Is a booster seat with a back attached legally considered a car seat?

Question

the car seat Im attempting to use is an evenflo booster with an attached but removable back. its for children 30-100 lbs. My daughter is 2 1/2 yrs old and weighing 31 lbs. Some one told me the that the seat I've chosen isn't legally considered a car seat. my state law (washington) says toddlers must be in a "carseat" until they weigh 40 lbs....... Is this not a car seat???????????????????????? Please someone that is a legal authority please help end this argument!!!!

Answer 1

No - a car seat is installed into the vehicle, and has a harness to keep the child in. A booster seat is not a car seat, it offers little protection and only serves to raise the child up higher so the belt fits better. Also, here is the American Heritage Dictionary definition of a car seat: "A small removable seat that is equipped with a restraining device or harness and can be fastened to the seat of a vehicle for securing young children." A booster seat does not have a restraining device or harness, it requires your vehicle's seatbelt for restraint.  Most states do not say you must use a 'car seat' for kids under 4, they refer to it as a restraining device. A booster doesn't fit that criteria - it is not a restraining device, merely a 'booster' up to the seatbelt.

That said - I'm very glad you posted your question, b/c no matter what the law says, they usually only outline the barest minimums in safety and a 2.5 year old is nowhere near ready to be in a booster seat. The bare minimum for safe booster use is 40lbs AND 4 years old, and she doesn't meet either of those requirements. Also, experts recommend waiting to use a booster until the child is at least 5 years old, and preferably, keeping the child in a 5 point harness for as long as possible. Here in the US we see each move 'up' in car seats as a graduation of sorts, and we anticipate with happiness. In reality, we at to look at it as a bad thing, b/c with every move up in car seats, you make a major move down in the protection the child receives.  

So, legally, she needs to be in a 5 point harness seat still. Here's some seats that you would get the most out of your money, if you no longer have a seat with a 5 point harness or see the links below and intend to safely keep her harnessed as long as possible.

Britax Regent - this will keep her harnessed the longest, as it has the tallest top harness slots and it holds up to 80lbs. Yes, it is pricey, at $269. But its also the comfiest seat in the higher weight harness (HWH) category and of course, comes with the prerequisite Britax quality. Do price comparisons online, you can sometimes get it a little cheaper and most sites have free shipping with $100 purchase. Sign up with ebates.com for free, and get 4% cash back at babyage.com

Graco Nautilus - this one came out a few months ago and is a totally awesome seat. Harnesses to 65lbs, then becomes a high back booster, then a low back booster. You definitely get your money's worth out of this one, at only $150, it will likely be the last seat you have to buy, and keep her harnessed to age 5-7 years old. Its incredibly easy to use, and it looks like a big kid seat, which pleases kids. Has a cupholder and little toy cubby, too.

Cosco Apex65/Signature Biltmore - same seat, just different names. Harnesses to 65lbs, then becomes a high back booster. This seat is at the bottom of the list for several reasons. That's where it deserves to be, mostly. #1 - the headrests in your car must go at least as high as the middle of the fully extended Apex65 headrest. This is b/c the seat back of the Apex65 has no support, so it needs the support of your vehicle's seat back. #2 - the buckle is a pointy star shape that can pinch and poke a child's legs. #3 -the crotch strap on some of them is too short and you must order a longer one from Dorel, the parent company. #4 - its just a flimsy seat, and generally costs $99-130, so for $20, the Nautilus is a much better buy, and has higher harness slots so will last longer.

If you're not convinced she needs to be harnessed, check out these crash test videos and other links:

Compare the following crash tests for your self and see the major difference a harness makes.

Forward facing harness vs. booster: http://www.oeamtc.at/netautor/html_seite...

A lateral test (the third view in) of a harnessed seat: http://www.oeamtc.at/videobox/index.php?...

A deep winged high back booster like a Parkway: http://www.oeamtc.at/netautor/html_seite...

A shallow winged high back booster like the Turbobooster: http://www.oeamtc.at/netautor/html_seite...

And a no back booster: http://www.oeamtc.at/netautor/html_seite...

Crash test video showing a 5-point harnessed seat next to a belt positioning booster

http://nz.youtube.com/watch?v=NxfIuhL3cX...

VIEDOES OF KIDS WHOSE PARENTS DESPERATELY WISH THEY'D KEPT THEM HARNESSED:

http://www.youtube.com/watch?v=azgBhZfcq...

http://www.youtube.com/watch?v=V2kO8AxKb...

http://www.youtube.com/watch?v=KPBSEQ4xb...

We also now know the spine is not solid until age 6.

So to sit in a booster and use just the seatbelt like an adult (basically a booster just fits the belt to the child,so it's essentially the same), they need to be able to not have the lapbelt cause those injuries, have the head proportionate like an adult, and have a solid spine like an adult. kids under age 5 have higher rates of head injury if they are riding in boosters than kids over age 5 (presumably because younger kids have heavier/larger heads in proportion to their bodies, so they fly forward farther or with greater force, thus incurring greater injury if/when they come in contact with vehicle interior or intrusion?).

"Another type of misuse is a child not using the restraint designed for its size and age. The

study of Isaksson-Hellman et al. (1997) showed

that the maximum effect of a restraint system is

not attained if the child is not using the optimal

CRS for its age. Also, a tendency of higher

injury risk was identified when the growing

child switches from one restraint to another, i.e.

when the child is at the youngest age

recommended for the restraint. " -SAFETY FOR THE GROWING CHILD – EXPERIENCES FROM SWEDISH ACCIDENT DATA

Lotta Jakobsson

Irene Isaksson-Hellman

Björn Lundell

Volvo Car Corporation

Sweden

P.S. Many states also have in their laws, a statement worded that the child is in an age appropriate restraint. A booster seat is not an age appropriate restraint for a 2 year old, so there's a problem there, as well. Notice that most the harnessed seats at Walmart only go to 40lbs, that's where the law came from. Most convertible seats go to 40lbs, so they figure you can at least keep the child harnessed until then. Booster seats however, go to at least 80lbs (some to 100lbs).

Answer 2

Is it designed to be strapped into a car? If so, it is legal....if not....don't try and pass it off as a car seat. I would suggest if you have any doubts....buy a new seat that is a legal and safe seat for your child. You can't put a price on their safety.

Answer 3

Just go to these sites and check if it is legal............

http://www.carseatdata.org/

http://www.childseatcenter.com/article10...

Answer 4

that can be used for a car seat, but for children who are older. she needs to be in a reg car seat. preferably one that is a five point harness. Call your local fire dept or police station. many of them offer to look at the car seat. they have car safety checks. they can give you advice and make sure the car seat is put in correctly. did you know that 95% of car seats are not put in correctly?

Answer 5

I believe the carseat you are referring to is a belt positioning booster that is used with a vehicle seatbelt.  At 2 1/2 your child still needs to be in a 5 point harness for at least 2 more years.  

I am also in WA and we have a proper use clause in the laws.  Most boosters say "approximately 3-4" years for age, so you would be violating that law by putting your daughter in a booster.

Regardless of the law, it is not safe for your child to be in a booster.  Most children are simply not mature enough to sit correctly in a booster seat each and every time.

You need a 5 point harness that fits your daughter correctly (your child must be within the weight limit and the harness must come from above her shoulders).