In March, the Tennessee House of Representatives recalled HB 1468, a measure intended to change the child safety restraint laws in the state. (The Senate has sent their version, SB 1674, along to the Transportation Committee for further study.) As attorneys, we’re very familiar with the laws governing car seats and booster seats, but the average driver might not be. We thought this was the right time to go over the current law regarding seatbelts and restraints, so that you, as parents, can make sure your child is safe and that you’re following the rules when it comes to car seats.

Generally speaking, under the current Tennessee Code:

• Anyone driving a car must wear a seatbelt
• Anyone in the front passenger seat must wear a seatbelt
• Anyone younger than 13 must sit in a rear passenger seat
• Anyone under the age of 16 in the rear or front passenger seats must be restrained in some way

If you have a passenger under the age of 16 in your car, the laws are more complex. This is because while adults will stay roughly the same size (weight notwithstanding), children grow at different rates. Depending on their height, age and weight, they may need different kinds of safety restraints.

It breaks down like this:

• Up to age 1: Newborns, infants, small babies, etc.; if your child is no older than one, he or she must be placed in a rear-facing car seat. The same goes for any child who weighs up to 20lbs. The car seat must be placed in the back of the car.
• Ages 1 through 3: As long as your child is between the ages of one and three, and weighs more than 20lbs, he or she must be seated in a front-facing car seat. The car seat must be placed in the back of the car.
• Ages 4 through 8: If your child is shorter than 4’9”, he or she must use a booster seat in conjunction with a seatbelt system in the back of the car.
• Ages 9 through 12: If your child is 4’9” or taller, but between this age range, he or she must use a seatbelt, and must sit in the back of the car.

The fines have also changed, so if you are ticketed for a seatbelt infraction, your first offense will cost you $25. Subsequent violations will cost you $50.

Some of the controversies regarding the recalled bill have to do with the booster seats, specifically because of the way children grow. For now, however, these are the laws in Tennessee regarding seatbelt and safety restraint use. To ensure your child’s safety, it is important that you follow them.

If you or your child have been injured even though you were restrained properly under the law, you may be able to file a claim for compensation. The Sevierville auto accident attorneys of Delius & McKenzie, PLLC can help. Please contact us or call (865) 428-8780 to find out more about our services. We are proud to protect the rights of our clients in Sevierville, Pigeon Forge, Seymour, and Gatlinburg and throughout Tennessee.