RALEIGH – Advocates for child safety are praising the efforts that led to a major change in state laws governing the use of child restraint systems in passenger vehicles.

On Aug. 17, Governor Mike Easley signed Senate Bill 1218 into law. The main change in the law is that it will require most children less than age eight and weighing under 80 pounds to be restrained in a weight-appropriate child restraint. For the most part, this means belt-positioning booster seats for children over 40 pounds.

The changes will go into effect January 1, 2005.

Kendra Askew of Rich Square, who serves as a Child Care Health Consultant for the Bertie County Partnership for Children, said the new law would offer life-saving protection for young passengers in a motor vehicle.

&uot;Studies have shown that the normal passenger restraint system, seat belts, in a motor vehicle are not a good fit for children under 80 pounds,&uot; said Askew. &uot;They just do not provide the same level of protection that older children and adults enjoy. It was for this reason that several groups, including Child Protection Services (CPS) of a county’s Department of Social Services unit, called on our elected leaders for a change.&uot;

Askew admitted that it’s up to the parents or guardians of these young children to make the necessary adjustment to the new law.

&uot;It’s going to be an adjustment for the parents, but it’s a good adjustment to make when it concerns child safety,&uot; she stressed. &uot;Hopefully we’ll see a big decline in the number of child injuries and deaths resulting from improper restraint during a motor vehicle accident.&uot;

She added that law enforcement officials would be paying very close attention to the way young children are restrained in a moving vehicle.

&uot;This is a law that will be enforced,&uot; noted Askew.

The bill was one of the main legislative initiatives of the North Carolina Child Fatality Task Force and the NC CPS Community. The wording of the new law (General Statute 20-137) reads as follows:

&uot;A child less than five eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system. In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

&uot;Any driver found responsible for a violation of this section may be punished by a penalty not to exceed $25, even when more than one child less than 16 years of age was not properly secured in a restraint system. No driver charged under this section for failure to have a child under eight years of age properly secured in a restraint system shall be convicted if he produces at the time of his trial proof satisfactory to the court that he has subsequently acquired an approved child passenger restraint system for a vehicle in which the child is normally transported.&uot;

This bill takes into consideration older vehicles that do not have lap and shoulder combination belts in the rear seat through the clause &uot;If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only&uot; This also means that if the two outside lap and shoulder belt positions of a vehicle’s rear seat are occupied, a child sitting in the middle lap belt only position can be restrained by just the lap belt.

The only other change that will go into effect January 1, 2005 is related to the penalty for a violation. Drivers cited for a violation of this law for a 5, 6, or 7 year old could have the charges dismissed if they present proof to the court that they have acquired an appropriate restraint for that child. This provision is currently available only for violations related to children less than age 5. In addition, drivers cited for a violation of this law could have the charges dismissed if they present proof to the court that they were in a vehicle not normally used to transport that child.

For more information, visit buckleupnc.org.