amended NJ’s child restraint law. This new law takes effect on September 1, 2015.
We know that legal jargon is very confusing so here is the updated New Jersey carseat and booster seat law in plain English:
Children under the age of 8 (through age 7) are legally required to ride in the back seat* as follows:
- Under age 2 (0-23 months) and weighing less than 30 pounds are required to use a rear-facing carseat with a 5-point harness. This means a convertible used in the rear-facing position or an infant seat. (Note: Most babies will outgrow an infant carrier before their 2nd birthday and will need to transition to a convertible seat used in the rear-facing position. Unless you start off with a convertible seat from birth and then there is no need to transition to a bigger rear-facing seat.)
- Age 2 through age 3 (24-47 months) secured in a carseat with 5-point harness either rear-facing (until reaching the weight or height limit) or forward-facing. Having a 3-year-old in just a booster seat is not legal unless they weigh more than 40 lbs.
- Age 4 through age 7 (48 months until 8th birthday) and less than 57 inches tall (4’9″) secured in a forward-facing carseat with 5-point harness or a booster seat. There is no weight requirement in this updated law – only age and height requirements. (Note: If you have an older child who weighs more than 80 lbs. and you’re having a hard time finding a booster seat that they actually still fit in – consider a Safety 1st Incognito Kid Positioner. It’s specifically designed for bigger, older kids.)
- Age 8 through 17 shall wear a properly adjusted and fastened seat belt
Exemptions:
* If there are no rear seats (e.g., standard cab pickup truck), the child shall be secured in a carseat or booster in the front passenger seat except that no child shall be secured in a rear-facing carseat in the front seat of any motor vehicle which is equipped with a passenger-side airbag that is not disabled or turned off.
Full text of the new law can be found here: http://www.njleg.state.nj.us/2014/Bills/A3500/3161_R1.PDF
My Daughter’s a big girl. She’s 2 weeks shy of 2 years old, already 40lbs and about 34″ tall. Completely outgrow her rear facing infant seat, but physically met the requirements for the front facing booster seat. The booster seat doesn’t have the 5-point harness, just uses the vehicles seat belt. Is that acceptable based on her sheer size?
She can not be in a booster yet. A child that age does not have the ability to sit still. It doesn’t seem to be legal either according to the law.
We don’t recommend boosters before approximately age 6. Most seats today FF until 65 lbs., and some until 80 lbs.
Hi Jason – wow, that’s a big kid! What are you feeding her, miracle grow? Lol. All kidding aside – she isn’t ready to ride in a booster seat with the vehicle seatbelt just yet. You would be best served by a “combination” seat that will keep her in a 5-point harness for a few more years and then it transitions to a booster seat after the harness is outgrown. We have a list of recommended combination seats here: https://carseatblog.com/carseatblogcoms-recommended-car-seats/
Look for seats that have a harness rated to 65 lbs. or more. Let me know if you have any questions!
2 questions: Which one of them 65lb rated FF seats listed would you recommend for overall ease of use combined with the most safety for the cost. Also…. With this new law, what in the world am I supposed to do now with my wife who’s 4’11”???
Hi Jason, if your wife always wears her seatbelt and doesn’t put the shoulder belt under arm or anything like that then she’s fine. She probably could still fit in some boosters but I’m not going there! Lol.
As for combination seats with good value – I’m a big fan of the brand new Evenflo Transitions available at Walmart. http://www.walmart.com/search/?query=evenflo%20transitions
If the Transitions is out of your budget then I would recommend the Evenflo SecureKid. There are two different versions of the SecureKid – LX and DLX. The main difference between the two are the LATCH connectors. The DLX version costs a little more but you get the fancy SureLATCH connectors with built-in retractors. I really like this feature but you can only use LATCH to install the SecureKid until your child reaches 50 lbs. I’m not sure if it would be worth the extra $ for something that you could only take advantage of until she reaches 50 lbs. Right now Amazon has the best prices on both the LX and DLX models: http://amzn.to/1OQccei
Would you get ticketed for an 8 year old being in a booster then? It says 8-14 or whatever that top age was needs to use a seat belt but I know by the time my small 7 year old is 8 I am going to still want him in a booster. (I am aware I live in Oregon now but we may be moving to the East coast in a few months and likely will drive through NJ sometimes).
@Ashley – No, you won’t be ticketed. NJ already has a child restraint law covering kids up to age 8 (NY does too) and I’ve never heard of anyone in either state being cited for having a kid too old using a booster seat. Child restraint laws are meant to establish minimums – not maximums.
So if they are over 8 and under 57″ what does the law say. My ten year old is 52″ and still in a booster. Just wondering what to tell people. Thanks
Hi Becca- Tell them not to rely on laws to keep their kids safe and to use continue to use a booster until their child can pass the 5-Step Test in their vehicle. Most kids aren’t big enough to fit in the adult seatbelt until around age 10-12. https://carseatblog.com/3966/the-5-step-test/
Safety? Safety? Safety? How safe is it to drive listening to a toddler cry and whine because they are uncomfortable with their legs pushed up against the seat?
JaneDoh, this same toddler will cry and whine when forward-facing as well. This behavior is most likely due to being restrained, not his or her feet touching the back seat. Kids sit on the floor and on chairs and couches with their legs in unbelievable positions all the time. They aren’t uncomfortable in the car because their legs are bent.
What are the requirements for children sitting in the front seat?
Janet, I didn’t see anything in the law that addressed an age for sitting in the front seat, but standard practice is no kids under age 13 in the front seat.
Actually rear seat is required for kids under the age of 8 unless the vehicle is exempt (e.g., standard cab pickup truck).
“Every person operating a motor vehicle, other than a school bus, equipped with safety belts or a Lower Anchors and Tethers for
Children system (LATCH) who is transporting a child on roadways, streets or highways of this State, shall secure the child in a child passenger restraint system or booster seat, as described in FederalMotor Vehicle Safety Standard Number 213, *in a rear seat* as follows:…”
interesting that they are requiring 5-pt harness for rear-facing seats. i know this is almost a given for most seats, but the new kiddy evolution pro and aton cloud q are only 3-pt harness, right? does this mean it will be illegal to use those seats in new jersey?
Both of those seats look to be 5-pt harnesses (from the stock pictures). two at the shoulder, two at the hips, and one between the legs. 3-pt harnesses don’t hold shoulders down, some strollers have 3 pt harnesses. I don’t know of any car seats are made with 3 pt harnesses.
I apologize, I jumped too quickly to the wrong conclusion… The more I look at the pictures, I realize you were right. I’m not sure 3pt harnesses are allowed in the US, but I’m not up on all the laws. It would mean these seats are not allowed in NJ.
The U.S. Aton Cloud Q has a 5-point harness, so no problems there. It may be a concern if someone has an Evolution Pro, but it’s not a common seat.
My daughter is 5 and smaller than others her age. I’m glad she still fits into these new guidelines.
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By the time my children are two, there are the size of an average 4 year old, at 11 months they did not fit rear facing and had to be turned around a month early, so how does this work?
Anthony, most convertible carseats now rear-face to 40 lbs or more. Only a very few small seats, inexpensive seats rear-face to 35 lbs. The average 4 year old weighs about 35 lbs. and is 40″, so modern carseats would easily accommodate your children up to age 2 rear-facing and possibly longer if you purchase wisely.
ok, my son is 2 Still rear facing, but he outgrow the height for rear facing in every existing car seat. He only weights 24lb and is almost 40inches. What should I do???
Age 2 through age 3 (24-47 months) secured in a carseat with 5-point harness either rear-facing (until reaching the weight or height limit) or forward-facing.
*weight or height limit of the specific car seat.
laperru, there are some seats that don’t have a height limit, only require that the head be 1 inch below the top of the headrest. Perhaps one of these would work for you. Drop in to the forums for a recommendation. Joining isn’t required to ask a question.
My son is 10 and weights 94 can he sit in the front? What is the age appropriate for kids to be able to sit in the front?
that would be up top your passenger side air bag restrictions… mine states 100lbs to sit in the front seat- not sure if it states an age or ht tho and that would also be important for reaction time, muscle control and head ht when the airbag deploys….
Hi Maria – safety experts agree that kids should not be allowed to sit up front until they are teenagers. So until he turns 13 – he should continue to ride in back regardless of how tall he is or how much he weighs. HTH!
Awasome! Not too many people RF past age 4, even though I do, so that doesn’t worry me. The fact that 2 is for FF, and 40 lbs., rather than 30 for booster is great.
If my daughter is over 2 years old yet isn’t 30 lbs yet does she has to stay rear facing until she becomes 30 lbs?
My understanding is that after 2 they have to rear face until the top limits of the seat (ht OR wt). That is what the law states, though the blog doesn’t make it as clear. At the bottom of this article, there is a source link to a PDF, copy and paste it for the actual law.
@Kim – no, it’s not legally required but if she still fits in her convertible rear-facing then it’s safer to keep her that way. Best practice is not about rear-facing to a certain age or weight. Best practice is keeping the child rear-facing until they reach either the weight limit or height limit of their convertible seat in the rear-facing position.
This says under 2 and under 30 pounds for rearfacing… Can that be interpreted as a one year old who weighs 30 pounds is ok to forward face?
@Katie – yes, a 1-year-old who weighs over 30 lbs. is exempt from the rear-facing requirement of this new law and would be legal forward-facing if they met the carseat’s requirements to use the seat in that way.
this is getting a little ridiculous. i’m 5 3 and my grandson is almost up to me waist. by the time he’s 7, he’ll look like an adult in a car seat and would be too big for a booster. this should be based on height and weight. it’s bad enough these seats have “expiration dates” on them and now this. Besides, i have not seen hardly any changes in these things. parents don’t have disposable income and car seats are expensive. i have not seen nor heard of any officer inspecting these dates and doubt seriously if the cops are going to ask for i.d. on the children.
If you’re in a crash and the child is injured and the seat is expired or used improperly you most certainly could be ticketed for child endangerment.
I second Vanessa’s question re: RF past 4 years of age.
Also, is NJ the first state to legally require RF until 2? Or are there others who have done this too?
Nedra – NJ is the first to sign a new law that requires RF for kids under age two if they weigh less than 30 lbs. In this case a 1-year-old who weighs more than 30 lbs. is exempt from the RF requirement. Other states have bills that they are working on but there’s no guarantee that those bills will be signed into law. See my comment to Vanessa above regarding rear-facing children older than 48 months. HTH!
The 30 lb 1 year old is only exempt if their car seat rear-facing limits have been passed, correct? I tried to find the actual bill and just want to verify.
So under the law as written an officer can write me a ticket because there’s a seat on the market that has a 5point harness for my 49inch tall child and I have him in a booster seat? Do I have to document that we once had a 5 point harness seat and he grew out of it, as the law appears to possibly allow?
If hes under 4 years an 40 pounds yeah. Just plan ahead when you purchase your safety seat and it wont be an issue…..
Hi Jenne – a child who is 49″ tall is most definitely not under age 4. A booster seat for a child over 4′ tall would be both safe and legal.
whenever i have more kids my kid will turn around and be forward facing when i deem it safe not waiting to 2 yrs old that is for sure. i am sorry kids been rear facing for first year then turning forward after how long now sorry to me it is just very dumb. I am not having my kid be squished by facing them rear facing. Yeah u guys call it froggy leg or whatever u want to call it i want to see u sit like that comfortable for that long and tell me if u think a kid should sit like that not they should not as it is very very uncomfortable and if was to get in an accident with legs like that the kid can get severally injured.
It is recommended children rear face until 4. They fold their legs. It is 5x safer for preschoolers to rf and the legs aren’t an issue many kids prefer it. The back seat is more like having a leg rest as opposed to letting them dangle. If you decide to put your child foward facing before recommend it would be on you when your child gets a serious neck injury. Children are much more comfortable in awkward positions than adults. They are much more flexible. You’re ignorant.
Wow. That person is not ignorant, they are realistic. No one wants to sit like that. I challenge u to sit like that. It is uncomfortable and unnatural to sit in that position. I have opinions about people like u that I will keep to myself.
Do you have an engineering degree, physics degree, profession in scientific research? Will you put you infant to bed on their stomach in a crib full of blankets and stuffed animals? Will you feed your child with plastic bottles containing BPA (assuming you can even find some to purchase)? All of these things have been researched by intelligent professionals who have deemed it unsafe so why arw you saying that the research stating this old practice is clearly unsafe is wrong? Have you seen a child killed from the tragedy of uneducated care givers? Not only does it ruin the family’s life it leaves a mark on every first responder on that scene.
Wow. I feed my kids with glass bottles because I knew plastic was unsafe before BPA was talked about. I nursed my kids because I knew it was better than formula. But those professionals you speak so highly of at one time said formula was better than breast milk. So forgive my resorvations.
I forgot to mention that professionals at one time said to put children on their stomach to sleep. So u nor they really know how sitting in that position will affect growth or spine development.
LAP – questions about legs bent or touching the back of the vehicle seat are very common. CPS Technicians deal with these concerns from parents and caregivers every day in the field. We have some excellent info on the subject here: https://carseatblog.com/28978/mythbusting-legs-bent-or-feet-touching-the-backseat-when-rear-facing-is-dangerous/
HTH!
You’re right! I definitely would prefer my child being comfortable and having a broken neck, than possibly having them be “squished” (cause kids aren’t flexible AT ALL) and maybe having a broken leg. Priorities, right?
I read the source link and it says that a child must rear face until s/he “outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system…. ” That is very different than the information in this article which says 2 yrs and 30 lbs. For example, my child’s car seat has a top rear facing weight of at least 40 lbs (don’t remember exactly off the top of my head.) So by the wording of the law (and not this article), my child will not be allowed to front face until almost 4 yrs old….. Car seat blog people: why does your information vary so much from what the source says?
note it states ‘OR’ .. so if your child has hit the WT limit- he/she can face forward- if they hit the HT limit they can face forward. They do not necessarily have to hit BOTH Limits
Right, Keri. Kecia stated in plain English what the law states in legalese:
“a. A child under the age of two years and weighing less than 30
18 pounds shall be secured in a rear facing child passenger restraint
19 system, which is equipped with a five-point harness.”
Since the law is a basic requirement, you can certainly use your carseat to 40 lbs RF if you wish and that’s its max RF limit.
I understand the law. I know my child doesn’t have to reach both, but she won’t reach either (manufacturer’s ht or wt limits) until well past her 3rd birthday. My child is almost 2 and I wasn’t planning on switching her until she is 2 (and when she is at least 22 lbs the min recommendation for FF for her seat). But now I can’t until she is at least 37 in or 40 lbs….. AND she has chronic hip problems which make it uncomfortable to sit with her legs cramped up for long periods which is why I was planning to turn her sooner rather than later.
This blog is a little deceiving, because it doesn’t mention manufacturer’s top weight or height limits as the “go ahead” to FF, it only mentions the 30 lbs which is actually only a guide for children under 2.
I don’t have to worry about that. My kids hit 30lbs by 6 months. And my son who is under two is 40 lbs. He is taller and weighs more than some 4 year Olds.
Just FYI – even a 6-month-old who weighs 30 lbs. is required to be restrained in a rear-facing carseat in every state in this country. There are no carseats on the market that allow a child less than 12 months old to be forward-facing (regardless of how much they weigh) because the risk of a serious or fatal injury is much too great. Weight and overall size have nothing to do with what’s going on with growth and development inside the body. A 6-month-old who weighs 20 or even 30 lbs. is no different on the inside than a 6-month-old who weighs 14 lbs. Thankfully, most rear-facing convertibles on the market today are rated to 40 lbs. and a few are even rated to 45 or 50 lbs. to keep those really big toddlers rear-facing until at least 24 months.
Why is my comment still awaiting moderation? People have posted and been responded to after I made my comment……
Keri – we’ve had software issues since yesterday that prevented us from approving comments from people that the system didn’t recognize. We apologize for that but the issue should be fixed now.
Guess Christie is going to buy me 2 new car seats …I am not made out of cash and raising my 2 granddaughters in a SAFE ENVIROMENT in as well as out of the automobile…..why doezn’t Christie fine the drivers who drive with their dogs on their LAPS!!!
Less than $50 to keep your precious cargo rearfacing through at least 3. Glad your grand babies arent worth that to you.
@ms fire – with all due respect, replies like that are completely unacceptable. CPS Technicians and advocates have an obligation to educate parents, grandparents and caregivers in a respectful and professional manner.
@Theresa – first of all thank you for stepping up to the plate and raising your 2 granddaughters in a safe environment. The world needs more people like you. I understand not being made out of cash – most of us are not. Depending on what seats you already have – it may be possible to comply with the new law without buying anything new. I’m not sure how old your granddaughters are and what they are riding in right now but there are many inexpensive options on the market right now if you do need to replace their current seats. Feel free to send me a message if you want my help figuring it out. You can reach us at [email protected]
I agree. These laws are too much sometimes and it all goes in the pocket of a corporation.
@Dawn – NJ has required appropriate child restraints since 2001 so this isn’t something new. In most cases parents already have the right carseat or booster and it won’t be necessary to purchase anything new.
Please look at the second and third images. The childrens’ legs are too long to sit properly. How is this considered safer?
They can cross their legs, put them over the sides or place them up on the seat and recline back for a snooze. Most crashes happen to the front half of the vehicle which by the laws of physics means the childs legs will pull away from the rear seat while the crash force is evenly spread across the childs torso. If this same child were to be forward facing their legs would fly forward smashing into the seat in fronts metal cross member and breaking their legs. At the same time the head which iant strapped in and has nothing to restrain it flys violently forward stretching the spine and coming to an abrupt stop when it strikes something in ita path. This is the injury that will kill your child, not a squished leg……
Hi Shannon – questions about legs bent or touching the back of the vehicle seat are very common. CPS Technicians deal with these concerns from parents and caregivers every day in the field. We have some excellent info on the subject here: https://carseatblog.com/28978/mythbusting-legs-bent-or-feet-touching-the-backseat-when-rear-facing-is-dangerous/
HTH!
What about RF past age 4? Will that be allowed?
Why would you place a 4 year old RF, how small is your child? At 1 to 1-1/2 RF is tight with their legs pushing against the seat, that would be my concern by extending the age to 2. Like many others say, more emphasis should be on height and weight to avoid crammed positioning.
nothing with the car seat law has to do with avoiding ‘crammed positioning’ . the legs being bent has shown to not be a safety issue at all. All the emphasis is on safety, or at least it should be. In a perfect world my 9 year old who is 48 in’ (56lb) would probably be in a 5 point harness (forward facing) or at least a high back booster, but I gave into peer pressure a while back. clearly am not winning mother of the year award anytime soon.
I’m with you. who wants to ride in a car with their knees beside their ears? Next, you’ll start seeing casts on kids legs because they spent 3 years growing and cramped up in the carseat!
My almost 4 year old is tall and still rear facing. “Cramping” as you claim has nothing to do with safety. 1: crash forces most often pull the childs legs away from the rear of the seat while rear facing causing absolutely no injury to lega or more importantly the spine. When forward facing the legs and head fly violently forward and not only break legs, especially if they hit the metal cross members in the seat ahead of them, but the spine is alao stretched and the head impacts the legs or any object in front of the child causing head and spine trauma which is what will kill your child in a crash. I’ve seen it first hand and its tragic. Rearfacing is the best way to protect your childs spine, who gives a crap about “cramping” as you say. My son puts his legs up on the seat and lays back like hes in a recliner
Not for nothing but that is IF u get into an accident. You are being extreme a four year should NOT be rear facing. I saw the pictures above and I couldn’t believe those poor kids sitting like that.
The “poor kids” in a crash are almost always the front-facing ones, who are far more likely to suffer head injuries in a severe crash. Rear-facing children typically sustain minor injuries or none at all. Sure, the odds of being in a crash are low. Even so, car crashes remain the #1 killer of children 1-8 years old. Kids sit in crazy positions all the time on their own, the only problem most of them have with sitting rear facing is in the perception of the adults who aren’t flexible enough to sit comfortably that way anymore.
In Europe, most countries require your child to be rear-facing until age 4. You don’t see a whole country’s worth of children with bow-legs or anything like that. My daughter screamed when rear-facing and I gave in and turned her before age 2. With my son, I plan on keeping him rear-facing as long as possible.
Hi Chris – concerns about legs bent or touching the back of the vehicle seat are very common. We have some excellent info on the subject here: https://carseatblog.com/28978/mythbusting-legs-bent-or-feet-touching-the-backseat-when-rear-facing-is-dangerous/
HTH!
Many parents are choosing to extend rear face for the safety of tbeir children. A childs bones are not like an adults. As a nurse who worked a spinal cord unit for three years I can assure you I would rather my child have a broken leg than a severed spinal cord. With that being said many children prefer rear facing for comfort and there is no evidence to support that rear facing harms a child developmentally due to their legs being “cramped”.
OK tell that to my son. He would never sit like that.
@Dawn – keep in mind that these kids didn’t wake up one morning with an extra 5″ of legs. Every day is the same as yesterday except maybe you’re a millimeter taller today. Kids don’t notice growing – and when they grow enough to warrant a shift in how they position their legs to sit rear-facing, they will make the adjustment without even thinking about it. The rear-facing kids pictured are very comfortable – I promise you that.
Vanessa, the way the law is worded the only “legal” option for a child over 48 months is to be FF in a seat with a 5-point harness or in a booster. ” in a forward facing child passenger restraint system which is equipped with a five-point harness, until the child outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system, at which point the child shall be secured in a rear seat, in a booster seat; or
(2) in a booster seat.”
First bullet point: You mean through the eighth year. One’s eighth year starts at his/her seventh birthday. (Think about it, the first year is before the first birthday.)
Too much of this is age based, and not primarily height and weight based. There are some very small two year olds who will be facing forward before they should, based on this law, IMO.
ok, my son is 2 Still rear facing, but he outgrow the height for rear facing in every existing car seat. He only weights 24lb and is almost 40inches. What should I do???
Diono seats have a higher height than 40. So do a lot of convertible seats. No infant only seat (which it seems you are refering to) will fit the average or above average 1 year old (except gracos new clicktight 40)
it’s based on age because of the bones. However it is still best to RF as long as possible. Just over 83% of children at 24 months are less than 30lbs, so many children will still have to RF longer (which is absolutely wonderful 🙂 ).
Wow. I’m stunned. Seriously stunned.
But in a good way 🙂 Yay, New Jersey!
So, is the cop going to demand an identification card from the kid to prove his/her age? Will police officers begin to carry scales in their cars to weigh the children? This law is politically correct to appease some group, but is essentially unenforceable.
Ray – I don’t disagree. New Jersey already has child restraint laws on the books but if it’s anything like enforcement in NY – you’re not likely to be ticketed unless the officer observes gross misuse like no carseat at all, kid not buckled in the carseat, carseat not secured to the vehicle, etc.