12 Apr Child Restraint Laws in Oklahoma
Child restraint laws in Oklahoma are designed to ensure the safety of young passengers when traveling by car. With motor vehicle accidents being a leading cause of injury and death for children, it is important to understand and follow the guidelines set forth by the state. In this blog, we will explore the child restraint laws in Oklahoma, the penalties for noncompliance, and guidelines for choosing the right child restraint for your vehicle. Whether you are a new parent, a caregiver, or simply want to ensure the safety of the children in your life, this information is essential for every driver in Oklahoma.
Oklahoma State Statute
In Oklahoma, the state statute requires that all children under the age of eight, or who are less than 4 feet 9 inches tall, be properly secured in a child passenger restraint system or booster seat when riding in a motor vehicle. The law also requires that children under the age of two be secured in a rear-facing car seat unless they weigh 40 pounds or more or are 40 inches or taller. Failure to comply with these requirements can result in fines and court costs and can also put the safety of young passengers at risk. It is important to understand and follow these laws to ensure the safety of children in Oklahoma.
“A. Every driver, when transporting a child under eight (8) years of age in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of said child by properly using a child passenger restraint system as follows:
- A child under four (4) years of age shall be properly secured in a child passenger restraint system. Except as provided in subsection G of this section, the child passenger restraint system shall be rear-facing until the child reaches two (2) years of age or until the child reaches the weight or height limit of the rear facing child passenger restraint system as allowed by the manufacturer of the child passenger restraint system, whichever occurs first; and
- A child at least four (4) years of age but younger than eight (8) years of age, if not taller than 4 feet 9 inches in height, shall be properly secured in either a child passenger restraint system or child booster seat.” (47 O.S. § 11-1112 (OSCN 2023).
In Oklahoma, the types of car seats and boosters required for different age groups are as follows:
- Infants and Toddlers (under 2 years old): All infants and toddlers must be secured in a rear facing car seat. It is recommended that infants remain rear facing until they reach the maximum height or weight allowed by the car seat’s manufacturer.
- Toddlers and Preschoolers (2-4 years old): Toddlers and preschoolers must be secured in a forward-facing car seat with a harness. The seat should be used until the child outgrows the height or weight limits specified by the manufacturer.
- School-aged Children (5-8 years old): School-aged children must be secured in a booster seat. The booster seat should be used until the child can safely use a seat belt alone, which is usually when they are at least 4 feet 9 inches tall.
- Children Over 8 Years Old: Children who are over 8 years old, or who are at least 4 feet 9 inches tall, can use a seat belt without a booster seat. However, it is recommended that children remain in a booster seat until they are tall enough for the seat belt to fit properly.
It is important to choose a car seat or booster seat that is appropriate for your child’s age, weight, and height, and to follow the manufacturer’s instructions for installation and use. By properly securing
children in a car seat or booster seat, parents and caregivers can help prevent serious injuries in the event of a motor vehicle accident.
The Consequences of Violating the Child Restraint Law:
Violating the child restraint law in Oklahoma can result in a fine and court costs. The penalty for a first offense is a fine of up to $50, plus court costs. For a second or subsequent offense, the fine can be up to $100, plus court costs. In addition to the financial penalties, violating the child restraint law can also put young passengers at risk of serious injury or death in the event of a motor vehicle accident. It is important for drivers to understand and follow the child restraint laws in Oklahoma to ensure the safety of all passengers, especially young children who are more vulnerable to injuries in a crash.
The penalties listed in the State Statute are as follows:
“D. A violation of the provisions of this section shall be admissible as evidence in any civil action or proceeding for damages unless the plaintiff in such action or proceeding is a child under sixteen (16) years of age.
In any action brought by or on behalf of an infant for personal injuries or wrongful death sustained in a motor vehicle collision, the failure of any person to have the infant properly restrained in accordance with the provisions of this section shall not be used in aggravation or mitigation of damages.
A person who is certified as a Child Passenger Safety Technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems shall not be liable for civil damages resulting from any act or omission in providing such services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
- Any person convicted of violating subsection A of this section shall be punished by a fine of Fifty Dollars ($50.00) and shall pay all court costs thereof. Revenue from such fine shall be apportioned to the Department of Public Safety Restricted Revolving Fund and used by the Oklahoma Highway Safety Office to promote the use of child passenger restraint systems as provided in Section 11-1113 of this title. This fine shall be suspended and the court costs limited to a maximum of Fifteen Dollars ($15.00) in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system. Provided, the Department of Public Safety shall not assess points to the driving record of any person convicted of a violation of this section.” (47 O.S. § 11-1112 (OSCN 2023).
Contact OK Traffic Ticket Defense
If you have been charged with violating a child restraint law in Oklahoma, it may be in your best interest to hire an attorney that can help you understand the charges against you, the potential penalties, and your legal options. Call OK Traffic Ticket Defense today at (918) 947-9225 for a free consultation on your case!