# Car Seat Laws--SD and NE, specifically



## OldFashionedGirl (Mar 22, 2004)

Back story: the other day, my future DH, my 7 mo. old (20 lb) son, and I were going to the park. My DH was going to strap DS into FFILs car's built-in, forward-facing carseat. I, of course, flipped, and told him that under no circumstances were we going anywhere like that. I went on to say that legally, any child who was not at least 1 year old AND 20 lbs. HAD to be in a rear-facing seat.

Tonight, I was going to look up the law to show him (b/c he has a tendency to think I make this stuff up). All I can find (legal-wise), though, only says that DS has to be in a car seat, nothing about rear-facing/forward-facing.

We live on the NE/SD border, so I'd like to have both states' laws. Of course it's safer to have them rear-facing, but I really thought it was the LAW to have them rear-facing. Did I dream this? Can someone point me where I need to go?


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## Papooses (Dec 20, 2006)

Unfortunately too few states have RF laws







Legislators are too far behind: just because it's legal doesn't mean it's safe ... the laws of PHYSICS don't care what state you live in!

Feel free to share the "Newborn -- Preschool" + RF album pages from my website with them, though (link in signature)


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## alegna (Jan 14, 2003)

It's not the law in most places sadly. However it will be against the rules for that specific seat.

-Angela


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## Papooses (Dec 20, 2006)

Exactly -- the vehicle manual will say that children must be 12 months AND (not or) 20# to use it.... However, I'm not sure if either of those states have a Proper Use clause: I doubt it.


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## gen_here (Dec 31, 2005)

I currently live in SD - was here for both pregnancies/births and myyoungest is almost 10 months. I'm not sure onlaws, but everything I've heard officially (hospital, WIC... even the instruction booklet that came with the car seats) says rearfacing until AT LEAST 20 pounds AND 1 year old.

Try these links - and you can always call a police station for the laws:
car seats: rear-face until at least one year
From the AAP (check the section on rear-facing seats)
Oops... I found laws. Neither state has a legal stance on rear-facing age or weight


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## angie3096 (Apr 4, 2007)

I don't know anything about laws for different states, but like another poster said, it's the laws of physics that are the most important. Here are some links to help you educate your soon to be DH; the laws don't really matter. He should be more concerned about your son's safety than what is legal.
Here is a nice overview on rearfacing. It contains links for crash test footage, and be sure to check out the photo album link all the way at the bottom.
http://www.cpsafety.com/articles/StayRearFacing.aspx

This site talks about spinal development
http://www.windsorpeak.com/dc/dcboar..._id=44503&page

A few good youtube videos on rearfacing; each contain crash test footage:













Moving on to kids over 35 pounds who can't rearface anymore, here is the difference between a child in a booster seat and a child in a 5 point harnessed seat.
Booster first:
http://www.oeamtc.at/netautor/html_s...xicosirodi.mpg
And now harness:
http://www.oeamtc.at/netautor/html_s...cosipriori.mpg

Just for kicks, here is an older child in an adult seat belt:


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## angie3096 (Apr 4, 2007)

Found these:
http://www.state.sd.us/dps/hs/newlaw.htm
http://www.dmv.state.ne.us/highwaysa...l#Nebraska_Law
They don't mention rearfacing but I would think using an "approved" seat means using it correctly, according to the manufacturer's directions.
The NE law specifically says that children must ride "correctly secured". There's your proper use clause!


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## OldFashionedGirl (Mar 22, 2004)

Thank you! That You Tube link was the next thing I was looking for. I'll gloss over the fact that I made up a law







, and stress the fact that we're talking about what is best for our child's safety.

Thanks again, everyone! I knew I could count on you!


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## LilyGrace (Jun 10, 2007)

Quote:


Originally Posted by *OldFashionedGirl* 
Thank you! That You Tube link was the next thing I was looking for. I'll gloss over the fact that I made up a law







, and stress the fact that we're talking about what is best for our child's safety.

Thanks again, everyone! I knew I could count on you!

Just say you were acting on federal recommendations.


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## OldFashionedGirl (Mar 22, 2004)

LilyGrace, I like the way you think









I also got to thinking; I need to write some letters to my state leaders.


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## LilyGrace (Jun 10, 2007)

Quote:


Originally Posted by *OldFashionedGirl* 
I also got to thinking; I need to write some letters to my state leaders.

Same here. When I saw your post I started drafting a letter. I'm just not sure who to send it to. I don't like that NE doesn't have a law that protects our kids.

eta: NM. I found the state legislature page and am emailing each of the senators in turn.


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## OldFashionedGirl (Mar 22, 2004)

Quote:


Originally Posted by *LilyGrace* 
Same here. When I saw your post I started drafting a letter. I'm just not sure who to send it to. I don't like that NE doesn't have a law that protects our kids.


Here's a list of our senators:
http://www.unicam.state.ne.us/web/public/senators/bios

Dave Heineman's address:
Office of the Governor Post Office Box 94848
Lincoln, NE 68509-4848

Chuck Hagel:
248 Russell Senate Office Building
Washington, DC 20510

Ben Nelson:
720 Hart Senate Office Building
Washington, DC 20510

And if you go here:
http://www.vote-smart.org/search_zip...zip=68736-0122
on the left side, you can type in your zip and get all your reps.

Hth!


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## LilyGrace (Jun 10, 2007)

So, my mass form letter









Dear sir,

While looking at current safety seat laws, I realized my own state did not adaquately protect children. Current law is as stated:

*(1) Any person in Nebraska who drives any motor vehicle which has or is required to have an occupant protection system shall ensure that:

(a) All children up to six years of age being transported by such vehicle use a child passenger restraint system of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration, as such standard existed on January 1, 2007, and which is correctly installed in such vehicle; and

(b) All children six years of age and less than eighteen years of age being transported by such vehicle use an occupant protection system.*
http://uniweb.legislature.ne.gov/Leg...ge=s6006267000

This is simply not enough to be effective safety for our children. Federal recommendations are that infants stay rearfacing until at least a year and 20lbs, the AAP recommends that infants stay rear facing for at least as long, preferably until the seat is outgrown, which can be up to 35lbs, depending on the seat.

There's a reason for these recommendations, Mr. _____. An infant simply does not have the body mass or the muscle and spinal strength necessary to sustain the force a forward facing seat would incur in a crash. An infant's head is roughly 25% of their body weight. In a crash, it has the same effect as a tennis ball on a string - the head slings forward, taking the spine with it, which can cause fatal injuries to the child.
I know you don't have much time for videos, sir, but this one is quite interesting and demonstrates the effects of a forward facing crash : 




Don't we owe it to our children to have laws that protect them? At least, sir, to the minimum federal recommendations? Our children don't have a voice; we have to be that for them. A law that is so vague that it does not offer any guidelines is a pointless law. It does not keep our children safe - or yours, or the children in the car next to you.

Once a child is past the infant stage, our vigilance cannot stop. We still need laws to protect them. A child is not big enough to sit in a booster until they are at least 5 years old and 40lbs. They still need a 5pt harness. Safety tests have shown that a small child does not fair well in a crash when harnessed in just a booster. Watch, sir, and imagine a 3 ft tall child in this seatbelt with a booster: http://www.oeamtc.at/netautor/html_s...xicosirodi.mpg

I do understand that you cannot create a law with the strictest measures, but sir, what about a law that is on par with federal recommendations; rear facing until at least 20lbs AND 1 year, harnessed until 4 years old and/or 40lbs, boosters until at least age 6 (preferably age 8)? I think it is time to revise the current statutes to reflect this state's care and concern for the next generation.

Thank you for your time,


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## OldFashionedGirl (Mar 22, 2004)

Good letter--may I borrow from it?

Quote:


Originally Posted by *LilyGrace* 
So, my mass form letter









Dear sir,

While looking at current safety seat laws, I realized my own state did not adaquately protect children. Current law is as stated:

*(1) Any person in Nebraska who drives any motor vehicle which has or is required to have an occupant protection system shall ensure that:

(a) All children up to six years of age being transported by such vehicle use a child passenger restraint system of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration, as such standard existed on January 1, 2007, and which is correctly installed in such vehicle; and

(b) All children six years of age and less than eighteen years of age being transported by such vehicle use an occupant protection system.*
http://uniweb.legislature.ne.gov/Leg...ge=s6006267000

This is simply not enough to be effective safety for our children. Federal recommendations are that infants stay rearfacing until at least a year and 20lbs, the AAP recommends that infants stay rear facing for at least as long, preferably until the seat is outgrown, which can be up to 35lbs, depending on the seat.

There's a reason for these recommendations, Mr. _____. An infant simply does not have the body mass or the muscle and spinal strength necessary to sustain the force a forward facing seat would incur in a crash. An infant's head is roughly 25% of their body weight. In a crash, it has the same effect as a tennis ball on a string - the head slings forward, taking the spine with it, which can cause fatal injuries to the child.
I know you don't have much time for videos, sir, but this one is quite interesting and demonstrates the effects of a forward facing crash : 




Don't we owe it to our children to have laws that protect them? At least, sir, to the minimum federal recommendations? Our children don't have a voice; we have to be that for them. A law that is so vague that it does not offer any guidelines is a pointless law. It does not keep our children safe - or yours, or the children in the car next to you.

Once a child is past the infant stage, our vigilance cannot stop. We still need laws to protect them. A child is not big enough to sit in a booster until they are at least 5 years old and 40lbs. They still need a 5pt harness. Safety tests have shown that a small child does not fair well in a crash when harnessed in just a booster. Watch, sir, and imagine a 3 ft tall child in this seatbelt with a booster: http://www.oeamtc.at/netautor/html_s...xicosirodi.mpg

I do understand that you cannot create a law with the strictest measures, but sir, what about a law that is on par with federal recommendations; rear facing until at least 20lbs AND 1 year, harnessed until 4 years old and/or 40lbs, boosters until at least age 6 (preferably age 8)? I think it is time to revise the current statutes to reflect this state's care and concern for the next generation.

Thank you for your time,


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## LilyGrace (Jun 10, 2007)

Quote:


Originally Posted by *OldFashionedGirl* 
Good letter--may I borrow from it?

Sure!








I ranted and raved yesterday afternoon until my ex got tired of me explaining and re-explaining.
At least he gets it. He and his (now-ex)gf looked at me like I was nuts when I told them the 8yo still needed a booster - and even more when I wanted them to check the booster he had for the expiration date.
Slowly, slowly he's coming around!


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