Transporting a child under 8 years old without a properly secured child passenger restraint system meeting federal safety standards.
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
CVC 27360(a) requires children under 8 to be secured in an approved child passenger restraint system in the rear seat. This applies regardless of airbags. The fine can reach $490.
No DMV points but fines of $100–$490. Courts strictly enforce this. Properly secured children are dramatically safer in crashes.
No DMV points — no direct insurance impact.
A parent, legal guardian, or driver shall not transport a child under 8 years of age in a motor vehicle without properly securing that child in a child passenger restraint system.
6-year-old in adult seatbelt in front seat.
Cited; child needs booster seat in rear.
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Child was properly restrained
CVC 27360(a) requires that children under age 8 be in an approved child passenger restraint system. If the officer had an incorrect assessment of the child's age or the type of restraint, challenge those factual determinations. Bring the restraint system to court and demonstrate its compliance.
Weight/height exception
A child may use a seat belt instead of a child restraint seat if the child is 4'9" or taller. Document the child's height if this is the basis for your defense.
⚠️ What NOT to Do
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CVC 27360 requires children under 8 to be in a car seat or booster. After age 8, seatbelt laws apply under CVC 27315.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
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