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To download the brochure on all child passenger safety laws in Georgia, click here.

Georgia Child Passenger Safety Laws: The Bottom Line

GEORGIA’S CHILD PASSENGER SAFETY LAW

Under the new law children under age six are required to be in
a child safety seat or booster seat appropriate for their height and weight and used according to the manufacturers' instructions. The new law also requires children under six to ride in the rear seat.

EXCEPTIONS TO THE NEW LAW

The new law has some exceptions. For example, the law requires children under six to ride in the rear seat, but exceptions exist if there is no rear seating, or all appropriate rear seating positions are already occupied by other children. In this case, children under six may ride in the front seat but must be properly restrained in a child safety seat or booster seat appropriate for their height and weight. Be aware of the potential for injury from airbag deployment if
children are placed in the front seat!

VEHICLE EXEMPTIONS FROM THE NEW LAW

Exempt vehicles under the new law include multifunctional-school-activities-buses for five-year-old children. Licensed childcare facility vans that have met certain state safety inspection requirements and are used for the transportation of children over four are also exempt, until July 2007, provided five-year-old children are properly restrained by safety belts.
(Taxicabs and public transit were already exempted under existing law.)

CHILD WEIGHT EXCEPTIONS TO THE NEW LAW

For booster seats to be used properly, a lap/shoulder belt is required. There is an exception in the new law that will allow a child who is over 40 pounds to use only a lap belt if there are no shoulder belts in the vehicle, or if positions that have lap/shoulder belts are being used to properly restrain other children. (Again, if there are only lap belts in the rear, the child may be placed in the front seat. Children must be properly restrained in a seat that is appropriate for their height and weight and used according to the manufacturers' instructions.)

CHILD HEIGHT & HEALTH EXCEPTIONS TO THE NEW LAW

Under the new law, if a parent can show that a child’s height is over 4’9”, that child may be restrained in a safety belt in lieu of a booster seat.
(Under the existing law, a child under six could already be exempt if the parent or guardian has a physician’s written statement that a physical or medical condition prevents using a shoulder safety restraint. Be aware of the potential for injury from airbag deployment if children are placed in the front seat!)

TEMPORARY EXCEPTIONS TO THE NEW LAW

The law still provides that any person transporting an unrestrained child may receive up to a $50 fine and one point. If that offender has a second conviction, the fine may double up to $100 and two points. One citation may be written per child unrestrained or improperly restrained. Under the law, there’s a temporary exception to the fine that applies only for a limited time between July 1, 2004 and January 1, 2005. During that six-month period, the court MAY waive or suspend the $50 fine for a first conviction if the defendant shows the court that an appropriate child safety seat, based on the child's height and weight and meeting the requirements of the law, has been purchased after the time of the offense, but before the court appearance.

Georgia Child Passenger Restraint Law O.C.G.A. 40-8-76

Did you know???

Motor vehicle crashes continue to be the leading cause of death and injuries for children ages 1 to 12 years old in Georgia.

More child motor vehicle deaths occur on the weekends (Friday, Saturday, and Sunday) than on other days of the week. The peak time for these fatal crashes is 3-6 p.m.

Children under 13 should not be placed in the front seat of a vehicle equipped with an active air bag.

The purchase of USED child safety seats is NOT RECOMMENDED.

ALWAYS READ CAREFULLY BOTH THE VEHICLE OWNER'S MANUAL AND THE CHILD SAFETY SEAT MANUFACTURERS’ INSTRUCTIONS.

There are four steps for keeping children safe in a vehicle:

Step One: Newborns and infants must always be place in rear-facing seats until they are at least one year old and a minimum of 20 pounds.

Step Two: Children between 20 and 40 pounds and at least one year old can ride in forward-facing seats.

Step Three: Children between 40 and 80 pounds and under 4-feet-9-inches tall should ride secure with a lap and shoulder belt in booster seats.

Step Four: Children who have outgrown booster seats should use seat belts. Children are ready for this step when they are over 4-feet-9-inches tall.

All Child Safety Seats must be installed and used according to manufactures' instructions.