HB 368 — Revise Child Passenger Restraint Systems Law.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 368 Committee Substitute Favorable 4/9/25 Short Title:

ReviseClarify ChildLaw PassengerRegarding RestraintCar SystemSeats. Law.

Representatives Loftis, Penny, Ross, and Scott (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Transportation, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House March 12, 2025 A BILL TO BE ENTITLED AN ACT REVISINGTO THECLARIFY LAW REGARDING THE MANDATORY USE OF CHILD PASSENGER RESTRAINT SYSTEMS.

(a1) A child less than eight years of age and less than 80 pounds in weight 57 inches in height shall be properly secured in a weight-appropriate heightheight- and weightweight-appropriate appropriate child passenger restraint system.

If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.system as follows:

(1) BeginningasBeginning anewborn,achildshallbeproperlysecuredinarearfacingchildas a newborn, a child shall be properly secured in a rear-facing child passenger restraint system with transition to a forward-facing system according to the manufacturer's instructions related to the child's height and weight requirements for use of the system as indicated by the federally required label on the car seat which states those requirements.

(2) The child shall be properly secured in a child passenger restraint system in a rear seat ofunless aat vehicleleast and may only be positioned in the front seat of a vehicle if one of the following exceptions applies:

However, under no circumstances shall a child be placed in the front seat of a vehicle that has an active front airbag using a rear-facing child passenger restraint system.

When height and weight requirements for use of a child passenger restraint system require the seat to be rear-facing, the seat must be secured in a vehicle with a rear seat.

The child passenger restraint system is designed for use with front air bagsbags. when used according to the manufacturer's instructions as indicated by the federally required label on the car seat.

*H368-v-2*(3) GeneralNotwithstanding Assemblythe Ofother Northsubdivisions Carolinaof Sessionthis 2025subsection, (a2)under Ano drivercircumstances mayshall satisfya thechild requirementsbe ofplaced thisin sectiona byrear-facing properlychild securingpassenger restraint system in a childfront passenger withseat athat seathas beltan asactive follows:front air bag.

(1)(a2) Notwithstanding subsection (a1) of this section, ifa nodriver seatingmaysatisfythe positionrequirements equippedof withthis asection lapby and shoulder belt to properly securesecuring thea weight-appropriate child passenger restraintwith system is available, a childseat less than eight years of age and between at least 40 and 80 pounds may be restrained by a properly fitted lap belt only.as follows:

(2)*H368-v-1* AGeneral childAssembly whoOf isNorth atCarolina leastSession 2025 (1) A child less than eight years of ageage, orbetween 40 and 80 pounds, and less than 57 inches in height maymaybe be restrained bybya aproperlyfitted properlylap securedbelt, if noseating position equipped with a lap and shoulder belt.belt to properly secure the weight-appropriate child passenger restraint system is available.

For(2) purposesA ofchild thisat subdivision,least aeight lapyears andof shoulderage beltor are57 properlyinches securedin if,height whenmay fastened,be allrestrained ofby thea followingproperly apply:secured lap and shoulder belt.

For purposes of this subdivision, a lapand shoulderbelt are properlysecuredifwhen fastenedall ofthefollowing apply:

The shoulder belt crosses the child's bodydiagonallyat approximately the mid-pointmidpoint of the child's shoulder and the center of the child's chest.

The child iscan able to sit with thethechild's child's back straight against the vehicle's seat back cushion and with the child's knees bent over the vehicle's seat edge without slouching.

Page 2 House Bill 368-Second368-First Edition