For NM Freepers and anyone driving through the state of New Mexico, this new law takes effect on 6/17/05.
My 4 year-old is already having trouble finding room for her feet in her car seat. This just seems like get more $$$$ legislation disguised as It's for the Children law.
Especially the Republicans, with their "limited government" lies. At least the 'Rats are upfront about their Big Stupid Government intentions.
I don't know how previous generations survived without nanny laws dictating safety gear for kids in cars..Does any evidence show that children are safer today with overprotective seatbelts than before???
"People should come in with the car and seat, and the child as well."
Is Ms. Kelloff telling 90% of parents to endanger their children?
These laws are horrible for small kids.
Can you imagine the grief a twelve year old would get if he had to have a CAR SEAT??
My son is almost twelve and just hit 70 pounds, but his feet more than hit the floor.
U.S. Supreme Court
Pierce v. Society of Sisters, 268 U.S. 510 (1925)
"The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."
U.S. Supreme Court HAFER v. MELO, 502 U.S. 21 (1991) 502 U.S. 21
, monetary damages under 42 U.S.C. 1983
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . ."
We hold that state officials, sued in their individual capacities, are "persons" within the meaning of 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under 1983 solely by virtue of the "official" nature of their acts.
The judgment of the Court of Appeals is Affirmed.
Sue the shit out of the legislators and the officers who have enacted and enforce this unconstitutional law.
Why not just use the handyman's secret weapon and duct tape the children to the seats.
When I grew up in New Mexico, I routinely ride in the back of pickup trucks on dirt mountain roads. We'd routinely toss baseballs back and forth there. Man, kids today have no fun.
Didn't have bike helmets either.
For clarification (in case of sloppy reporting), here's the body of the law:
SB 586
AN ACT
RELATING TO MOTOR VEHICLES; REQUIRING CHILD BOOSTER SEAT USE
FOR CERTAIN CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-7-369 NMSA 1978 (being Laws 1983,
Chapter 252, Section 2, as amended) is amended to read:
"66-7-369. CHILD PASSENGER RESTRAINT--ENFORCEMENT.--
A. A person shall not operate a passenger car, van
or pickup truck in this state, except for an authorized
emergency vehicle, public transportation or a school bus,
unless all passengers less than eighteen years of age are
properly restrained.
B. Each person less than eighteen years of age
shall be properly secured in a child passenger restraint
device or by a safety belt, unless all seating positions
equipped with safety belts are occupied, as follows:
(1) children less than one year of age shall
be properly secured in a rear-facing child passenger
restraint device that meets federal standards, in the rear
seat of a vehicle that is equipped with a rear seat. If the
vehicle is not equipped with a rear seat, the child may ride
in the front seat of the vehicle if the passenger-side air
bag is deactivated or if the vehicle is not equipped with a
deactivation switch for the passenger-side air bag;
(2) children one year of age through four
years of age, regardless of weight, or children who weigh
less than forty pounds, regardless of age, shall be properly
secured in a child passenger restraint device that meets
federal standards;
(3) children five years of age through six
years of age, regardless of weight, or children who weigh
less than sixty pounds, regardless of age, shall be properly
secured in either a child booster seat or an appropriate
child passenger restraint device that meets federal
standards; and
(4) children seven years of age through
twelve years of age shall be properly secured in a child
passenger restraint device or by a seat belt.
C. A child is properly secured in an adult seat
belt when the lap belt properly fits across the child's
thighs and hips and not the abdomen. The shoulder strap
shall cross the center of the child's chest and not the neck,
allowing the child to sit all the way back against the
vehicle seat with knees bent over the seat edge.
D. Failure to be secured by a child passenger
restraint device, by a child booster seat or by a safety belt
as required by this section shall not in any instance
constitute fault or negligence and shall not limit or
apportion damages."
"If it saves ONE LIFE"
//// Sarcasm Off /////
The car seat manufacturers must be paying someone off for all of these laws. Plus, these car seats all get "recalled" every year or two so you can't use the older kids' seat for the younger ones. You have to buy a new one since the old one is now 'defective'. I know its probably a scam but how can I take a chance with my kids?
Yep more feel good BS from the Massa
This should make all you sheeps out there feel comfy.
I wonder when fully grown adults will be forced to ride in child restraint like devices. This is getting crazy.
The new law in NC is 8 years old or 90 lbs for a booster chair.