(a) A parent, legal guardian, or driver shall not transport on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, a child or ward who is eight years of age or older, but less than 16 years of age, without properly securing that child or ward in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards or unless the child or ward is properly restrained by a safety belt. (b) Subdivision (a) does not apply to a driver if the parent or legal guardian of the child is also present in the motor vehicle and is not the driver. (c) For purposes of this section, âproperly restrained by a safety beltâ means the child or ward meets all of the following requirements of the 5-Step test: (1) The child or ward is sitting all the way back against the auto seat. (2) The knees of the child or ward bend over the edge of the auto seat. (3) The shoulder belt snugly crosses the center of the childâs chest and shoulder, not the childâs neck. (4) The lap belt is as low as possible and is touching the child or wardâs thighs. (5) The child or ward can stay seated like this for the whole trip. (d) This section shall become operative on January 1, 2027.
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