Safety Laws

Child Restraint Systems and Safety Seats

Unless your child is age 6 or weighs 60 pounds or more, he or she must ride in a federally approved child safety seat. Use a seat approved for the child's age, weight, and height.

Children under age 12 should always ride in the back due to the danger of airbags hitting them too low.

Read our How to Buy a Child Safety Seat and How to Install a Child Safety Seat for more details.

When a Child May Ride in Front

Children under the age of six weighing less than 60 pounds may ride in the front seat of a vehicle, but only when:

• There is no rear seat or the rear seats are either side-facing jump seats or rear-facing seats.

• The child passenger restraint system cannot be installed properly in the rear seat.

• All rear seats are already occupied by children under the age of 12 years.

• A medical reason requires the child to ride in the front seat.

Some vehicles, usually those with no backseats, come with an airbag-off switch for this purpose.

When a Child May Not Ride in Front

However, a child may not ride in the front seat of an airbag-equipped vehicle if the child:

• Is under one year of age.

• Weighs less than 20 pounds.

• Is riding in a rear-facing child passenger restraint system.

Helmet Laws

Children under the age of 18 years of age must wear a helmet whenever they do anything on wheels. This includes roller or inline skates, nonmotorized scooters, skateboards, as well as bicycles.

Not just any old helmet, either. It must be fastened and securely fitted, and meet The American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) standards. This also applies to children in a restraining seat that is attached to a bicycle or in a trailer towed by a bicycle. If your child doesn't wear a helmet, you can be fined up to $25. The state provides a helmet fit tip sheet.

Motorcycle drivers and passengers of any age must wear an approved safety helmet when riding on a motorcycle, motor-driven cycle, motorized bicycle, or motorized scooter.

Headlight Laws

Use your headlights as follows to increase the safety of your driving:

• When it is cloudy, raining, snowing, or foggy. If weather conditions require you to use your windshield wipers, you must turn on your headlights.

• On frosty mornings when other drivers' windows may be icy or "fogged."

• When you have trouble seeing other cars, chances are that other drivers are having trouble seeing you, too.

• On narrow country or mountain roads, using your headlights helps other drivers see you and may help you avoid a head-on crash.

• When necessary to get another driver's attention.

Cell Phone Laws

New legislation was enacted on July 1, 2008 that requires drivers to use hands-free equipment while talking on their cellular telephones. If you haven't gotten yours yet, stay in compliance by purchasing the new hands-free kit equipment.

Another law that went into effect the same time states that drivers younger than 18 may not use a wireless telephone or hands-free device while operating a vehicle except in case of emergency.

If you are caught violating this law, you will be charged the following fees plus additional penalty assessments:

• First Offense: $20

• Any Subsequent Conviction: $50

However, the additional penalty assessments can end up tripling the total fee amount. The conviction will appear on your driving record, but points will not be added. Also keep in mind, the law still applies if you are visiting the state of California and get caught talking on your phone while operating a vehicle.

Drivers Younger Than 18

It is no secret that teen drivers are significantly more likely to be involved in car accidents. The statistics do not lie. Teen drivers have less driving experience and are easily distracted by passengers, food, talking or texting on their phones― all of which increase the likelihood of causing a serious crash.

While keeping these facts in mind, the state has modified the laws to make sure all drivers younger than 18 do not use a wireless telephone, pager, laptop or any other electronic mobile device to speak or text while driving; this applies even if they intend on using a hands-free headset. The only exception to this new rule is in emergency situations to call police, fire or medical authorities.

Drivers 18 and Older

Drivers 18 and older may use the speaker phone function on their cellular telephone, and use a Bluetooth or other earpiece, but both ears cannot be covered. Even though the law does not specifically indicate that you cannot text message while driving, you can still be pulled over and cited if the officer feels you were not operating the vehicle safely.

You are still allowed to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency service agencies. Just be sure to exercise care and use your best judgment. The following best practices will help you drive more safely while using your cell phone:

• Always drive to the side of the road to use your cell phone.

• Let it ring. Don't feel compelled to answer.

• Don't use the telephone during hazardous conditions.

• Pay attention to the road.

• Be sensible about dialing.

• Don't engage in distracting conversations. Rush hour traffic is not the time to hash out marital problems.

• Use your phone to call for help.

You can also check out the California state DMV New Cellular Phone Law FAQ page for further clarification.

Reporting Unsafe or Drunk Drivers

If you notice someone driving in an unsafe manner, call 911. Report what you saw. Identify the vehicle color, make, model, and license plate number whenever possible.

Leaving Children or Pets Unattended in a Car

It is illegal to leave a child six years of age or younger unattended in a motor vehicle when:

• There are conditions that present a significant risk to the child's health or safety. Example: Leaving a child in a closed car on a very hot day.

• The vehicle's engine is running, the keys are in the ignition, or both. Children can start or move the car causing injuries and/or deaths to themselves or others. An opportunist may (and many have) seize the moment to jump in and drive your car away, child still strapped in.

Violators may be fined and required to attend a community education program. If the child is injured, requires emergency medical services, or dies, then the penalties become more severe.
Also remember that pets also deserve the same care and should not be left unattended in a vehicle on a hot day.

If you see an endangered child or pet, call 911 and stay by the vehicle.

Smoking in a Vehicle with a Minor

New in 2008, it is an infraction punishable by a fine not exceeding $100 for a person to smoke a pipe, cigar, or cigarette in a vehicle when a minor is present. However, you can't be pulled over just for smoking; there has to be another reason. But it will add money to whatever ticket you get.