California Booster Seat Law Updates: What Changes and What Remains a Myth
California child passenger safety law is split across two core statutes within the state vehicle code. Each section governs a distinct age bracket and imposes specific legal burdens on drivers:
| Statute | Passenger Age & Size | Legal Requirement | Primary Seating Rule |
|---|---|---|---|
| CVC 27360(a) | Under 2 years old (unless 40+ lbs or 40+ inches) | Rear-facing car seat in vehicle rear | Rear seat mandatory |
| CVC 27360(a) | Ages 2 to 8 (under 4 feet 9 inches) | Forward-facing car seat or booster seat | Rear seat mandatory |
| CVC 27360.5 | Ages 8 to 16 (or under 8 and 4'9"+) | Properly fitted adult seat belt (or booster seat) | Rear seat strongly advised; front permitted |
California Vehicle Code 27360 sets the primary booster seat age and height limits. Under this statute, every child under the age of 8 must be properly secured in an appropriate federally approved child restraint system. The only exemption prior to an eighth birthday applies when a child reaches a standing height of 4 feet 9 inches (57 inches).
California Vehicle Code 27360.5 then takes over for passengers aged 8 to 16. It mandates that any child in this bracket who is not secured in an approved child passenger restraint system must use an adult safety belt. The critical word in the statute is "properly." An improperly worn belt, such as one slipped behind a back or tucked beneath an arm, leaves the driver open to a citation.
