Child Safety Seat Law

Motor vehicle crashes are the number one cause of death for children in the United States. The proper use of child car seats is one of the simplest and most effective methods available for protecting the lives of our young children in the event of a motor vehicle crash. In 2015 the State of New Jersey enacted legislation which updated the law governing Child Safety Seats (Title 39:3-76.2a). This law incorporated common sense regulations and can be used as a tool for Parents/Guardians/Caretakers to use for determining what child seat is appropriate and lawful to use.

 39:3-76.2a Child passenger restraint systems.

1.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 Federal Motor Vehicle Safety Standard Number 213, in a rear seat as follows:

a.A child under the age of two years and weighing less than 30 pounds shall be secured in a rear facing child passenger restraint system, which is equipped with a five-point harness.

b.A child under the age of four years and weighing less than 40 pounds shall be secured:

(1) in a rear 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 forward facing child passenger restraint system which is equipped with a five-point harness; or

(2) in a forward facing child passenger restraint system which is equipped with a five-point harness.

c.A child under the age of eight years and less than 57 inches in height shall be secured:

(1) 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.

d.If there are no rear seats, the child shall be secured in a child passenger restraint system or booster seat in a front seat of a motor vehicle except that no child shall be secured in a rear facing child passenger restraint system in a front seat of any motor vehicle which is equipped with a passenger-side airbag that is not disabled or turned off.

e.In no event shall failure to be secured in a child passenger restraint system or booster seat be considered as contributory negligence, nor shall the failure to be secured in the child passenger restraint system or booster seat be admissible as evidence in the trial of any civil action

Child Car Seat Fitting Station

The South Orange Police Department continues its dedication to traffic and passenger safety by assigning Safety Technicians to the Essex County Child Car Seat Fitting Station, which recently moved from Cedar Grove to Livingston. This effort is run by the Essex County Child Passenger Safety Coalition, and provides inspections and fittings of child car seats in automobiles for free.

This service is conducted by Certified Child Passenger Safety Technicians, and is available at
Mount tabor Volunteer Fire Department

72 South Powder Mill Road
Morris Plains, NJ 07950

The Center is open every Wednesday from 9 a.m. - 4 p.m. (except major holidays), and no appointment is necessary.

 If you are unable to visit the Center in person you can schedule a virtual appointment by calling 973-971-6477.

Car Seat Recalls

Visit the National Highway Traffic Safety Administration’s web site to find out about car seat recalls and defects, register your child restraint system for future recall notification or file a child restraint complaint.