LD 1269, amending 29-A MRSA section 1861, provides new rules governing the use of child safety seats and seat belts, and goes into effect Thursday, September 19, 2019, along with the more widely-discussed update to Maine law governing the use of handheld and electronic portable devices while driving. This law applies to motor vehicles that are required to be equipped with seat belts (so not, for example, to school or commercial buses).

The law sets up several tiers of requirements. First, any child less than two years old must be properly secured in a rear-facing child restraint system (a device, generally referred to as a car seat, designed for use in a motor vehicle to restrain, seat and position children who weigh 80 pounds or less that meets the requirements of Federal Motor Vehicle Safety Standard 213; this does not include a traditional lap or lap/shoulder safety belt).

Second, any child two years or older and weighing less than 55 pounds must be properly secured in a child restraint system in accordance with the device and vehicle manufacturers’ instructions.

Third, any child less than 8 years of age, weighing less than 80 pounds, and less than 57 inches in height, must be properly secured in a belt positioning seat (a child restraint system, generally referred to as a booster seat, that positions a child on a motor vehicle seat to improve the fit of a seat belt on the child).

Fourth, the driver must ensure that all passengers less than 18 years of age (and not subject to the booster seat requirement above), be properly secured in a seat belt.

Fifth, the driver must ensure that any child less than 12 years of age and weighing less than 100 pounds must also be properly secured in the rear seat, if possible.

Sixth, all operators, and passengers 18 years of age or older are required to be properly secured by a seat belt. The adult passenger is responsible for complying with this requirement (as noted above, the driver is responsible for ensuring those under 18 are properly secured). Among other exceptions, this requirement does not apply if all of the seat belts are already in use by others, nor does it apply to an operator or passenger who has a medical condition that warrants an exemption as documented by a certificate from a physician.

Violation of any of these requirements is a traffic infraction, for which a fine of $70 for the first offense, $160 for the second offense, and $310 for the third and subsequent offenses must be imposed, and may not be suspended by the court.