Drivers Ed Passive Safety

New Jersey Driver Education: Study Guide - Passive Safety Devices & Child Restraint Laws

Seat Belt and Safety Restraint Laws

Q1: Who is responsible for ensuring all passengers under 18 are properly restrained in a vehicle under GDL (Graduated Driver License) laws?
A1: The driver is responsible for making sure all passengers under age 18 are properly restrained.

Q2: Can a vehicle be pulled over for improper seatbelt use?
A2: Yes, improper seatbelt use is a primary offense, meaning a police officer can pull over the vehicle just for this violation.

Q3: Who gets the ticket if a passenger under 18 is not properly restrained in a vehicle?
A3: The driver will receive the ticket if a passenger under 18 is not properly restrained.

Q4: Who is responsible for their own seatbelt use if they are 18 or older?
A4: Passengers who are 18 years old or older are responsible for themselves. If they are not properly restrained, they will get the ticket.

Q5: What happens once a driver is fully licensed (no longer under GDL)?
A5: Once fully licensed, the driver is responsible for ensuring all passengers are properly restrained, regardless of where they sit in the vehicle.

Q6: Who gets the ticket if the driver or front-seat passengers are unrestrained?
A6: If the driver or front-seat passengers (regardless of age) are unrestrained, the driver will receive the ticket.

Q7: Who gets the ticket if a passenger under 18 is not restrained in the back seat?
A7: If a passenger under age 18 is unrestrained in the back seat, the driver will get the ticket.

Q8: What happens if a passenger aged 18 or older is not wearing a seatbelt in the back seat?
A8: If a passenger aged 18 or older is unrestrained in the back seat, and the vehicle is pulled over for a primary offense (such as the driver not wearing a seatbelt), the 18+ passenger will be ticketed. This is a secondary offense.

Child Safety Seat Requirements (Effective 9/1/2015)

Q9: What is the safest place for children to sit in a vehicle?
A9: Children should always be seated in the back seat for maximum safety.

Q10: Can a rear-facing car seat be placed in the front passenger seat if the vehicle has an active airbag?
A10: No, never place a rear-facing car seat in the front passenger seat if the vehicle has an active airbag. It can be dangerous in the event of a crash.

Q11: What are the requirements for children under age 2 in New Jersey?
A11: Children under age 2 must be placed in a rear-facing car seat with a 5-point harness if they weigh less than 30 lbs.

Q12: What are the requirements for children under age 4 in New Jersey?
A12: Children under age 4 must use either:

• A rear-facing car seat or a forward-facing car seat with a 5-point harness if they weigh less than 40 lbs and are under 57 inches tall.

Q13: What are the requirements for children under age 8 in New Jersey?
A13: Children under age 8 must use:

• A forward-facing car seat with a 5-point harness or a booster seat.

• The child must meet the manufacturer’s weight and height requirements.

Q14: Why is it important to check the manufacturer’s instructions for car seats?
A14: The manufacturer’s instructions provide important details on proper installation and usage, ensuring that the car seat is being used correctly based on the child’s weight, height, and age.

Quick Reference

Seatbelt and Safety Restraints

• Driver's Responsibility (GDL & Fully Licensed):

  • Under GDL: Driver is responsible for themselves and passengers under age 18.

  • Fully Licensed: Driver is responsible for all passengers, regardless of age.

• Primary Offense:

  • Driver or front seat passengers (any age) not properly restrained.

  • Passengers under 18 not properly restrained in any seat.

• Secondary Offense:

  • 18+ passengers unrestrained in the back seat (if a primary offense is already committed).

Child Car Seat Requirements:

• Under Age 2:

  • Rear-facing car seat with a 5-point harness.

  • Weighs less than 30 lbs.

• Under Age 4:

  • Rear-facing or forward-facing car seat with a 5-point harness.

  • Weighs less than 40 lbs and is under 57 inches tall.

• Under Age 8:

  • Forward-facing car seat with a 5-point harness or a booster seat.

  • Follow the manufacturer’s weight and height recommendations.

Key Points to Remember:

• Proper Restraint: All passengers, including those in the back seat, must be properly restrained.

• Responsibility: Drivers are responsible for ensuring all passengers (especially those under 18) are properly restrained.

• Fines for Violations: Fines can be issued for not properly restraining yourself or passengers, especially those under age 18.

• Car Seats: Always use the appropriate car seat based on your child’s age, weight, and height. Rear-facing seats are safest for younger children.