It is no secret that choosing the right car seat and securing a small child properly in the right car seat are both critical components of keeping a child safe while traveling in a vehicle. Not only are car seats crucial in protecting children when a car accident happens, but they are also safety equipment that is mandated by law. Nevada is no exception to this rule as the state legislature has enacted car seat laws in hopes of increasing child passenger safety across the state.
State Car Seat Laws
NRS 484B.157 mandates that any child who is a passenger in a vehicle who is under the age of 6 and weighing less than 60 pounds must be in an approved child-restraint system. According to Nevada law, an “approved” child-restraint system is on that complies with the Federal Motor Vehicle Safety Standards (FMVSS) including being:
- Appropriate for both the weight and size of the child using it; and
- Installed inside the vehicle and attached safely and securely either:
- In compliance with the installation and attachments that are provided by the manufacturer; or
- In another manner that is approved by the National Highway Traffic Safety Administration (NHTSA).
General Car Seat Recommendations
Nevada’s Department of Motor Vehicles (NDMV), provides guidance and recommendations for child safety restraints by age for the highest safety. These include:
- Birth to 1 year old: Seated in rear-facing car seats until the child is at least one year of age and has reached the manufacturer’s weight and height limits for the car seat;
- One to three years old: Continue using rear-facing car seats as long as possible, and switch to forward-facing car seats with a harness until the child has reached the manufacturer’s weight and height limits for the car seat;
- Four to seven years old: After outgrowing a front-facing seat with a harness, children can use a booster seat until they are large enough for a seat belt;
- Eight to twelve years old: a seat belt fits properly when the lap belt lies across the thighs (not the stomach) and the shoulder belt lies across the shoulder (not the neck or face);
Notably, all children should sit in the back seat of the vehicle for as long as possible – or, at least, until the age of 12.
Penalties for Violating Seat Belt Laws
Under Nevada law, the fines and punishment for violating child restraint laws often depend upon the offending driver’s history of violations.
- First offense: $100-$500 fine, plus 10-50 hours of community service;
- Second offense: $500-$1,000 fine, plus 50-100 hours of community service;
- Third offense: suspension of driver’s license for 30-180 days.
That being said, first time offenders may be able to avoid the above penalties by taking a child safety restraint class within 60 days of his or her sentencing. Moreover, because car seat violations are not considered a typical moving violation, the offender’s license will not have points added to his or her driver’s record by the DMV.
Our Accident Lawyers Can Help
If you have been hurt through no fault of your own in a Nevada car accident while your child was in a car seat, do not hesitate to contact the Las Vegas personal injury lawyers at Matt Pfau Law Group. Our skilled attorneys can explain your rights and obligations under Nevada law.
