RCW 46.61.687
Child restraint system required—Conditions—Exceptions—Penalty for violation—Dismissal—Noncompliance not negligence—Immunity.
(1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle or medium-speed electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:
(a) A child under the age of two years must be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(b) A child who is not properly secured in a rear-facing child restraint system in accordance with (a) of this subsection and who is under the age of four years must be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(c) A child who is not properly secured in a child restraint system in accordance with (a) or (b) of this subsection and who is under four feet nine inches tall must be properly secured in a child booster seat. A child may continue to be properly secured in a child booster seat until the vehicle lap and shoulder seat belts fit properly, typically when the child is between the ages of eight and twelve years of age, as recommended by the American academy of pediatrics, or must be properly secured with the motor vehicle's safety belt properly adjusted and fastened around the child's body.
(d) The child restraint system used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child restraint system manufacturer.
(e) The child booster seat used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child booster seat manufacturer to position a child to sit properly in a federally approved safety seat belt system.
(f) The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.
(2) Enforcement of subsection (1) of this section is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a child restraint system must ensure that the child restraint system is being used in accordance with the instruction of the vehicle and the child restraint system manufacturers.
(3) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
(4) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian. Failure to use a child restraint system shall not be admissible as evidence of negligence in any civil action.
(5) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.
(6) As used in this section:
(a) "Child booster seat" is a type of child restraint system; a backless child restraint system or a belt positioning system is a child booster seat provided it meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(b) "Child restraint system" means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(7) The requirements of subsection (1)(c) of this section do not apply in any seating position where there is only a lap belt available.
(8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child restraint systems.
[ 2019 c 59 § 1; 2007 c 510 § 4. Prior: 2005 c 415 § 1; 2005 c 132 § 1; 2003 c 353 § 5; 2000 c 190 § 2; 1994 c 100 § 1; 1993 c 274 § 1; 1987 c 330 § 745; 1983 c 215 § 2.]
NOTES:
Effective date—2019 c 59: "This act takes effect January 1, 2020." [ 2019 c 59 § 3.]
Effective date—2007 c 510: See note following RCW 46.04.320.
Effective date—2005 c 132 § 1: "Section 1 of this act takes effect June 1, 2007." [ 2005 c 132 § 3.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—2000 c 190: "The legislature recognizes that fewer than five percent of all drivers use child booster seats for children over the age of four years. The legislature also recognizes that seventy-one percent of deaths resulting from car accidents could be eliminated if every child under the age of sixteen used an appropriate child safety seat, booster seat, or seat belt. The legislature further recognizes the National Transportation Safety Board's recommendations that promote the use of booster seats to increase the safety of children under eight years of age. Therefore, it is the legislature's intent to decrease deaths and injuries to children by promoting safety education and injury prevention measures, as well as increasing public awareness on ways to maximize the protection of children in vehicles." [ 2000 c 190 § 1.]
Short title—2000 c 190: "This act may be known and cited as the Anton Skeen Act." [ 2000 c 190 § 5.]
Effective date—2000 c 190: "This act takes effect July 1, 2002." [ 2000 c 190 § 6.]
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.505.
Structure Revised Code of Washington
Chapter 46.61 - Rules of the Road.
46.61.005 - Chapter refers to vehicles upon highways—Exceptions.
46.61.015 - Obedience to police officers, flaggers, or firefighters—Penalty.
46.61.020 - Refusal to give information to or cooperate with officer—Penalty.
46.61.021 - Duty to obey law enforcement officer—Authority of officer.
46.61.022 - Failure to obey officer—Penalty.
46.61.024 - Attempting to elude police vehicle—Defense—License revocation.
46.61.025 - Persons riding animals or driving animal-drawn vehicles.
46.61.030 - Persons working on highway right-of-way—Exceptions.
46.61.035 - Authorized emergency vehicles.
46.61.050 - Obedience to and required traffic control devices.
46.61.055 - Traffic control signal legend.
46.61.060 - Pedestrian control signals—Pedestrians, personal delivery devices.
46.61.070 - Lane-direction-control signals.
46.61.072 - Special traffic control signals—Legend.
46.61.075 - Display of unauthorized signs, signals, or markings.
46.61.080 - Interference with official traffic-control devices or railroad signs or signals.
46.61.100 - Keep right except when passing, etc.
46.61.105 - Passing vehicles proceeding in opposite directions.
46.61.110 - Overtaking on the left—Fine.
46.61.115 - When overtaking on the right is permitted.
46.61.120 - Limitations on overtaking on the left.
46.61.125 - Further limitations on driving to left of center of roadway.
46.61.126 - Pedestrians and bicyclists—Legal duties.
46.61.135 - One-way roadways and rotary traffic islands.
46.61.140 - Driving on roadways laned for traffic.
46.61.145 - Following too closely—Vulnerable users of a public way—Fine.
46.61.150 - Driving on divided highways.
46.61.155 - Restricted access.
46.61.160 - Restrictions on limited access highway—Use by bicyclists.
46.61.165 - High occupancy vehicle lanes—Monetary penalties for traffic infractions—Definition.
46.61.180 - Vehicle approaching intersection—Vulnerable users of a public way—Fine.
46.61.183 - Nonfunctioning signal lights.
46.61.185 - Vehicle turning left—Vulnerable users of a public way—Fine.
46.61.190 - Vehicle entering stop or yield intersection—Vulnerable users of a public way—Fine.
46.61.195 - Arterial highways designated—Stopping on entering.
46.61.200 - Stop intersections other than arterial may be designated.
46.61.202 - Stopping when traffic obstructed.
46.61.210 - Operation of vehicles on approach of emergency vehicles.
46.61.212 - Emergency or work zones—Approaching—Penalty—Violation.
46.61.215 - Highway construction and maintenance.
46.61.230 - Pedestrians subject to traffic regulations.
46.61.240 - Crossing at other than crosswalks.
46.61.245 - Drivers to exercise care.
46.61.250 - Pedestrians on roadways.
46.61.255 - Pedestrians soliciting rides or business.
46.61.260 - Driving through safety zone prohibited.
46.61.261 - Sidewalks, crosswalks—Pedestrians, bicycles, personal delivery devices.
46.61.264 - Pedestrians and personal delivery devices yield to emergency vehicles.
46.61.266 - Pedestrians under the influence of alcohol or drugs.
46.61.269 - Passing beyond bridge or grade crossing barrier prohibited.
46.61.275 - Reporting of certain speed zone violations—Subsequent law enforcement investigation.
46.61.290 - Required position and method of turning at intersections.
46.61.300 - Starting parked vehicle.
46.61.305 - When signals required—Improper use prohibited.
46.61.310 - Signals by hand and arm or signal lamps.
46.61.315 - Method of giving hand and arm signals.
46.61.340 - Approaching railroad grade crossings.
46.61.345 - All vehicles must stop at certain railroad grade crossings.
46.61.350 - Approaching railroad grade crossings—Specific vehicles—Exceptions—Definition.
46.61.355 - Moving heavy equipment at railroad grade crossings—Notice of intended crossing.
46.61.365 - Emerging from alley, driveway, or building.
46.61.371 - School bus stop sign violators—Identification by vehicle owner.
46.61.372 - School bus stop sign violators—Report by bus driver—Law enforcement investigation.
46.61.375 - Overtaking or meeting private carrier bus—Duties of bus driver.
46.61.380 - Rules for design, marking, and mode of operating school buses.
46.61.385 - School patrol—Appointment—Authority—Finance—Insurance.
46.61.400 - Basic rule and maximum limits.
46.61.405 - Decreases by secretary of transportation.
46.61.415 - When local authorities may establish or alter maximum limits.
46.61.419 - Private roads—Speed enforcement.
46.61.425 - Minimum speed regulation—Passing slow moving vehicle.
46.61.427 - Slow-moving vehicle to pull off roadway.
46.61.428 - Slow-moving vehicle driving on shoulders, when.
46.61.445 - Due care required.
46.61.455 - Vehicles with solid or hollow cushion tires.
46.61.460 - Special speed limitation on motor-driven cycle.
46.61.465 - Exceeding speed limit evidence of reckless driving.
46.61.500 - Reckless driving—Penalty.
46.61.502 - Driving under the influence.
46.61.503 - Driver under twenty-one consuming alcohol or cannabis—Penalties.
46.61.504 - Physical control of vehicle while under the influence.
46.61.5054 - Alcohol violators—Additional fee—Distribution.
46.61.5055 - Alcohol and drug violators—Penalty schedule.
46.61.5056 - Alcohol and drug violators—Information school—Evaluation and treatment.
46.61.5058 - Alcohol violators—Vehicle seizure and forfeiture.
46.61.508 - Liability of medical personnel withdrawing blood.
46.61.513 - Criminal history and driving record.
46.61.5151 - Sentences—Intermittent fulfillment—Restrictions.
46.61.5152 - Attendance at program focusing on victims.
46.61.516 - Qualified probation department defined.
46.61.517 - Refusal of tests—Admissibility as evidence.
46.61.519 - Alcoholic beverages—Drinking or open container in vehicle on highway—Exceptions.
46.61.5191 - Local ordinances not prohibited.
46.61.5195 - Disguising alcoholic beverage container.
46.61.520 - Vehicular homicide—Penalty.
46.61.522 - Vehicular assault—Penalty.
46.61.5249 - Negligent driving—First degree.
46.61.525 - Negligent driving—Second degree.
46.61.526 - Negligent driving—Second degree—Vulnerable user victim—Penalties—Definitions.
46.61.527 - Roadway construction zones.
46.61.530 - Racing of vehicles on highways—Reckless driving—Exception.
46.61.535 - Advertising of unlawful speed—Reckless driving.
46.61.540 - "Drugs," what included.
46.61.560 - Stopping, standing, or parking outside business or residence districts.
46.61.575 - Additional parking regulations—Motorcycle parking.
46.61.577 - Regulations governing parking facilities.
46.61.581 - Parking spaces for persons with disabilities—Indication, access—Failure, penalty.
46.61.582 - Free parking for persons with disabilities—Exceptions.
46.61.583 - Special plate or card issued by another jurisdiction.
46.61.585 - Winter recreational parking areas—Special permit required.
46.61.587 - Winter recreational parking areas—Penalty.
46.61.590 - Unattended motor vehicle—Removal from highway.
46.61.600 - Unattended motor vehicle.
46.61.605 - Limitations on backing.
46.61.606 - Driving on sidewalk prohibited—Exception.
46.61.608 - Operating motorcycles on roadways laned for traffic.
46.61.610 - Riding on motorcycles.
46.61.611 - Motorcycles—Maximum height for handlebars.
46.61.612 - Riding on motorcycles—Position of feet.
46.61.613 - Motorcycles—Temporary suspension of restrictions for parades or public demonstrations.
46.61.614 - Riding on motorcycles—Clinging to other vehicles.
46.61.615 - Obstructions to driver's view or driving mechanism.
46.61.620 - Opening and closing vehicle doors.
46.61.625 - Riding in trailers or towed vehicles.
46.61.630 - Coasting prohibited.
46.61.635 - Following fire apparatus prohibited.
46.61.640 - Crossing fire hose.
46.61.645 - Throwing materials on highway prohibited—Removal.
46.61.655 - Dropping load, other materials—Covering.
46.61.660 - Carrying persons or animals on outside part of vehicle.
46.61.665 - Embracing another while driving.
46.61.670 - Driving with wheels off roadway.
46.61.672 - Using a personal electronic device while driving.
46.61.673 - Dangerously distracted driving.
46.61.675 - Causing or permitting vehicle to be unlawfully operated.
46.61.680 - Lowering passenger vehicle below legal clearance—Penalty.
46.61.685 - Leaving children unattended in standing vehicle with motor running—Penalty.
46.61.6871 - Child passenger safety technician—Immunity.
46.61.688 - Safety belts, use required—Penalties—Exemptions.
46.61.6885 - Child restraints, seat belts—Educational campaign.
46.61.690 - Violations relating to toll facilities—Exception.
46.61.700 - Parent or guardian shall not authorize or permit violation by a child or ward.
46.61.705 - Off-road motorcycles.
46.61.708 - Motorcycles previously converted as snow bikes.
46.61.720 - Mopeds—Safety standards.
46.61.723 - Medium-speed electric vehicles.
46.61.725 - Neighborhood electric vehicles.
46.61.730 - Wheelchair conveyances.
46.61.733 - Personal delivery device.
46.61.735 - Ferry queues—Violations—Exemptions.
46.61.740 - Theft of motor vehicle fuel.
46.61.745 - Possessing or consuming cannabis in vehicle on highway—Penalty, exceptions—Definition.
46.61.750 - Effect of regulations—Penalty.
46.61.755 - Traffic laws apply to persons riding bicycles.
46.61.760 - Riding on bicycles.
46.61.765 - Clinging to vehicles.
46.61.770 - Riding on roadways and bicycle paths.
46.61.775 - Carrying articles.