Seatbelts save lives. It is as simple as that. Because of this fact, in 1989, seatbelts became mandatory in all passenger vehicles.[1] It was reported that in 1983, 30,000 vehicle occupants were killed and only 484 of them were wearing a seatbelt.[2] After the legislation passed, fatality rates decreased dramatically and a reported 50 percent in children.[3] Currently, Texas law requires that all children under the age of 17 be in some sort of restraint mechanism ranging from rear-facing car seats to normal seatbelts.
There are ranges based on weight, height and age that determine the type of safety restraint that should be used. Section 545.412(a) of the Texas Transportation Code states that “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.”[4] It is important to note that this rule does not apply to a person that is operating a vehicle transporting passengers for hire.[5]
With more specificity than §545.412, §545.413 of the Texas Transportation Code provides that “A person commits an offense if the person: (1) operates a 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 §545.412(a) to ride in the vehicle without requiring the child to be secured by a safety belt…”[6] This can be interpreted to mean that anyone over the age of 15 and operating a vehicle can be liable for children being securely restrained in a car at all times. If someone were to fasten a child in the car, and you drive off not knowing they were incorrectly fastened, you may be charged with an offense.
It is not just small children that need to be fastened; it is all children under 17. This would also mean that teenage children with driver’s licenses will be liable for their passengers under the age of 17 being fastened at all times.
The law also makes clear that a “motorist’s Fourth Amendment right to be free from unreasonable seizure [is] not violated when [they are] arrested, handcuffed, and taken to jail for failing to wear a seat belt, failing to fasten children in seat belts…”[7] Failure of driver or passenger to wear proper seat belts or use proper child restraints provides the necessary justification needed to effectuate the lawful stop of a vehicle.[8]
Many children have gained the skills and knowledge necessary to release themselves from such restrains. In this scenario, there is still civil liability and possibility of criminal charges or fines. There are products made to fit over the fasteners to prevent the small children from being able to undo them. Either way, you, your teenage drivers, or people you trust with your children are responsible for ensuring that they are correctly and safely fastened in the correct restraint mechanism at all times.
Written by:
Lyndsey Mott
Approved by Francisco Guerra, IV
Watts Guerra, LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Office (210)447-0500
© Watts Guerra LLP 2015
[1] Cerelli EC. The 1983 traffic fatalities early assessment. Washington, D.C.: National Highway Traffic Safety Administration, March 1984 (DOT publication no. HS-806-541).
[2] Id.
[3] Decker MD, Dewey MJ, Hutcheson RH Jr, Schaffner W. The use and efficacy of child restraint devices: the Tennessee experience, 1982 and 1983. JAMA 1984;252:2571-5.
[4] Tex. Transp. Code Ann. § 545.412 (West)
[5] Id.
[6] Tex. Transp. Code Ann. § 545.413 (West)
[7] Id.
[8] Id.
