Child restraints

[sayleramy]

My sons father and i have a parenting plan in place. As it states, the child is not to be in a car without a restraint. He uses a boosterseat now. His father has an older car that does not require seat belts. Is it leagal that he may transport our son in this car, since it is not capable of having our son secure? He lives in Idaho, i live in Washington, and the meeting exchange place is in Washington.

 

[not2cleverRed]

Your ex is driving a car that is over than 50 years old?!

http://www.carseatlaws.com/idaho-car-seat-laws
http://www.itd.idaho.gov/ohs/ClickIt/SeatBeltLaw.htm

 

[Zigner]

Your ex is driving a car that is over than 50 years old?!

An early Mustang fits the bill, as does a 50's Chevy. Plenty of those restored vehicles are on the roads

 

[Silverplum]

My sons father and i have a parenting plan in place. As it states, the child is not to be in a car without a restraint. He uses a boosterseat now. His father has an older car that does not require seat belts. Is it leagal that he may transport our son in this car, since it is not capable of having our son secure? He lives in Idaho, i live in Washington, and the meeting exchange place is in Washington.

I suppose the parenting plan is controlling on the issue. Here's WA law:
http://www.800bucklup.org/laws/

Be prepared for Dad to rent a car or call a friend and take the child anyway. Also for Dad to figure something out before he comes again.

Don't play games: if you plan to refuse his court-ordered time, tell him before he arrives at the meeting spot. Before he leaves home.

 

[sayleramy]

Cara

Yes, its a 48 dodge. Not his primary vehicle...but he drives it often.

 

[LdiJ]

Yes, its a 48 dodge. Not his primary vehicle...but he drives it often.

If its not his primary vehicle then just make it clear to dad that you will not be turning the child over to him unless he is driving a car where the booster seat can be used.

 

[not2cleverRed]

Yes, its a 48 dodge. Not his primary vehicle...but he drives it often.

Thanks for clarifying - I wanted to make sure that by "older" you meant really old. Some people would call a 20 year old car "older".

And ditto Ldij. Frankly, if I had one of *those* I wouldn't want a crumb cruncher crunching crumbs in it anyhow.

 

[CJane]

If its not his primary vehicle then just make it clear to dad that you will not be turning the child over to him unless he is driving a car where the booster seat can be used.

I don't really agree. We don't know what the order actually says, only what Mom says it says.

She MAYBE could file for contempt, if she could provide proof to the court that the child was not LAWFULLY restrained. But refusing to release the child to Dad isn't the best course of action.

 

[CdwJava]

If its not his primary vehicle then just make it clear to dad that you will not be turning the child over to him unless he is driving a car where the booster seat can be used.

I would say that this is the way to go. I know that I would NEVER argue that a parent must turn a child over to a parent/guardian who lacked appropriate safe restraint devices. Let him call the cops ... see how that would turn out for him.

 

[CJane]

I would say that this is the way to go. I know that I would NEVER argue that a parent must turn a child over to a parent/guardian who lacked appropriate safe restraint devices. Let him call the cops ... see how that would turn out for him.

His vehicle is exempt from state restraint requirements. So what would the officers be required to do?

 

[CdwJava]

His vehicle is exempt from state restraint requirements. So what would the officers be required to do?

He may not have to have seatbelts in it, but a child must still be properly restrained. So, dad can drive off in the car by himself if the car is exempt, but, he has no legal right to drive off with the kid.

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.687

 

[Zigner]

He may not have to have seatbelts in it, but a child must still be properly restrained. So, dad can drive off in the car by himself if the car is exempt, but, he has no legal right to drive off with the kid.

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.687

I am NOT disagreeing with the sentiment, and I agree that the child shouldn't be transported in a car without safety restraints, but I'd have to disagree that it's illegal to do so:

From your link: (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:


And from http://apps.leg.wa.gov/rcw/default.aspx?cite=46.37.510: Seat belts and shoulder harnesses.
(1) No person may sell any automobile manufactured or assembled after January 1, 1964, nor may any owner cause such vehicle to be registered thereafter under the provisions of chapter 46.12 RCW unless such motor car or automobile is equipped with automobile seat belts installed for use on the front seats thereof which are of a type and installed in a manner conforming to rules adopted by the state patrol. Where registration is for transfer from an out-of-state license, the applicant shall be informed of this section by the issuing agent and has thirty days to comply. The state patrol shall adopt and enforce standards as to what constitutes adequate and safe seat belts and for the fastening and installation of them. Such standards shall not be below those specified as minimum requirements by the Society of Automotive Engineers on June 13, 1963.
(2) Every passenger car manufactured or assembled after January 1, 1965, shall be equipped with at least two lap-type safety belt assemblies for use in the front seating positions.
(3) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with a lap-type safety belt assembly for each permanent passenger seating position. This requirement shall not apply to police vehicles.
(4) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with at least two shoulder harness-type safety belt assemblies for use in the front seating positions.

 

[eerelations]

I don't really agree. We don't know what the order actually says, only what Mom says it says.

Why do you think Mom is lying? (Just curious, I've looked and looked at her posts and I don't see anything that would make me suspect she's lying.)

 

[Zigner]

Why do you think Mom is lying? (Just curious, I've looked and looked at her posts and I don't see anything that would make me suspect she's lying.)

I think mom is paraphrasing, not lying. Perhaps that's what CJane meant...?

ETA: If the order says that "Child will be restrained in appropriate restraints", then the other parent isn't violating the letter of the order (the spirit of the order, yes, but not the letter of the order.) If the order simply says that the parent will use child restraints, then it's a different story. Preciseness matters.

 

[CdwJava]

Huh ... who would have thunk it that the state might write something that would exempt child safety seats. My bad for not considering the absurdity of state legislatures. Show those idiots an image of a young child propelled into a windshield at only 30 MPH and they'd be sold. I still have a few such images seared into my brain, and I would never allow a child to travel without a safety seat or properly restrained.

I would honestly have to say that if I were mom I would also decline to allow my child to go into such a vehicle without proper restraints come heck or high water. And, personally, I doubt that (a) any officer would forcibly turn the child over to dad (they would likely file the allegation of contempt with the prosecutor), and, (b) that any prosecutor would consider filing contempt charges for a mother failing to turn such a child over.

Since it appears dad has access to another vehicle, mom should go BACK to court and mandate child safety seats in the visitation agreement.