Child Passenger Safety. for TMCEC

Transcription

1 Child Passenger Safety for TMCEC 1 Lynda Walker Law Enforcement Liaison Texas Municipal Police Association 6200 La Calma Drive, Ste. 200 Austin, Texas Office Cell Lynda.walker@tmpa.org 2 Child Occupant Restraint Enforcement To provide information and to educate court personnel in the recognition of properly installed child safety seats 3 1

2 Section # 1 Welcome and Introductions 4 Content Source: National Center for Injury Prevention and Control, 5 Division of Unintentional Injury Prevention. February 2,

3 Injury Prevention If a disease were killing our children at the rate unintentional injuries are, the public would be outraged and demand that this killer be stopped. C. Everett Koop, M.D., Sc.D., former US Surgeon General Our goal is to reduce the risk of injury Training Goals To help enforce current laws Recognize misuse To identify resources 8 Section # 2 Texas Law 9 3

4 Buy SmartDraw!- purchased copies print this Buy SmartDraw!- purchased copies print this document without a watermark. Visit or call Question According to current Texas Law is this a violation of the law? PC-Speeding You notice a 5yoa, 35 pounds, 4 foot child in the rear center position in a booster seat with a lap only belt. 10 Violation or not?? Question Child Mom document without a watermark. Visit or call Mom Dad Aunt Uncle Brother Child Child 4

5 Require Correct Use Our law requires that the child restraint be installed CORRECTLY This is per manufacturer instructions of both the car seat and vehicle 13 Meet Federal Standards All child safety seats per LAW must meet federal motor vehicle standards (FMVSS 213) 14 Texas Law (Continued) Primary Enforcement Applies to any motorists traveling in TX Applies to all seating positions in vehicle All authorized emergency vehicles shall not be subject to the requirements 15 5

6 Section # 3 Crash Dynamics 16 Changing a Culture Sir Isaac Newton Said Law of Physics: An object in motion remains in motion until acted upon by an outside force. ---You decide. 18 6

7 Crashes are VIOLENT Approximate formula: Weight x Speed = Restraining Force 20 lb baby x 30 mph = 600 lbs of restraining force is needed 19 5 Ways Restraints Prevent Injury- National Highway Traffic Safety Administration Prevents ejection Distributes forces to the strongest parts of the skeleton Spreads crash forces over a broad area of the body-no Laying Down Allows the occupant to take advantage of the ride down benefit Provides protection for the occupants head, neck, and spinal column 20 Section # 4 Airbags 21 7

8 Crash Sensor Knee Bolster Passenger s AIR BAG Diagnostic Control Unit DCU Warning Light Crash Sensor Driver s AIR BAG Module 22 AIRBAGS NEVER place a REAR FACING child restraint in front of an ACTIVE airbag Airbags are VERY territorial ALL children 12 and under in the back seat Teach parents to identify and RESPECT air bag warnings 24 8

9 Airbag Warnings Always on sun visor Sometimes on airbag cover Sometimes inside door Sometimes on seat belt or vehicle seat Can be almost anywhere 25 Section # 5 Types of Restraints 26 Restraints: 4 Steps 1. Rear-facing Infant-only and convertibles 2. Forward-facing Convertibles and combinations/ffo seats 3. Booster 4. Seat Belt 27 9

10 Infant Seat Rear facing ONLY 28 Infant Only: Basic Use Each seat is different: Birth to 32 pounds, 5-22 pounds. Height max is also different. Harness at or BELOW babies shoulders NEVER in front of an ACTIVE airbag Carry handle in the secured position for travel in the vehicle per manufacturers instructions Follow all manufacturers instructions 29 Common Roadside Misuse Not buckling in the child safety seat in the vehicle Rear facing seat used forward facing Loose harness straps Aftermarket product use Harness retainer clip not at armpit level Handle up 30 10

11 31 3 months and 13 lbs Rear Facing: Convertible seats Tray Shield All-in-1, 3-in-1 5 Point Harness 32 Rear Facing Convertible: Basic Use Use rear facing as long as seat allows Use in reclined position Harness straps at or below shoulder level Never in front of an active airbag Follow all manufacturers instructions 33 11

12 Common Roadside Misuse Loose harness straps Aftermarket product use Harness retainer clip not at armpit level Forward facing too soon Follow manufacturers instructions 34 9 months and 24 lbs 35 Forward Facing Restraints Convertible Combination All-in-1, 3-in

13 Forward Facing Child Restraints: Basic Use Includes both convertible and combination restraints For children at least 20 lbs AND 1 year of age Use up to 40lbs generally. Some seats go up to 50, 65 or even 80 pounds.) Generally use in upright position Harness straps at or above shoulder level in a reinforced slot Follow manufacturers instructions 37 Common Roadside Misuse Loose harness straps Harness retainer clip not at armpit level Children forward facing too soon Using internal harness AND seat belts of the vehicle in front of the child. Seat belt goes through the belt path in the back of the seat. Harness straps not in the proper slot (Must be in reinforced slots at or above the shoulders) Follow manufacturers instructions years and 30lbs 13

14 Booster Seats High Back Backless 40 Booster Seats: Basic Use Boost children up so ADULT-sized lap & shoulder belt fit properly Belt-positioning booster for kids 30 lbs. to 80 or even 120 lbs. FF harness seat best choice lbs Must use with lap and shoulder combinations. (NEVER use with a lap belt only!) Follow manufacturers instructions 41 Securing Child In BPB Before & After Check up Event 42 14

15 Use of Vehicle Seat Belts Best fit is best indicator Lap & shoulder belt = best protection Poor fit = serious injuries Use if child can remain in position" with correct fit Securing Children in Vehicle Seat Belts The goal is to get ALL occupants to have upper body protection as follows: Shoulder belt across mid-chest Lap belt low and tight on upper thighs Sit with back against seat, knees bend at edge of seat with hips back Lap belt only: No upper body protection Poor fit on child may cause internal injuries Common Roadside Misuse Graduated too early to a seat belt only NHTSA recommends a minimum of 8 years of age and 80 pounds in a child restraint. Belt position booster used with a lap belt only Seeing alot because of the law change! Restaurant style boosters being used Lap only belts used by any child Use of a seat belt adjuster Follow manufacturers instructions 45 15

16 Is Your Child Big Enough To Use a Safety Belt? Safety Belt Safe U.S.A. Five-Step Test 1. Does the child sit all the way back against the auto seat? 2. Do the child s knees bend comfortably at the edge of the auto seat? 3. Is the lap belt on the tops of the thighs? 4. Is the shoulder belt centered on the shoulder and chest? 5. Can the child stay seated like this for the whole trip? 46 There are NO Federal Motor Vehicle Safety Standards for After Market Products years and 47 lbs 16

17 Section # 6 Installing a seat 49 Parts of a Seat Belt Webbing Anchor Points Latch Plate Buckle Retractor 50 Pre-crash locking Something needs to lock the seat into place before the crash. Could be a retractor Could be a latch plate Could be a LATCH system May need other hardware (locking clip, belt shortening) Read the vehicle manual 51 17

18 Lower Anchors and Tethers for Children Lower and upper anchors must be used LATCH used instead of seat belt (not BOTH) Use owner s manual of vehicle to determine of LA and Top Tether attachments exist 52 Flexible 2-point Lower Attachment With Top Tether New Law for Child Seats The new guidelines address the change of the maximum rated weight to 65 lbs, this being the combined weight of the child and the car seat. To make sure your child is still safe using LATCH; simply weigh your child and your seat. If combined, they weigh over 65 pounds, it is time to use the seat belt. This applies to seats made after Feb 28 th, The old guideline was 40 lbs just for the child. 53 Section # 7 Resources 54 18

19 Resources Safe Riders Traffic Safety Program, sponsored by the Texas Department of State Health Services Resources 56 Resources

20 Resources 58 Resources Resources 20

21 Resources at Caregiver s Fingertips for Installation 61 Hands on Exercise # 2 How to respond to Common Questions Parents Ask 62 Common Questions My car seat moves around in the car. When can my child just sit on a vehicle seat? What is wrong with placing my child restraint in front of an airbag? 63 21

22 Section # 8 Misuse 64 Misuse Puts the child at greater risk for death/injuries. Not buckling child in the safety seat Not buckling seat in vehicle Placing rear-facing seat in front of an active air bag Infant in a forward-facing seat YOU CAN EDUCATE ABOUT 65 MISUSE! What s Wrong With This Picture? 22

23 What s Wrong With This Picture? Other Misuse Wrong restraint for child Loose harness and/or safety belt Straps in wrong slots Seat installed on side facing seat (jump seats) of a extended cab pickup 68 What s Wrong With This Picture? 23

24 What s Wrong With This Picture? 70 What s Wrong With This Picture? What s Wrong With This Picture? Harness straps loose and off shoulder Harness retainer clip out of position Loose seat belt 24

25 What s Wrong With This Picture? Big snow suit not allowing harness to fit properly Harness straps loose and twisted Harness retainer clip improperly threaded and low on child What s Wrong With This Picture? Lap/shoulder belt not correctly placed on child Shoulder belt cuts under arm and up behind head Child should be in high back BPB What s Wrong With This Picture? Harness straps placed under child s arms Harness retainer clip low Child in background should be in booster, too small for safety belt 25

26 What s Wrong With This Picture? Rear facing seat forward facing CRS too small for child What is the BEST Child Safety Seat?!? Fits the CHILD properly Fits the CAR properly Will be used correctly EVERY TIME 77 Section # 9 Closing Remarks 78 26

27 Abraham Lincoln Next to creating a life, the greatest thing one can do is save a life 79 27

28 Sec CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec (1), eff. September 28, (c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose. (d) Repealed by Acts 2003, 78th Leg., ch. 204, Sec (e) This section does not apply to a person: (1) operating a vehicle transporting passengers for hire, excluding third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation; or (2) transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied. (f) In this section: (1) "Child passenger safety seat system" means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration. (2) "Passenger vehicle" means a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor.

29 (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. (4) "Secured," in connection with use of a safety belt, means using the lap belt and any shoulder straps according to the instructions of: (A) the manufacturer of the vehicle, if the safety belt is original equipment; or (B) the manufacturer of the safety belt, if the safety belt has been added to the vehicle. (g) A judge, acting under Article , Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes: (1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and (2) the requirements of this section and the penalty for noncompliance. (h) Notwithstanding Section (a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers.

30 Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, Amended by Acts 1997, 75th Leg., ch. 165, Sec (a), eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 618, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 910, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1042, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 204, Sec. 8.01, eff. Sept. 1, Amended by: Acts 2005, 79th Leg., Ch. 913 (H.B. 183), Sec. 1, eff. September 1, Acts 2005, 79th Leg., Ch. 913 (H.B. 183), Sec. 2, eff. September 1, Acts 2009, 81st Leg., R.S., Ch. 255 (S.B. 61), Sec. 1, eff. September 1, Acts 2009, 81st Leg., R.S., Ch (H.B. 537), Sec. 1, eff. September 1, Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec (1), eff. September 28, Acts 2013, 83rd Leg., R.S., Ch (H.B. 1294), Sec. 1, eff. September 1, Sec DISMISSAL; OBTAINING CHILD PASSENGER SAFETY SEAT SYSTEM. (a) This section applies to an offense committed under Section (b) It is a defense to prosecution of an offense to which this section applies that the defendant provides to the court evidence satisfactory to the court that: (1) at the time of the offense: (A) the defendant was not arrested or issued a citation for violation of any other offense; (B) the defendant did not possess a child passenger safety seat system in the vehicle; and (C) the vehicle the defendant was operating was not involved in an accident; and

31 (2) subsequent to the time of the offense, the defendant obtained an appropriate child passenger safety seat system for each child required to be secured in a child passenger safety seat system under Section (a). Added by Acts 2005, 79th Leg., Ch. 913 (H.B. 183), Sec. 3, eff. September 1, Amended by: Acts 2013, 83rd Leg., R.S., Ch (H.B. 1294), Sec. 2, eff. September 1, Acts 2013, 83rd Leg., R.S., Ch (H.B. 1294), Sec. 3, eff. September 1, Sec SAFETY BELTS; OFFENSE. (a) A person commits an offense if: (1) the person: (A) is at least 15 years of age; (B) is riding in a passenger vehicle while the vehicle is being operated; (C) is occupying a seat that is equipped with a safety belt; and (D) is not secured by a safety belt; or (2) as the operator of a school bus equipped with a safety belt for the operator's seat, the person is not secured by the safety belt. (b) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and (2) allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section (a) to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt. (b-1) A person commits an offense if the person allows a child who is younger than 17 years of age and who is not

32 required to be secured in a child passenger safety seat system under Section (a) to ride in a passenger van designed to transport 15 or fewer passengers, including the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt. (c) A passenger vehicle or a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required under Section to be equipped with safety belts. (d) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200. (e) It is a defense to prosecution under this section that: (1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; (2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; (3) the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle or that requires frequent entry into and exit from a vehicle; (4) the person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle; (5) the person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty for that company requiring the operator to frequently enter into and exit from a vehicle; (6) the person is operating a commercial vehicle registered as a farm vehicle under the provisions of Section

33 that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more; or (7) the person is the operator of or a passenger in a vehicle used exclusively to transport solid waste and performing duties that require frequent entry into and exit from the vehicle. (f) The department shall develop and implement an educational program to encourage the wearing of safety belts and to emphasize: (1) the effectiveness of safety belts and other restraint devices in reducing the risk of harm to passengers in motor vehicles; and (2) the requirements of this section and the penalty for noncompliance. (g) Repealed by Acts 2003, 78th Leg., ch. 204, Sec (h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section (i) A judge, acting under Article , Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of Subsection (b) on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes: (1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and (2) the requirements of this section and the penalty for noncompliance.

34 (j) Notwithstanding Section (a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of Subsection (b) of this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, Amended by Acts 1997, 75th Leg., ch. 165, Sec (a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 316, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 515, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 618, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 910, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1042, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 204, Sec. 8.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 431, Sec. 1, eff. Sept. 1, Amended by: Acts 2005, 79th Leg., Ch. 913 (H.B. 183), Sec. 4, eff. September 1, Acts 2007, 80th Leg., R.S., Ch. 923 (H.B. 3190), Sec. 4, eff. September 1, Acts 2009, 81st Leg., R.S., Ch. 974 (H.B. 3638), Sec. 1, eff. September 1, Acts 2009, 81st Leg., R.S., Ch (H.B. 537), Sec. 2, eff. September 1, Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec , eff. September 1, 2013.