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Safety Recommendation Details

Safety Recommendation H-04-010
Details
Synopsis: On April 4, 2002, about 8:19 a.m., a 15-passenger Ford E-350 van, driven by a 27-year-old driver and transporting six children to school, was southbound in the left lane of Interstate 240 in Memphis, Tennessee. The van was owned and operated by Tippy Toes Learning Academy (Tippy Toes), a private child care center. A witness driving behind the van stated that the vehicle was traveling about 65 mph when it drifted from the left lane, across two other lanes, and off the right side of the roadway. She said that she did not see any brake lights. The van then overrode the guardrail and continued to travel along the dirt and grass embankment until the front of the van collided with the back of the guardrail and a light pole. The rear of the van rotated counterclockwise and the front and right side of the van struck the bridge abutment at the Person Avenue overpass before coming to rest. The driver was ejected through the windshield and sustained fatal injuries. Four of the children sustained fatal injuries, and two were seriously injured.
Recommendation: TO THE STATES AND THE DISTRICT OF COLUMBIA CHILD CARE TRANSPORTATION OVERSIGHT AGENCIES: Implement an oversight program for child care transportation that includes the following elements: A requirement that occupants wear age-appropriate restraints at all times.
Original recommendation transmittal letter: PDF
Overall Status: Open - Acceptable Response
Mode: Highway
Location: Memphis, TN, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: hwy02MH015
Accident Reports: 15-Passenger Child Care Van Run-Off-Road Accident
Report #: HAR-04-02
Accident Date: 4/4/2002
Issue Date: 4/21/2004
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky, Office of Inspector General (Open - Acceptable Response)
Commonwealth of Massachusetts, Office of Child Care Services (Open - Unacceptable Response)
Commonwealth of Pennsylvania, Department of Public Welfare (Closed - Reconsidered)
Commonwealth of Virginia, Department of Social Services (Closed - Acceptable Action)
District of Columbia, Department of Health (Open - Unacceptable Response)
State of Alabama, Department of Human Resources (Open - Acceptable Response)
State of Alaska, Department of Health and Social Services (Closed - Acceptable Action)
State of Arizona, Department of Health Services (Open - Acceptable Response)
State of Arkansas, Department of Human Services (Open - Acceptable Response)
State of California, Department of Social Services (Open - Unacceptable Response)
State of Colorado, Department of Human Services (Closed - Acceptable Action)
State of Connecticut, Department of Public Health (Open - Unacceptable Response)
State of Delaware, Department of Services for Children, Youth and Families (Closed - Reconsidered)
State of Florida, Department of Children and Families (Closed - Reconsidered)
State of Georgia, Department of Human Resources (Closed - Acceptable Action)
State of Hawaii, Department of Human Services (Closed - Acceptable Action)
State of Idaho, Department of Health and Welfare (Open - Unacceptable Response)
State of Illinois, Department of Human Services (Open - Unacceptable Response)
State of Indiana, Family and Social Services Administration (Open - Unacceptable Response)
State of Iowa, Department of Human Services (Closed - Acceptable Action)
State of Kansas, Department of Health and Environment (Closed - Acceptable Alternate Action)
State of Louisiana, Department of Social Services (Open - Unacceptable Response)
State of Maine, Department of Health and Human Services (Closed - Reconsidered)
State of Maryland, Department of Human Resources (Closed - Acceptable Action)
State of Michigan, Family Independence Agency (Closed - Acceptable Action)
State of Minnesota, Department of Human Services (Closed - Acceptable Action)
State of Mississippi, Department of Health (Open - Unacceptable Response)
State of Missouri, Department of Health and Senior Services (Closed - Acceptable Action)
State of Montana, Department of Public Health and Human Services (Open - Unacceptable Response)
State of Nebraska, Department of Health and Human Services (Open - Acceptable Response)
State of Nevada, Department of Human Resources (Open - Unacceptable Response)
State of New Hampshire, Department of Health and Human Services (Open - Acceptable Response)
State of New Jersey, Department of Human Services (Closed - Reconsidered)
State of New Mexico, Department of Children, Youth, and Families (Closed - Acceptable Alternate Action)
State of New York, Department of Family Assistance (Closed - Acceptable Alternate Action)
State of North Carolina, Department of Health and Human Services (Closed - Acceptable Action)
State of North Dakota, Department of Human Services (Closed - Acceptable Alternate Action)
State of Ohio, Department of Job and Family Services (Open - Acceptable Response)
State of Oklahoma, Department of Human Services (Closed - Reconsidered)
State of Oregon, Employment Department (Closed - Reconsidered)
State of Rhode Island, Department of Children, Youth and Families (Closed - Reconsidered)
State of South Carolina, Department of Social Services (Open - Acceptable Response)
State of South Dakota, Department of Social Services (Closed - Reconsidered)
State of Tennessee, Department of Human Services (Closed - Acceptable Action)
State of Texas, Department of Family and Protective Services (Closed - Acceptable Action)
State of Utah, Department of Health (Closed - Acceptable Action)
State of Vermont, Human Services Agency (Closed - Reconsidered)
State of Washington, Department of Social and Health Services (Closed - Reconsidered)
State of West Virginia, Department of Health and Human Services (Closed - Reconsidered)
State of Wisconsin, Department of Health and Family Services (Closed - Acceptable Action)
State of Wyoming, Department of Family Services (Closed - Reconsidered)
Keyword(s): Child Restraint Systems,Restraint Systems

Safety Recommendation History
From: NTSB
To: State of Mississippi, Department of Health
Date: 9/4/2014
Response: Has Mississippi taken action to apply its CPS law to all child care vehicles? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Mississippi, Department of Health
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All states require by law some level of restraint use for children, but the specific laws vary from state to state. Child restraint laws do not always reflect best practices, and not all states have implemented the NTSB’s recommendation that children be transported in child restraints until they are 8 years old. In addition, sometimes child restraint laws do not apply to seat belt equipped vehicles designed to carry more than 10 passengers (nonconforming buses), and many states allow child care centers to transport children in nonconforming buses. Unless separate regulations require child care centers to comply with the existing restraint laws, children may be allowed to ride unrestrained in a center’s vehicles. Therefore, implementation of this recommendation requires that the state both require child restraints through age 7 and apply this requirement to (or do not exempt) child care centers. On May 15, 2009, Minnesota's Governor signed legislation that requires children under age 8 and shorter than 4 feet 9 inches tall to use a child restraint system or booster seat. On May 29, 2009, Texas enacted legislation that requires children younger than 8 years of age, unless the child is taller than 4 feet, 9 inches, to use a child safety seat system. On June 17, 2009, Alaska’s Governor signed legislation that requires child restraints for children under age 8, who weigh more than 20 pounds but less than 65 pounds, and are under 4 feet 9 inches tall. On March 26, 2010, Colorado’s Governor signed legislation that requires children under age 8 to use child restraints when transported in a motor vehicle or in a vehicle operated by a child care center. On May 9, 2011, Georgia’s Governor signed legislation that requires children under age 8 to use a child restraint system. All laws do or will apply to seat belt equipped vehicles that carry more than 10 passengers. For AK, CO, GA, MN, and TX, Safety Recommendation H 04 10 is classified “Closed?Acceptable Action.” Nevada requires children at least through age 5 to use restraints; however, the current law exempts larger vehicles. Connecticut, Illinois, and Mississippi require children at least through age 6 to use child restraints; however, their current laws also exempt larger vehicles. Accordingly, Safety Recommendation H 04 10 is classified “Open?Unacceptable Response,” for Connecticut, Illinois, Mississippi, and Nevada.

From: NTSB
To: State of Mississippi, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: On May 8, 2008, Mississippi's Governor signed H.B. 558, which requires children age 6 and younger (and less than 4 feet, 9 inches or less than 65 pounds) to use child restraints. Its child care center regulations require that all children be properly restrained. Mississippi requires all vehicles under 10,000 pounds GVWR (Gross Vehicle Weight Rating) to be equipped with occupant restraints appropriate for the age and/or weight of the children being transported, but the regulations still specify using child restraints only by children under age 4.

From: NTSB
To: State of Mississippi, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Mississippi requires children age 3 and younger to use child restraints, but children age 4 through age 7 are not required to be transported in booster seats. Its child care center regulations require that all children be properly restrained. Mississippi requires all vehicles under 10,000 pounds GVWR (Gross Vehicle Weight Rating) to be equipped with occupant restraints appropriate for the age and/or weight of the children being transported, but like Mississippi's child restraint law, the regulation specifies using child restraints only by children under age 4.

From: NTSB
To: State of Mississippi, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060371) to our 6/2/2006 request for an update, which indicated that: Mississippi requires children age 3 and younger to use child restraints, but children age 4 through age 7 are not required to be transported in booster seats. Mississippi considered applicable legislation in 2005. According to MC 2060371, Mississippi's child care center regulations require that all children be properly restrained. Mississippi requires all vehicles under 10,000 pounds GVWR (Gross Vehicle Weight Rated) to be equipped with occupant restraints appropriate for the age and/or weight of the children being transported, but like Mississippi's child restraint law, only with respect to children under age 4 does the regulation specify using child restraints.

From: State of Mississippi, Department of Health
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/4/2006 2:07:19 PM MC# 2060371: At a minimum the child care licensing regulations require that they properly restrain all children whom they are transporting (no matter who owns the vehicle) according to the laws of the State of Mississippi. Please see the above (also, attached) copy of the Mississippi Department of Health, Regulations Governing lhe Licensure of Child Care Facililies. XV. Transportation, Sections 15-1 through 15-4, for additional requirements.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All states require by law some level of restraint use for children, but the specific laws vary from state to state. Child restraint laws do not always reflect best practices, and not all states have implemented the NTSB’s recommendation that children be transported in child restraints until they are 8 years old. In addition, sometimes child restraint laws do not apply to seat belt equipped vehicles designed to carry more than 10 passengers (nonconforming buses), and many states allow child care centers to transport children in nonconforming buses. Unless separate regulations require child care centers to comply with the existing restraint laws, children may be allowed to ride unrestrained in a center’s vehicles. Therefore, implementation of this recommendation requires that the state both require child restraints through age 7 and apply this requirement to (or do not exempt) child care centers. On May 15, 2009, Minnesota's Governor signed legislation that requires children under age 8 and shorter than 4 feet 9 inches tall to use a child restraint system or booster seat. On May 29, 2009, Texas enacted legislation that requires children younger than 8 years of age, unless the child is taller than 4 feet, 9 inches, to use a child safety seat system. On June 17, 2009, Alaska’s Governor signed legislation that requires child restraints for children under age 8, who weigh more than 20 pounds but less than 65 pounds, and are under 4 feet 9 inches tall. On March 26, 2010, Colorado’s Governor signed legislation that requires children under age 8 to use child restraints when transported in a motor vehicle or in a vehicle operated by a child care center. On May 9, 2011, Georgia’s Governor signed legislation that requires children under age 8 to use a child restraint system. All laws do or will apply to seat belt equipped vehicles that carry more than 10 passengers. For AK, CO, GA, MN, and TX, Safety Recommendation H 04 10 is classified CLOSED--ACCEPTABLE ACTION. Nevada requires children at least through age 5 to use restraints; however, the current law exempts larger vehicles. Connecticut, Illinois, and Mississippi require children at least through age 6 to use child restraints; however, their current laws also exempt larger vehicles. Accordingly, Safety Recommendation H 04 10 is classified “Open?Unacceptable Response,” for Connecticut, Illinois, Mississippi, and Nevada.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Texas requires children age 4 and younger (and less than 36 inches) to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Texas does not impose its existing CPS or seat belt laws on seat belt–equipped vehicles that carry more than 10 people. Texas considered applicable legislation in 2007; its legislature did not meet in 2008.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Texas requires children age 4 and younger (and less than 36 inches) to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Texas does not impose its existing CPS or seat belt laws on seat belt-equipped vehicles that carry more than 10 people. Its legislature did not meet in 2006. Texas considered applicable legislation, but according to MC 2070433, it did not pass legislation in 2007.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 8/23/2007
Response: Letter Mail Controlled 8/24/2007 2:47:42 PM MC# 2070433: No legislation passed during the 2007 80th Legislative session addressing this recommendation.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060328) to our 6/2/2006 request for an update, which indicated that: Texas requires children age 4 and younger (and less than 36 inches) to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Texas does not impose its existing CPS or seat belt laws on seat belt–equipped vehicles that carry more than 10 people, but changes to the minimum standard rules regarding the use of child restraints and booster seats are currently pending. Texas also considered legislation in 2005 to require child restraints through age 7. Staff has been unable to determine whether Texas requires child care centers to comply with Texas' CPS law even when using nonconforming buses.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/11/2006 1:33:30 PM MC# 2060328: Texas requires a child who is younger than five years of age and less than 36 inches in height to use child safety seat system.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 3/30/2006
Response: The Safety Board notes that Texas requires children younger than 5 years of age and less than 36 inches in height to be restrained in a child safety seat or booster seat. The Board is aware that in 2005, Texas enhanced its child restraint law by increasing the age requirement from 4 to 5 years old. The Board notes, however, that Texas does not have a law requiring the use of booster seats for children up to 8 years old, as recommended in Safety Recommendation H-96-14 . Children inappropriately restrained in seat belts are 3.5 times more likely to suffer abdominal injury and 4 times more likely to suffer head/brain injury than children appropriately restrained in booster seats. Even without a law, the Board encourages the Texas Department of Family and Protective Services to require the use of age-appropriate booster seats for children up to 8 years old by child care centers when transporting children to and from school and school-related activities. Pending additional legislative action or revisions to child care licensing rules that would extend the child occupant protection requirements to include the use of booster seats by children up to 8 years old, Safety Recommendation H-04-10 is classified "Open-Acceptable Response."

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 5/27/2004
Response: Letter Mail Controlled 6/10/2004 2:00:03 PM MC# 2040302 The child-care licensing division is charged with protecting approximately 800,000 children in out-of-home care in Texas by establishing minimum standards for their safety and protection. Minimum standards for child day care were revised in 2002 and became effective September 1, 2003. During the revision process, we updated and strengthened regulations regarding transportation and captured many of your suggestions at that time. I have enclosed a copy of these regulations for your review. Although these regulations prescribe the minimum safety expectations for child-care centers that transport children, at this time, they are in line with other Texas laws regarding transportation and they reflect public opinion. We also utilize technical assistance provided by our licensing staff, media campaigns, provider training, and best practices included in our publication as opportunities to educate permit holders and parents on issues that impact children's health and safety. We agree that safe transportation is an important issue and we will continue to look at ways to incorporate your safety recommendations.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 9/4/2014
Response: Has Nebraska taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 9/4/2014
Response: Has Montana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Montana requires children age 5 and younger (and less than 60 pounds) to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. Montana does not impose its existing CPS or seat belt laws on seat belt–equipped vehicles that carry more than 10 people. Children under age 4 cannot ride on buses and must be transported in regular vehicles. Montana law does not impose standards on multifunctional school actiivity buses. Public schools are required to use buses built to standard. Head Start requires use of conforming buses but most hcildren attending day care are often transported in personal vehicles or vans. Childcare centers voluntarily use restraints in accordance with Montana's child restraint law.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Montana requires children age 5 and younger (and less than 60 pounds) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Montana does not impose its existing CPS or seat belt laws on seat belt-equipped vehicles that carry more than 10 people. Children under age 4 cannot ride on buses and must be transported in regular vehicles. Legislation to require appropriate restraints for children age 4 and older who ride in seat belt-equipped vehicles that carry more than 10 people is not anticipated.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060355) to our 6/2/2006 request for an update, which indicated that: Montana requires children age 5 and younger (and less than 60 pounds) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Montana does not impose its existing CPS or seat belt laws on seat belt-equipped vehicles that carry more than 10 people. According to MC 2060355, children under age 4 cannot ride on buses and must be transported in regular vehicles. Legislation to require appropriate restraints for children age 4 and older who ride in seat belt–equipped vehicles that carry more than 10 people is not anticipated.

From: State of Montana, Department of Public Health and Human Services
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/24/2006 11:50:59 AM MC# 2060355: Children under 4 years of age cannot ride on buses and must be transported in regular vehicles. A law for age appropriate restraints is not expected to be introduced for children 4 years of age and older for seatbelt equipped vehicles that carry more than 10 people and used to transport school children.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 1/31/2005
Response: The Safety Board notes that Maine's law and child care regulations require occupants to wear age-appropriate restraints. The Board also notes that Maine requires children age 12 and under to ride in the back seat and children up to age 8 years old to use a child restraint system. Safety Recommendation H-04-10 is classified "Closed--Reconsidered," as the requirement was in place before the recommendation was issued.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 6/2/2004
Response: Letter Mail Controlled 6/9/2004 10:29:59 AM MC# 2040289

From: State of South Carolina, Department of Social Services
To: NTSB
Date: 12/2/2014
Response: -From Leroy Smith, Director, South Carolina Department of Public Safety: Implement an oversight program for child care transportation that includes the following elements: A requirement that occupants wear age appropriate restraints at all times. NTSB Response/Question: South Carolina requires children age 5 and younger (and 80 pounds or less) to use child restraints. The law exempts children riding in child care center vehicles. Regulations, however, require children enrolled in child care centers to be restrained while being transported in child care center vehicles. Has South Carolina taken action to expand its existing child restraint law to cover older children? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed- Unacceptable Action". Status: Senate Bill 823 addresses the disparity between current South Carolina law and this NTSB recommendation (the full text of the bill appears in Attachment 1). Essentially the bill would increase the age for which a child must be secured in a passenger restraint system from five years old to seven years old, add certain height requirements and prohibit a child from occupying the front passenger seat until the child is twelve years old instead of five years old. S.823 was prefiled on December 10,2013 and was referred to the Committee on Transportation. The bill was not referred out of committee prior to the end of the legislative session in June 2014. It is expected that the bill will again be filed or prefiled for the legislative session beginning in January 2015. Amendments could enable the bill to conform to NTSB recommendations H-02-30 and H-04-10.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 9/4/2014
Response: Has South Carolina taken action to expand it's existing child restraint law to cover older children? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: South Carolina requires children age 5 and younger (and 80 pounds or less) to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. The law exempts children riding in child care center vehicles. Regulations, however, require children enrolled in child care centers to be restrained while being transported in child care center vehicles.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: South Carolina requires children age 5 and younger (and 80 pounds or less) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. The law exempts children riding in child care center vehicles. Regulations, however, require children enrolled in child care centers to be restrained while being transported in child care center vehicles.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060311) to our 6/2/2006 request for an update, which indicated that: South Carolina requires children age 5 and younger (and 80 pounds or less) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. According to MC 2060311, the law exempts children riding in child care center vehicles. Regulations, however, require children enrolled in child care centers to be restrained while being transported in child care center vehicles.

From: State of South Carolina, Department of Social Services
To: NTSB
Date: 6/27/2006
Response: Letter Mail Controlled 7/5/2006 11:08:50 AM MC# 2060311: Current South Carolina law exempts children in child care centers from utilizing child restraints while being transported in day care vehicles. However, SC Department of Social Services regulations require children enrolled in child care centers to be restrained while being transported in day care vehicles.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 4/1/2005
Response: The Safety Board notes that West Virginia's child care center licensing regulation that formerly required a staff member or driver to ensure that each child 3 years of age and under is secured in an approved child safety seat, and each child more than 3 years of age is secured with a seat belt at a ratio of one child per seat belt, has changed to require children under the age of 4 years or under the weight of 40 pounds be restrained in an approved child safety restraint. The Board further notes that West Virginia Code §17C-15-46 states that drivers are responsible for properly placing, maintaining, and securing a child in a child passenger safety device system and that if a child is at least 4 years of age or at least 40 pounds in weight the child can be restrained with only a safety belt. Accordingly, Safety Recommendation H-04-10 is classified "Closed--Reconsidered," as this requirement was in place before the recommendation was issued.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 5/21/2004
Response: Letter Mail Controlled 6/1/2004 2:51:53 PM MC# 2040258 Child care center licensing regulation §78-l-22.1.c.requires a staff member or driver to ensure that each child three years of age and under is secured in an approved child safety seat, and each child more than three years of age is secured with a seat belt at a ratio of one child per seat belt. West Virginia Code §17C-15-46 states "Every driver provide for the protection of such child by properly placing, maintaining and securing such child in a child passenger safety device system meeting applicable federal motor vehicle safety standards: Provided, that if a child is at least four years of age or at least forty pounds in weight, a safety belt shall be sufficient to meet the requirements of this section." The Department has disseminated information to the statewide network of Child Care Resource and Referral agencies and to various outlets where child care providers receive information that the state law has changed since the promulgation of the licensing requirements, so that children under the age of four years or under the weight of 40 pounds must be in an approved child safety restraint system.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 9/4/2014
Response: Has New Hampshire taken action to expand coverage of it's child restraint law to include older children? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 7/6/2010
Response: Please advise what action New Hampshire has taken to require child restraint use through age 7 as recommended by the NTSB.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Hampshire requires children age 5 and younger (and less than 55 inches) to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. Child care center regulations require restraint use. New Hampshire has no current proposal to increase the age requirement.

From: State of New Hampshire, Department of Health and Human Services
To: NTSB
Date: 6/27/2008
Response: MC# 2080404: Children under 18 must wear seat belts and children under age 6 and 55 inches or less in height must be secured in a child safety seat that meets the requirements of 49 CFR. There currently no proposal to increase the age requirement to under age 7 rather than under age 6.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Hampshire requires children age 5 and younger (and less than 55 inches) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Child care center regulations require restraint use.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. New Hampshire requires children age 5 and younger (and less than 55 inches) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Child care center regulations require restraint use.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060331) to our 6/2/2006 request for an update, which indicated that: Delaware requires children age 6 and younger (or less than 60 pounds) to use child restraints, but children age 7 are not required to be transported in booster seats. Delaware does not allow child care centers to use nonconforming buses. According to information received subsequent to Delaware's annual letter, Delaware explained that child care centers have always been required to follow Delaware child occupant protection laws. These requirements predate the issuance of this recommendation.

From: NTSB
To: State of California, Department of Social Services
Date: 9/4/2014
Response: Has California taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of California, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: California requires children age 5 and younger (or weighing less than 60 pounds) to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. California's CPS law does not apply to buses, which includes vans carrying 10 or more passengers used to transport passengers for compensation or profit or used by a nonprofit organization or group. To the extent that a child care center vehicle does not meet the definition of a bus, the CPS law applies. Although California considered legislation in 2007 to require child restraints through age 7, it has not provided information on whether it has considered legislation or regulations to require child care centers to comply with California's CPS law even when using nonconforming buses.

From: State of California, Department of Social Services
To: NTSB
Date: 8/27/2008
Response: Letter Mail Controlled 8/28/2008 3:17:38 PM MC# 2080523: California considered legislation in 2007, Assembly Bill 881, which would have increased the booster seat and back seat law to under [message truncated]

From: NTSB
To: State of California, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: California requires children age 5 and younger (or weighing less than 60 pounds) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. California's CPS law does not apply to buses, which includes vans carrying 10 or more passengers used to transport passengers for compensation or profit or used by a nonprofit organization or group. To the extent that a child care center vehicle does not meet the definition of a bus, the CPS law applies. Although California considered legislation in 2006 and 2007 to require child restraints through age 7, it has not provided information on whether it has considered legislation or regulations to require child care centers to comply with California's CPS law even when using nonconforming buses.

From: State of California, Department of Social Services
To: NTSB
Date: 7/12/2007
Response: Letter Mail Controlled 7/13/2007 12:44:13 PM MC# 2070348

From: NTSB
To: State of California, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060379, 2060033, 2060164) to our 6/2/2006 request for an update, which indicated that: California requires children age 5 and younger (or weighing less than 60 pounds) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. According to MC 2060379, California's CPS law does not apply to buses, which includes vans carrying 10 or more passengers used to transport passengers for compensation or profit or used by a nonprofit organization or group. To the extent that a child care center vehicle does not meet the definition of a bus, the CPS law applies. Although California considered legislation in 2006 to require child restraints through age 7, staff has been unable to determine whether California has considered legislation or regulations to require child care centers to comply with California's CPS law even when using nonconforming buses.

From: State of California, Department of Social Services
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/1/2006 8:14:16 AM MC# 2060379: California's child passenger safety law applies to all motor vehicles except buses and motorcycles. Vans carrying 10 or more persons used to transport persons for compensation or profit, or used by a nonprofit organization or group, are considered buses. If a child icare center vehicle does not fall within the above definition then the lchild passenger safety law applies.

From: State of California, Department of Social Services
To: NTSB
Date: 12/22/2005
Response: Letter Mail Controlled 1/9/2006 2:46:41 PM MC# 2060033: As previously stated, the California Vehicle Code requires that children younger than six (6) years of age or weighing less than 60 pounds must be placed in an appropriate child restraint system and ride in the rear seat, unless they meet specific exceptions. You indicated that California's law does not require the use of booster seats by children age four (4) to eight (8). California's law is not specific, but does indicate that an "appropriate" restraint system shall be used. Child care centers are required to post a PUB 269 -Child Passenger Safety Law poster at the entrance of the center. The poster includes information about the law, including the exceptions. The poster also includes illustrations which demonstrate the appropriate restraint system to use, and indicates that best practice recommends booster seats for children until they are at least 8 years old, unless they are 4'9" tall. (Please see posters in English and Spanish, enclosed.)

From: NTSB
To: State of California, Department of Social Services
Date: 11/23/2005
Response: The Safety Board notes that California requires children younger than 6 years of age or weighing less than 60 pounds to use a child restraint system and to ride in the rear seat. The Board notes that California's law does not require the use of booster seats by children ages 4 to 8, as recommended in Safety Recommendation H-96-14. Children inappropriately restrained in seat belts are 3.5 times more likely to suffer abdominal injury and 4 times more likely to suffer head/brain injury than children appropriately restrained in booster seats. Even without such a law, the Board encourages the CDSS to require age-appropriate booster seats for children ages 4 to 8 being transported by child care providers. Pending implementation of a requirement that all children under age 8 use an appropriate child restraint system or booster seat, Safety Recommendation H-04-10 is classified "Open-Acceptable Response."

From: State of California, Department of Social Services
To: NTSB
Date: 7/20/2004
Response: Letter Mail Controlled 7/29/2004 2:52:40 PM MC# 2040466: AB 1697 (2003) amended the California Vehicle Code Section 27360 to specify the conditions for transporting a child using an appropriate child passenger restraint system in a motor vehicle. The amendments apply to Child Care providers. But, this bill applies mainly to automobiles. Title 22, Section 101225 does require all vehicle occupants to be secured in an appropriate restraint system.

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 2/8/2005
Response: Letter Mail Controlled 2/17/2005 1:27:10 PM MC# 2050071

From: NTSB
To: State of Tennessee, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that, effective January 1, 2007, child care providers will be required to place children through age 7 in booster seats. The Board further notes that the Tennessee Department of Human Services (the Department) has coordinated with other organizations to certify licensing regulators as Child Safety Restraint Technicians who will sponsor statewide classes designed to assist van drivers, facility owners, and operators with child passenger safety. As these actions satisfy the intent of Safety Recommendation H-04-10, it is classified "Closed--Acceptable Action."

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 6/7/2004
Response: Letter Mail Controlled 6/16/2004 11:47:09 AM MC# 2040310 Tennessee's providers have always been required by Department regulations to comply fully with all provisions of the State child restraint laws. However, this law did not previously require the use of booster seats and shoulder belts. Effective January 1, 2007, in conjunction with the requirement for vehicles meeting school bus standards, providers will be required to additionally use booster seats and shoulder belts. This requirement is being phased in because the Department's research found that most child care vehicles currently in use are not fitted with the securing mechanism necessary to properly secure booster seats or shoulder belts - and the improper securing or retrofitting of these devices created a greater risk than not using them at all. Accordingly, by phasing in the requirement providers can order their new vehicle with all of the proper restraint mechanisms installed by the manufacturer. In addition, the Department has partnerships with The Tennessee Child Care Facilities Corporation, the Tennessee Association for the Education of Young Children, the Governor's Highway Safety Office of the Tennessee Department of Transportation and other organizations to certify licensing regulators as Child Safety Restraint Technicians, as well as to sponsor classes statewide designed to assist van drivers, facility owners and operators with child passenger safety.

From: State of Nevada, Department of Human Resources
To: NTSB
Date: 12/30/2014
Response: -From Traci Pearl, Highway Safety Coordinator, Nevada Department of Public Safety, Office of Traffic Safety: Subsection 7 of NRS 484B.157 exempts (a) person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle. Please reference Nevada Administrative Code 432A.200 SERVICES AND FACILITIES FOR CARE OF CHILDREN, as well as NRS (Nevada Revised Statutes) 432A.077, 432A.141, 432A.170, 432A.175. See: http://www.leg.state.nv.us/Division/Legal/LawLibrary/NAC/NAC-432A.html AND http://www.leg.state.nv.us/NRS/NRS-432A.html#NRS432ASec077

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 9/4/2014
Response: Has Nevada taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All states require by law some level of restraint use for children, but the specific laws vary from state to state. Child restraint laws do not always reflect best practices, and not all states have implemented the NTSB’s recommendation that children be transported in child restraints until they are 8 years old. In addition, sometimes child restraint laws do not apply to seat belt equipped vehicles designed to carry more than 10 passengers (nonconforming buses), and many states allow child care centers to transport children in nonconforming buses. Unless separate regulations require child care centers to comply with the existing restraint laws, children may be allowed to ride unrestrained in a center’s vehicles. Therefore, implementation of this recommendation requires that the state both require child restraints through age 7 and apply this requirement to (or do not exempt) child care centers. On May 15, 2009, Minnesota's Governor signed legislation that requires children under age 8 and shorter than 4 feet 9 inches tall to use a child restraint system or booster seat. On May 29, 2009, Texas enacted legislation that requires children younger than 8 years of age, unless the child is taller than 4 feet, 9 inches, to use a child safety seat system. On June 17, 2009, Alaska’s Governor signed legislation that requires child restraints for children under age 8, who weigh more than 20 pounds but less than 65 pounds, and are under 4 feet 9 inches tall. On March 26, 2010, Colorado’s Governor signed legislation that requires children under age 8 to use child restraints when transported in a motor vehicle or in a vehicle operated by a child care center. On May 9, 2011, Georgia’s Governor signed legislation that requires children under age 8 to use a child restraint system. All laws do or will apply to seat belt equipped vehicles that carry more than 10 passengers. For AK, CO, GA, MN, and TX, Safety Recommendation H 04 10 is classified “Closed?Acceptable Action.” Nevada requires children at least through age 5 to use restraints; however, the current law exempts larger vehicles. Connecticut, Illinois, and Mississippi require children at least through age 6 to use child restraints; however, their current laws also exempt larger vehicles. Accordingly, Safety Recommendation H 04 10 is classified “Open?Unacceptable Response,” for Connecticut, Illinois, Mississippi, and Nevada.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Nevada requires children age 5 and younger (and 60 pounds or less) to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. Nevada imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Nevada requires children age 5 and younger (and 60 pounds or less) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Nevada imposes its existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060333) to our 6/2/2006 request for an update, which indicated that: Nevada requires children age 5 and younger (and 60 pounds or less) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Nevada imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. According to MC 2060333, Nevada's CPS Task Force is pursuing legislative changes for the 2007 session; the recommendation is to require child restraints until the child is age 8, unless the child is at least 4 feet, 9 inches tall.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: On April 10, 2007, Virginia's Governor signed Senate Bill 1060/House Bill 1098, which requires children age 7 and younger to use child restraints. Virginia regulations require child care centers to follow State occupant protection laws and not to exceed stated maximum number of passengers allowed for the vehicle. The oversight agency does not require child restraints and seat belts in school buses, but existing CPS and seat belt laws apply to nonconforming buses.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/13/2007
Response: Letter Mail Controlled 7/13/2007 12:22:52 PM MC# 2070347: House Bill 2903, introduced in the 2007 General Assembly, would have required that school buses purchased by, or for use by, any school or school division on or after January 1, 2008, to be equipped with safety belts or safety belts and shoulder harnesses of types approved by the Superintendent of State Police. The bill failed to pass.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060339) to our 6/2/2006 request for an update, which indicated that: Virginia requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. According to MC 2060339, Virginia regulations require child care centers to follow State occupant protection laws and not to exceed stated maximum number of passengers allowed for the vehicle. The oversight agency does not require child restraints and seat belts in school buses. According to information received subsequent to Virginia's annual letter, existing CPS and seat belt laws apply to nonconforming buses.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/17/2006 3:23:50 PM MC# 2060339: There has been no change to Virginia law. Virginia Code 5 46.2-1095 still mandates that any child through the age of 5 be properly secured in a child restraint device. Also the statute requires that any child under 16 be properly secured by a safety belt system. The statute contains a specific exception for taxicabs, school buses, executive sedans, limousines, or the rear cargo area of vehicles other than pickup trucks. Virginia Code 5 46.2-1099 contains further exemptions for vehicles having an interior design which makes the use of such device impractical; or for public transportation, bus, school bus, or farm vehicle. Virginia DMV sought assistance from the Virginia Department of Social Services (VDSS) in responding to this recommendation. VDSS explained that as outlined by the Standards for Child Day Programs: The center shall ensure that during transportation of children: I . Virginia state statutes about safety belts and child restraints are followed and stated maximum number of passengers in a given vehicle shall not be exceeded; VDSS does not require car seats, booster seats, nor seat belts in school buses.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/19/2007
Response: Letter Mail Controlled 7/27/2007 9:44:08 AM MC# 2070376: The State Legislature did pass a bill this session that would require the use of seat belts by all occupants on small vans that are used as school buses. Currently, vehicles with a seating capacity of less than ten occupants that are used to transport students are considered "school buses" according to New York State law, but are not subject to federal school bus safety requirements because the federal requirements only apply to school buses with a seating capacity of ten or more. Therefore, these vehicles having a seating capacity of less than ten are exempt from the federal standards, and, because they are "school buses" under the Section 142 of the Vehicle and Traffic Law, they are also exempt from the New York seat belt laws. This bill would close this loophole and require that all occupants on these vehicles wear seat belts. This bill was delivered to the Governor on July 6,2007, but has not yet been signed into law.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060348, 2060619) to our 6/2/2006 request for an update, which indicated that: New York requires children age 6 and younger (unless 4 feet, 9 inches tall) to use child restraints, but children age 7 are not required to be transported in booster seats. According to MC 2060348, when children are not riding in a recognized school bus, they fall under the existing CPS law and must be in the appropriate restraint.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/19/2006 11:17:40 AM MC# 2060348

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. New Mexico requires children age 6 and younger (or less than 60 pounds) to use child restraints, but children age 7 are not required to be transported in booster seats. Child care center regulations require restraint use.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. North Carolina requires children age 7 and younger (and less than 80 pounds) to use child restraints. North Carolina imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060343) to our 6/2/2006 request for an update, which indicated that: Kansas requires children age 7 and younger (and under 4 feet, 9 inches and 80 pounds) to use child restraints. According to MC 2060343, Kansas' CPS law applies to a passenger car, which is defined as a motor vehicle designed to carry 10 or fewer passengers. Regulations, however, require child care centers to use appropriate restraints based on age and/or weight of the child.

From: State of Kansas, Department of Health and Environment
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/19/2006 9:21:00 AM MC# 2060343

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 9/4/2014
Response: Has Indiana taken action to apply its CPS law to child care center vehicles? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed—Unacceptable Action."

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Indiana requires children age 7 and younger to use child restraints, but only when the driver is licensed in Indiana. Indiana has not provided information on whether it requires child care centers to comply with Indiana's CPS law even when using nonconforming buses.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Indiana requires children age 7 and younger to use child restraints, but only when the driver is licensed in Indiana. Indiana has not provided information on whether it requires child care centers to comply with Indiana's CPS law even when using nonconforming buses.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Indiana requires children age 7 and younger to use child restraints, but only when the driver is licensed in Indiana. Staff has been unable to determine whether Indiana requires child care centers to comply with Indiana's CPS law even when using nonconforming buses.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All states require by law some level of restraint use for children, but the specific laws vary from state to state. Child restraint laws do not always reflect best practices, and not all states have implemented the NTSB’s recommendation that children be transported in child restraints until they are 8 years old. In addition, sometimes child restraint laws do not apply to seat belt equipped vehicles designed to carry more than 10 passengers (nonconforming buses), and many states allow child care centers to transport children in nonconforming buses. Unless separate regulations require child care centers to comply with the existing restraint laws, children may be allowed to ride unrestrained in a center’s vehicles. Therefore, implementation of this recommendation requires that the state both require child restraints through age 7 and apply this requirement to (or do not exempt) child care centers. On May 15, 2009, Minnesota's Governor signed legislation that requires children under age 8 and shorter than 4 feet 9 inches tall to use a child restraint system or booster seat. On May 29, 2009, Texas enacted legislation that requires children younger than 8 years of age, unless the child is taller than 4 feet, 9 inches, to use a child safety seat system. On June 17, 2009, Alaska’s Governor signed legislation that requires child restraints for children under age 8, who weigh more than 20 pounds but less than 65 pounds, and are under 4 feet 9 inches tall. On March 26, 2010, Colorado’s Governor signed legislation that requires children under age 8 to use child restraints when transported in a motor vehicle or in a vehicle operated by a child care center. On May 9, 2011, Georgia’s Governor signed legislation that requires children under age 8 to use a child restraint system. All laws do or will apply to seat belt equipped vehicles that carry more than 10 passengers. For AK, CO, GA, MN, and TX, Safety Recommendation H 04 10 is classified CLOSED--ACCEPTABLE ACTION. Nevada requires children at least through age 5 to use restraints; however, the current law exempts larger vehicles. Connecticut, Illinois, and Mississippi require children at least through age 6 to use child restraints; however, their current laws also exempt larger vehicles. Accordingly, Safety Recommendation H 04 10 is classified “Open?Unacceptable Response,” for Connecticut, Illinois, Mississippi, and Nevada.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Georgia requires children age 5 and younger to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. Georgia imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. Although it did not consider applicable legislation in 2007 or 2008, Georgia actively promotes the use of booster seats for children age 6 and older.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 9/23/2008
Response: Letter Mail Controlled 9/24/2008 1:08:58 PM MC# 2080586: In the 2007 and 2008 legislative sessions, Georgia did not seek legislation to require that children age six and older be restrained in a child safety seat or booster seat. Children age 6 and older must be restrained by a safety belt under Georgia law. Georgia does actively promote the use of booster seats for children age 6 and older although there is no law. We will continue efforts to educate families on safe travel and work to strengthen laws to support best practice for transporting children in all vehicles.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Georgia requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Operators of vehicles that do not meet the definition of "school bus" must follow Georgia's CPS law. Licensed child care center vans that have met certain State safety inspection requirements and are used to transport children over age 4 are exempt, until July 2007, provided that 5-year-old children are properly restrained in seat belts. Multifunctional school activity buses are also exempt.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060422) to our 6/2/2006 request for an update, which indicated that: Georgia requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. According to MC 2060422, operators of vehicles that do not meet the definition of "school bus" must follow Georgia's CPS law. Licensed child care center vans that have met certain State safety inspection requirements and are used to transport children over age 4 are exempt, until July 2007, provided that 5-year-old children are properly restrained in seat belts. Multifunctional school activity buses are also exempt.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 8/22/2006
Response: Letter Mail Controlled 8/24/2006 8:36:35 AM MC# 2060422: If the vehicle is does not meet the definition of a School Bus, the state law must be followed (even by child care providers), and state law requires that all children be in an age appropriate child restraint until age 6, unless the child has reached the height of 4’9”. The child care restraint law has an exemption for multifunctional school activity buses for five year old children. Licensed child care facility vans that have met certain state safety inspection requirements and are used for the transportation of children over four are also exempt, until July 2007, provided five-year-old children are properly restrained by safety belts.

From: NTSB
To: State of Utah, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: On March 17, 2008, Utah's Governor signed H.B. 140, which requires children age 7 and younger (unless 57 inches) to use child restraints. Utah imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people.

From: NTSB
To: State of Utah, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Utah requires children age 4 and younger to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Utah imposes its existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people. It considered applicable legislation in 2006, and according to MC 2070310, Utah considered applicable legislation in 2007.

From: State of Utah, Department of Health
To: NTSB
Date: 6/21/2007
Response: Letter Mail Controlled 7/3/2007 9:06:26 AM MC# 2070310: Utah’s current status has not changed. Booster seat legislation was introduced in the 2007 session but was not passed.

From: NTSB
To: State of Utah, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060367) to our 6/2/2006 request for an update, which indicated that: Utah requires children age 4 and younger to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Utah considered applicable legislation in 2006. Utah imposes its existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people.

From: State of Utah, Department of Health
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/27/2006 3:02:07 PM MC# 2060367: The UHSO suggests the most accurate information may be obtained by contacting: Teresa Whiting, Bureau Director Utah Department of Health Bureau of Child Care Licensing 288 North 1460 West Salt Lake City, Utah 84114-2003

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060344) to our 6/2/2006 request for an update, which indicated that: Wisconsin requires children age 7 and younger (and less than 80 pounds and less than 57 inches tall) to use child restraints. According to MC 2060344, Wisconsin's administrative rules require child care center transportation service providers to comply with all applicable occupant protection laws. Wisconsin is revising these rules to reflect the 2006 amendments to Wisconsin's CPS law.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/19/2006 9:44:12 AM MC# 2060344: State administrative rules require childcare transportation service providers to comply will all applicable occupant protection laws. These rules are being revised regarding the use of booster seats, to reflect 2005 Wisconsin Act 106.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060380) to our 6/2/2006 request for an update, which indicated that: Rhode Island requires children age 6 and younger (or less than 80 pounds or less than 54 inches) to use child restraints, but children age 7 are not required to be transported in booster seats. According to MC 2060380, Rhode Island's Department of Transportation will consider proposing legislation for 2007 to bring its law in compliance with Federal grant requirements. Rhode Island imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. In addition proposed draft regulatory language requires child care centers to follow all State laws and regulations, including those addressing CPS. These requirements predate the issuance of this recommendation.

From: NTSB
To: State of Oregon, Employment Department
Date: 5/17/2005
Response: The Safety Board notes that Oregon requires children 3 and under and weighing 40 pounds or less to be properly restrained in an appropriate child safety seat, and children ages 4 and 5 or weighing 40 to 60 pounds to use a booster seat. Accordingly, Safety Recommendation H-04-10 to the Oregon Employment Department is classified "Closed--Reconsidered," as this requirement was in place before the recommendation was issued.

From: State of Oregon, Employment Department
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 1:49:26 PM MC# 2040211 The Child Care Division of the Oregon Employment Department is responsible for licensing child care businesses and promulgating administrative rules to ensure the health and safety of children in child care. The transportation of children in child care centers is addressed in Oregon Administrative Rule 414-300-0350. Four of the NTSB's seven recommendations (H-04-9, - 10, - 11, - 13) are currently included in the division's rules for certification of child care centers. The full text of the rule may be found at http://findit.emp.state.or.us/childcare/CCDl320701.pdf. The three recommendations that are not included, H-04-8, - 12, and - 14, will be taken under consideration in the next cycle of rule revisions.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 3/9/2005
Response: Letter Mail Controlled 3/17/2005 12:33:35 PM MC# 2050113: Effective July 1, 2002, Washington State passed a law addressing appropriate child passenger restraint requirements for anyone transporting children in a vehicle, including parents and child care providers. Our Traffic Safety Commission sent a mailing to all child care providers that included a Q & A sheet, brochures, posters and an ordering form to obtain additional free information.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 1/31/2005
Response: The Safety Board notes that on July 1, 2002, Washington State passed a law requiring the use of appropriate child passenger restraints by anyone (including parents and child care providers) transporting children in a motor vehicle. Accordingly, Safety Recommendation H-04-10 is classified "Closed--Reconsidered," as the requirement was in place before the recommendation was issued.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 7/2/2004
Response: Letter Mail Controlled 7/13/2004 8:35:15 AM MC# 2040398 Effective July 1, 2002, Washington State passed a law addressing appropriate child passenger restraint requirements for anyone transporting children in a vehicle, including parents and child care providers. Our Traffic Safety Commission sent a maiIing list to all chiid care providers that included a Q & A sheet, brochures, posters and an ordering form to obtain additional free information. ,

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 9/4/2014
Response: No further information is needed at this time to update this recommendation.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: By statute, Ohio requires children age 3 and younger (or less than 40 pounds) to use child restraints, but children age 4 through age 7 are not required to be transported in booster seats. Ohio's regulations require all adults and children to be restrained when riding in a child care center vehicle equipped with seat belts. In addition, the regulations require children to be restrained in accordance with Ohio's child passenger restraint law. Ohio considered applicable legislation in 2008.

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 9/22/2008
Response: Letter Mail Controlled 9/22/2008 2:42:03 PM MC# 2080582: Ohio's regulations require that all children under either 4 years of age or under 401bs be secured in an age appropriate child restraint seat. All children and adults riding in child care vehicles equipped with seat belts must be seated and restrained. Introduced on 0912012007, House Bill 320, sponsored by Representative Shannon Jones, would amend sections 451 I .093, 451 I.8 1, and 4513 .263 of the Revised Code to require certain children who are between four and eight years of age to be secured in a booster seat and to require children who are between eight and eighteen years of age to be restrained in a child restraint system or an occupant restraining device if not otherwise required to be in a child restraint system or booster seat. HB 320 has passed the House and is awaiting hearings in the Senate.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: By statute, Ohio requires children age 3 and younger (or less than 40 pounds) to use child restraints, but children age 4 through age 7 are not required to be transported in booster seats. According to MC 2070311, effective April 6, 2007, Ohio requires children age 4 through age 15 to be restrained in all seating positions. Its regulations require all adults and children to be restrained when riding in a child care center vehicle equipped with seat belts. In addition, the regulations require children to be restrained in accordance with Ohio's child passenger restraint law. Ohio considered applicable legislation in 2006 and 2007.

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 9:24:01 AM MC# 2070311: Sub S.B. 343 passed the General Assembly and effective April 6, 2007, children age 4-15 years of age are required to use appropriate child restraint or seat belts when riding in a motor vehicle equipped with seat belts in all positions.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060327) to our 6/2/2006 request for an update, which indicated that: By statute, Ohio requires children age 3 and younger (or less than 40 pounds), riding with an Ohio resident, to use child restraints, but children age 4 through age 7 are not required to be transported in booster seats. Ohio only requires front seat occupants to use seat belts once an occupant reaches age 4. According to information received subsequent to Ohio's annual letter, Ohio's regulations require all adults and children to be restrained when riding in a child care center vehicle equipped with seat belts. In addition, the regulations require children to be restrained in accordance with Ohio's child passenger restraint law. Ohio considered applicable legislation in 2006.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 7/6/2005
Response: The Safety Board notes that Ohio requires that infants through children age 3 and weighing less than 40 pounds be properly restrained in an appropriate child safety seat. The Board notes, however, that Ohio does not have a law requiring the use of booster seats for children 4 to 8 years old, as recommended in Safety Recommendation H-96-14 (enclosed). Children inappropriately restrained in seat belts are 3.5 times more likely to suffer abdominal injury and 4 times more likely to suffer head/brain injury than children appropriately restrained in booster seats. Even without a law, the Board encourages the Ohio Department of Job and Family Services to use age-appropriate booster seats for 4- to 8-year-old children. Accordingly, Safety Recommendation H-04-10 is classified "Open--Acceptable Response, pending a requirement that children ages 4 to 8 use an age?appropriate child restraint system or booster seat."

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 2:26:08 PM MC# 2040215 These recommendations are a result of the Safety Board's investigation into the April 4, 2002 accident involving a child care van in Memphis, Tennessee. Ohio's Child Care Licensing Rules currently provides for compliance with four of the seven recommendations made by NSTB, namely requirements for vehicle standards and maintenance, restraint usage, and driver fitness. The three other recommendations regarding use of vehicles meeting school bus standards, driver drug testing, and the requirement that child care vehicle be labeled with both the center and the oversight agency's names and phone numbers will be further explored for rule revision consideration.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 9/4/2014
Response: No further information is needed at this time to update this recommendation.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Arizona requires children age 4 and younger to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Arizona imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. Arizona considered applicable legislation in 2007.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Arizona requires children age 4 and younger to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Arizona imposes its existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people. Arizona considered applicable legislation in 2006 and 2007.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Arizona requires children age 4 and younger to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Arizona imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. Arizona considered applicable legislation in 2005 and 2006.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 7/6/2005
Response: The Safety Board notes that Arizona Administrative Code Title 9, Chapter 5 § R9-5-517 requires that children 4 years of age and younger, or who weigh 40 pounds or less, use a child restraint system when transported in a motor vehicle. The Board notes, however, that Arizona does not have a law requiring the use of booster seats for children 4 to 8 years old, as recommended in Safety Recommendation H-96-14 (enclosed). Children inappropriately restrained in seat belts are 3.5 times more likely to suffer abdominal injury and 4 times more likely to suffer head/brain injury than children appropriately restrained in booster seats. Even without a law, the Board encourages the department to require age-appropriate booster seats for 4- to 8-year-old children being transported by child care providers. Pending a requirement that occupants through age 8 use an appropriate child restraint system or booster seat, Safety Recommendation H-04-10 is classified "Open--Acceptable Response."

From: State of Arizona, Department of Health Services
To: NTSB
Date: 7/19/2004
Response: Letter Mail Controlled 7/26/2004 12:16:09 PM MC# 2040456 The Arizona Department of Health Services (Department) received your letter dated April 21, 2004 regarding child care transportation safety issues. Catherine Eden, Director of the Department, requested that I respond to your concerns and recommendations on her behalf. In your letter, you requested that we review your submitted recommendations for a comprehensive child care transportation safety program. The Department has reviewed the recommendations and is providing a summary of the Department's rules which do not require further action: · A regular vehicle maintenance and inspection program; · A requirement that occupants wear age-appropriate restraints at all times; · A requirement that drivers receive a criminal background check, and · Review by oversight agency of periodic driver background checks.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that Iowa currently requires children under age 3 to be secured in an age-appropriate restraint and children ages 3 through 5 to be restrained, at a minimum, in a seat belt. The Board also notes licensed child care centers cannot transport children in the front seats of vehicles. Effective January 1, 2006, Iowa law will require that children under age 1 and weighing less than 20 pounds be restrained in a rear-facing child restraint system, children ages 2 through 5 be secured in a child restraint system, and children ages 6 through 11 be secured, at a minimum, with a seat belt. The current restriction against children riding in the front seat of a vehicle belonging to a licensed child care center will not change. City buses and school buses are exempt from these child restraint requirements. The Board commends Iowa's enhancement of the State's child passenger restraint law. Accordingly, Safety Recommendation H-04-10 is classified "Closed--Acceptable Action," as Iowa will implement a child restraint requirement in January 2006.

From: State of Iowa, Department of Human Services
To: NTSB
Date: 7/14/2004
Response: Letter Mail Controlled 7/20/2004 2:46:30 PM MC# 2040427 The other three recommendations are addressed in Iowa's licensing laws and regulations. These recommendations and Iowa's requirements are as follows: * A requirement that occupants wear age-appropriate restraints at all times. Iowa's requirement is that children under the age of three be secured during transit by a child restraint system, children age three through five be secured during transit at a minimum with a scat belt, and children in a licensed child care center cannot be transported in the front seat of a vehicle. Effective January 1, 2006, children under age one and weighing less than 20 lbs will need to be secured during transit in a rear-facing child restraint system, children two through five secured during transit by a child restraint system, a child six through eleven secure during transit at a minimum with a seat belt, and children in a licensed child care center cannot be transported in the front seat of a vehicle. City buses and school buses are exempt from these child passenger restraint requirements.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All states require by law some level of restraint use for children, but the specific laws vary from state to state. Child restraint laws do not always reflect best practices, and not all states have implemented the NTSB’s recommendation that children be transported in child restraints until they are 8 years old. In addition, sometimes child restraint laws do not apply to seat belt equipped vehicles designed to carry more than 10 passengers (nonconforming buses), and many states allow child care centers to transport children in nonconforming buses. Unless separate regulations require child care centers to comply with the existing restraint laws, children may be allowed to ride unrestrained in a center’s vehicles. Therefore, implementation of this recommendation requires that the state both require child restraints through age 7 and apply this requirement to (or do not exempt) child care centers. On May 15, 2009, Minnesota's Governor signed legislation that requires children under age 8 and shorter than 4 feet 9 inches tall to use a child restraint system or booster seat. On May 29, 2009, Texas enacted legislation that requires children younger than 8 years of age, unless the child is taller than 4 feet, 9 inches, to use a child safety seat system. On June 17, 2009, Alaska’s Governor signed legislation that requires child restraints for children under age 8, who weigh more than 20 pounds but less than 65 pounds, and are under 4 feet 9 inches tall. On March 26, 2010, Colorado’s Governor signed legislation that requires children under age 8 to use child restraints when transported in a motor vehicle or in a vehicle operated by a child care center. On May 9, 2011, Georgia’s Governor signed legislation that requires children under age 8 to use a child restraint system. All laws do or will apply to seat belt equipped vehicles that carry more than 10 passengers. For AK, CO, GA, MN, and TX, Safety Recommendation H 04 10 is classified CLOSED--ACCEPTABLE ACTION. Nevada requires children at least through age 5 to use restraints; however, the current law exempts larger vehicles. Connecticut, Illinois, and Mississippi require children at least through age 6 to use child restraints; however, their current laws also exempt larger vehicles. Accordingly, Safety Recommendation H 04 10 is classified “Open?Unacceptable Response,” for Connecticut, Illinois, Mississippi, and Nevada.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Alaska requires children under age 4 to be in child restraints, but children age 5 through age 7 are not required to be transported in booster seats. By regulation, it requires child care centers to use age-appropriate restraints at all times, but the regulation references Alaska's child restraint law. Alaska did not consider applicable legislation in 2007, but did consider legislation in 2008.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 7/28/2008
Response: Letter Mail Controlled 8/12/2008 3:54:55 PM MC# 2080480: DOT&PF Response: Alaska's child protection safety bill, SB218, was headed for the House floor for a vote when the Legislature ended its session. Senator French intends to reintroduce the bill in the 2009 legislative session. SB 2 18 met the Federal requirements for CPS section 2011 funds.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 6/16/2008
Response: Letter Mail Controlled 6/19/2008 9:40:18 AM MC# 2080337: By regulation, Alaska requires child care centers to use age-appropriate restraints at all times, but Alaska statute does not mandate booster seats for children age 4 through age 7. It is unclear whether the regulation mandating child care centers use age-appropriate restraints includes mandating booster seats for children age 4 through age 7, even when the law does not require their use. Children shall not occupy the front seat if the vehicle is equipped with a operational air bag on the passenger side.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Alaska requires children under age 4 to be in child restraints, but children age 5 through age 7 are not required to be transported in booster seats. By regulation, it requires child care centers to use age-appropriate restraints at all times, but the regulation references Alaska's child restraint law. Alaska did not consider applicable legislation in 2006 or 2007.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060408) to our 6/2/2006 request for an update, which indicated that: Alaska requires children under age 4 to be in child restraints, but children age 5 through age 7 are not required to be transported in booster seats. By regulation, Alaska requires child care centers to use age-appropriate restraints at all times, but the regulation references Alaska's child restraint law. Alaska did not consider applicable legislation in 2005 or 2006.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 8/15/2006
Response: Letter Mail Controlled 8/17/2006 3:06:15 PM MC# 2060408: By regulation. Alaska requires child care centers to use age-appropriate restraints at all times, but Alaska statute does not mandate booster seats for children age 4 through age 7 It is unclear whether the regulation mandating child care centers use age-appropriate restraints includes mandating booster seats for children age 4 through age 7, even when the law does not require their use. Children shall not occupy the front seat if the vehicle is equipped with a operational air bag on the passenger side.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/28/2005
Response: The Safety Board notes that Alaska Statute (AS) Title 28 § 28.05.095(b) states the following: except as provided in (c) of this section, a driver may not transport a child under the age of 16 in a motor vehicle unless the driver has provided the required safety device and properly secured each child as described in this subsection. If the child is less than four years of age, the child shall be properly secured in a child safety device meeting the standards of the United States Department of Transportation for a child safety device for infants. If the child is four but not yet 16 years of age, the child shall be properly secured in a child safety device approved for a child of that age and size by the United States Department of Transportation or in a safety belt, whichever is appropriate for the particular child…. The Board notes, however, that Alaska does not have a law requiring the use of booster seats for children 4 to 8 years old, as recommended in Safety Recommendation H-96-14 (enclosed). Children inappropriately restrained in seat belts are 3.5 times more likely to suffer abdominal injury and 4 times more likely to suffer head/brain injury than children appropriately restrained in booster seats. Even without such a law, the Board encourages the Department of Health and Social Services (DHHS) to require age-appropriate booster seats for 4- to 8-year-old children being transported by child care providers. Pending a requirement that children 4 to 8 years old be required to use an age- and size-appropriate child restraint system or booster seat, Safety Recommendation H-04-10 is classified "Open--Acceptable Response."

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 6/24/2004
Response: Letter Mail Controlled 7/13/2004 9:07:03 AM MC# 2040403 Alaska Statute at Title 47.35 and Administrative Code 4 AAC 62 give our Division of Public Assistance, Child Care Program Office authority to monitor and provide oversight to all state-licensed child care facilities. Transportation is specifically addressed as follows: 4AAC 62.465 requires that occupants wear age-appropriate restraints at all times.

From: NTSB
To: District of Columbia, Department of Health
Date: 9/4/2014
Response: Has the District of Columbia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: District of Columbia, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: The District of Columbia requires children age 7 and younger to use child restraints. It does not impose the existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. The District has not provided information on whether it considered legislation or regulations to require child care centers to comply with the District's CPS law even when using nonconforming buses.

From: NTSB
To: District of Columbia, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: The District of Columbia requires children age 7 and younger to use child restraints. It does not impose the existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people. The District has not provided information on whether it considered legislation or regulations to require child care centers to comply with the District's CPS law even when using nonconforming buses.

From: NTSB
To: District of Columbia, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. The District of Columbia requires children age 7 and younger to use child restraints. The District does not impose the existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. Staff has been unable to determine whether the District considered legislation or regulations to require child care centers to comply with the District's CPS law even when using nonconforming buses.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 8/16/2006
Response: Letter Mail Controlled 12/19/2006 9:13:50 AM MC# 2060598: This safety recommendation was classified "closed-reconsidered" because this requirement was in place before the recommendation was issued.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 4/12/2005
Response: Your letter indicates that Oklahoma law requires all children under the age of 6 to use a child restraint system when transported in a motor vehicle. The law also requires children ages 6 through 13 to use either a passenger restraint system or a seat belt when transported in a motor vehicle. This law went into effect on March 31, 2004. Safety Recommendation H-04-10 is classified "Closed--Reconsidered" because this requirement was in place before the recommendation was issued.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 7/13/2004
Response: Letter Mail Controlled 7/19/2004 11:47:15 AM MC# 2040420 Oklahoma currently provides oversight for child care transportation through state licensing requirements that include: · Oklahoma state law requires that all children under the age of six be transported using either a passenger restraint system. A child age 6 to 13may be transported using either a passenger restrain system or a seat belt. A committee has been established and is meeting to discuss the possibility of drug and alcohol testing for employees that have a criminal history involving the use of alcohol and/or drugs. The child care licensing staff in Oklahoma have surveyed all child care centers to determine if they use 15 passenger vans in transporting children, if their insurance companies have placed any stipulations on their use of these vans, and if any modifications have been made to the van due to safety concerns. If was determined that approximately 1/3 of the licensed child care centers in Oklahoma are using 15 passenger vans and that very few insurance companies have placed any stipulations on the use of these vans. Due to the safety concerns, an information letter will be mailed to all licensed child care centers. The letter includes the safety recommendations from the National Transportation Safety Board regarding the of use of vehicles built to school bus standard (see attached). The Oklahoma DHS Division of Child Care will also share this information with the Child Care Advisory Committee for the consideration of a revision to licensing requirements. We will notify you of changes made in the future.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 9/4/2014
Response: Has Louisiana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Louisiana requires children age 5 and younger (or 60 pounds or less) to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. It does not impose its existing CPS or seat belt laws on seat belt–equipped vehicles that carry more than 10 people. Louisiana has not provided information on whether it considered legislation or regulations to require child care centers to comply with Louisiana's CPS law even when using nonconforming buses.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Louisiana requires children age 5 and younger (or 60 pounds or less) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. It does not impose its existing CPS or seat belt laws on seat belt-equipped vehicles that carry more than 10 people. Louisiana has not provided information on whether it considered legislation or regulations to require child care centers to comply with Louisiana's CPS law even when using nonconforming buses.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060312) to our 6/2/2006 request for an update, which indicated that: Louisiana requires children age 5 and younger (or 60 pounds or less) to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Louisiana does not impose its existing CPS or seat belt laws on seat belt-equipped vehicles that carry more than 10 people. According to MC 2060312, Louisiana did not take legislative action in 2006. Staff has been unable to determine whether Louisiana considered legislation or regulations to require child care centers to comply with Louisiana's CPS law even when using nonconforming buses.

From: State of Louisiana, Department of Social Services
To: NTSB
Date: 6/26/2006
Response: Letter Mail Controlled 7/5/2006 11:21:45 AM MC# 2060312: LA R.S 32:295 requires children under 6 to be in a child restraint system that is age and size appropriate, in accordance to manufacturers’ recommendations. Children under age 13 must be restrained by a lap belt, shoulder harness or an age/size appropriate child safety seat. No recent legislative action taken.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All states require by law some level of restraint use for children, but the specific laws vary from state to state. Child restraint laws do not always reflect best practices, and not all states have implemented the NTSB’s recommendation that children be transported in child restraints until they are 8 years old. In addition, sometimes child restraint laws do not apply to seat belt equipped vehicles designed to carry more than 10 passengers (nonconforming buses), and many states allow child care centers to transport children in nonconforming buses. Unless separate regulations require child care centers to comply with the existing restraint laws, children may be allowed to ride unrestrained in a center’s vehicles. Therefore, implementation of this recommendation requires that the state both require child restraints through age 7 and apply this requirement to (or do not exempt) child care centers. On May 15, 2009, Minnesota's Governor signed legislation that requires children under age 8 and shorter than 4 feet 9 inches tall to use a child restraint system or booster seat. On May 29, 2009, Texas enacted legislation that requires children younger than 8 years of age, unless the child is taller than 4 feet, 9 inches, to use a child safety seat system. On June 17, 2009, Alaska’s Governor signed legislation that requires child restraints for children under age 8, who weigh more than 20 pounds but less than 65 pounds, and are under 4 feet 9 inches tall. On March 26, 2010, Colorado’s Governor signed legislation that requires children under age 8 to use child restraints when transported in a motor vehicle or in a vehicle operated by a child care center. On May 9, 2011, Georgia’s Governor signed legislation that requires children under age 8 to use a child restraint system. All laws do or will apply to seat belt equipped vehicles that carry more than 10 passengers. For AK, CO, GA, MN, and TX, Safety Recommendation H 04 10 is classified CLOSED--ACCEPTABLE ACTION. Nevada requires children at least through age 5 to use restraints; however, the current law exempts larger vehicles. Connecticut, Illinois, and Mississippi require children at least through age 6 to use child restraints; however, their current laws also exempt larger vehicles. Accordingly, Safety Recommendation H 04 10 is classified “Open?Unacceptable Response,” for Connecticut, Illinois, Mississippi, and Nevada.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Colorado requires children age 5 and younger (or less than 55 inches) to use child restraints, with secondary enforcement for booster seat–age children, but children ages 6 and 7 are not required to be transported in booster seats. The existing CPS law applies to vehicles used by child care centers, except when child care centers use commercial motor vehicles, which by statutory definition carry 16 or more passengers and have a gross vehicle weight rating of 26,001.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Colorado requires children age 5 and younger (or less than 55 inches) to use child restraints, with secondary enforcement for booster seat–age children, but children age 6 through age 7 are not required to be transported in booster seats. The existing CPS law applies to vehicles used by child care centers, except when child care centers use commercial motor vehicles, which by statutory definition carry 16 or more passengers and have a gross vehicle weight rating of 26,001.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060338) to our 6/2/2006 request for an update, which indicated that: Colorado requires children age 5 and younger (or less than 55 inches) to use child restraints, with secondary enforcement for booster seat–age children, but children age 6 through age 7 are not required to be transported in booster seats. According to MC 2060338, the existing CPS law applies to vehicles used by child care centers, except when child care centers use commercial motor vehicles, which by statutory definition carry 16 or more passengers and have a gross vehicle weight rating of 26,001.

From: State of Colorado, Department of Human Services
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 2:33:55 PM MC# 2060338: CRS 42-4-236. Child restraint systems required, cites: Unless excepted, every child, who is at least four years of age or weighs forty pounds or more, being transported in this state in a privately owned noncommercial vehicle or in a vehicle operated by a child care center, shall be properly secured by safety devices approved for a child of such age or weight by the US DOT, or in a safety belt, whichever is appropriate for the child. Exception being a child who:ls being transported in a commercial motor vehicle that is operated by a child care center.

From: State of Alabama, Department of Human Resources
To: NTSB
Date: 12/11/2014
Response: -From Bill Whatley, Public Safety Unit Chief, Law Enforcement and Traffic Safety Division, Alabama Department of Economic and Community Affairs: No legislation was introduced to implement this program.

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 9/4/2014
Response: Has Alabama taken action to apply this requirement to all child care center vehicles? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Alabama requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Children under age 6 are required to be in child safety seats or booster seats, and children age 6 through age 14 must be restrained by a seat belt no matter the seating position. This CPS law does not apply to vans that transport more than 10 occupants. Regulatory changes effective December 2006 eliminated the van exemption in the CPS law and required restraint use regardless of the size of the vehicle.

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Alabama requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Children under age 6 are required to be in child safety seats or booster seats, while children age 6 through age 14 must be restrained by a seat belt no matter the seating position. This CPS law does not apply to vans that transport more than 10 occupants. According to MC 2070372, Alabama requires that the driver and all passengers be secured in a passenger restraint system at all times when the vehicle is moving. Regulations specify restraint use that appear to be in accordance with Alabama's CPS law. According to information received subsequent to Alabama's annual letter, regulatory changes effective December 2006 eliminated the van exemption in the CPS law and required restraint use regardless of the size of the vehicle.

From: State of Alabama, Department of Human Resources
To: NTSB
Date: 7/24/2007
Response: Letter Mail Controlled 7/25/2007 3:19:46 PM MC# 2070372: DHR’s Minimum Standards for Day Care Centers and Nighttime Centers require for all vehicles: (4) The driver of the vehicle and all passengers shall be secured in a passenger restraint system at all times when the vehicle is moving. (5) Each child shall be properly secured using an aftermarket or integrated child passenger restrain system meeting applicable state and federal motor vehicle safety standards. Each child passenger restrain system shall be appropriate for the age and size of the child (a) Each child younger than one (1) year of age or weighing less than twenty (20) pounds shall be secured in an infant only or a convertible seat used in a rear facing position which is properly anchored to the vehicle, installed and used according to the manufacturer’s instructions and maintained in good condition. (b) Each child younger than five (5) years of age or weighing less than 40 pounds shall be properly secured in a convertible seat in the forward facing position or in a forward facing seat which is properly anchored to the vehicle, installed and used according to the manufacturer’s instructions and maintained in good condition. (c) Each child younger than sex (6) years of age shall be properly secured in a booster seat which is properly anchored to the vehicle, installed and used according to the manufacturer’s instructions and maintained in good condition. (d) Each child six (6) years of age and older, the driver, and each adult passenger shall be secured in an individual seat belt, which is properly anchored to the vehicle.

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Alabama requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. The CPS law applies only to vehicles weighing 1 ton or less, and the seat belt law applies only to motor vehicles designed for carrying 10 or fewer passengers. Staff has been unable to determine whether Alabama considered legislation or regulations to require child care centers to comply with Alabama's CPS law even when using nonconforming buses.

From: Commonwealth of Massachusetts, Office of Child Care Services
To: NTSB
Date: 3/24/2015
Response: -From Krystian Boreyko, Program Coordinator, Highway Safety Division, Office of Grants and Research, Executive Office of Public Safety and Security: Massachusetts requires children age 7 and younger (unless 57 inches) to use child restraints. Massachusetts has not provided information on whether it requires child care centers to comply with its CPS law even when using nonconforming buses. Does Massachusetts' CPS law apply to child care centers? If not, has Massachusetts taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action." Massachusetts Regulation 606 CMR 7.13, 6-Transportation Safety (b) states that "Suitable car seats, safety carriers, restraints or seat belts must be provided for and used by each child, driver and attendant in all vehicles containing fewer than 16 passenger seats. All car restraints must meet the U.S. Department of Transportation Federal Motor Vehicle safety Standards guidelines and must be crash tested and child approved."

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 9/4/2014
Response: Does Massachusetts' CPS law apply to child care centers? If not, has Massachusetts taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: On April 11, 2008, Massachusetts' Governor signed S.B. 2018, which requires children age 7 and younger (unless 57 inches) to use child restraints. Massachusetts has not provided information on whether it requires child care centers to comply with Massachusetts' CPS law even when using nonconforming buses.

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Massachusetts requires children age 4 and younger (and 40 pounds or less) to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Massachusetts has not provided information on whether it requires child care centers to comply with Massachusetts' CPS law even when using nonconforming buses.

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Massachusetts requires children age 4 and younger (and 40 pounds or less) to use child restraints, but children age 5 through age 7 are not required to be transported in booster seats. Staff has been unable to determine whether Massachusetts requires child care centers to comply with Massachusetts' CPS law even when using nonconforming buses.

From: NTSB
To: Commonwealth of Pennsylvania, Department of Public Welfare
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060366) to our 6/2/2006 request for an update, which indicated that: According to MC 2060366, child care transportation vehicles are considered school buses in Pennsylvania. Pennsylvania requires children age 7 and younger to use child restraints, and this requirement predates the issuance of this recommendation, but Pennsylvania's CPS and seat belt laws do not apply to school buses. According to information received subsequent to Pennsylvania's annual letter, child care centers must comply with the CPS and seat belt laws when transporting children in passenger vehicles. Small school buses (less than 10,000 pounds) have seat belts, and child care centers are required to use available seat belts, but the specific elements of Pennsylvania's CPS law do not apply.

From: Commonwealth of Pennsylvania, Department of Public Welfare
To: NTSB
Date: 7/20/2006
Response: Letter Mail Controlled 7/27/2006 2:23:06 PM MC# 2060366

From: NTSB
To: State of North Dakota, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060383) to our 6/2/2006 request for an update, which indicated that: North Dakota requires children age 6 and younger (unless 57 inches tall or weighs 80 pounds) to use child restraints, but children age 7 are not required to be transported in booster seats. North Dakota imposes its existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people.

From: NTSB
To: State of Michigan, Family Independence Agency
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: On March 27, 2008, Michigan Governor signed S.B. 82, which requires children age 7 and younger (and less than 4 feet 9 inches) to use child restraints. Michigan's child care center regulations require that children be transported according to Michigan's child passenger safety and occupant protection laws and the manufacturer's rated seating capacity.

From: NTSB
To: State of Michigan, Family Independence Agency
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Michigan requires children age 3 and younger to use child restraints to use child restraints, but children age 4 through age 7 are not required to be transported in booster seats. According to MC 2070323, Michigan's child care center regulations require that children be transported according to Michigan's child passenger safety and occupant protection laws and the manufacturer's rated seating capacity. Michigan considered applicable legislation in 2006 and 2007.

From: State of Michigan, Family Independence Agency
To: NTSB
Date: 7/17/2007
Response: Letter Mail Controlled 7/24/2007 2:34:36 PM MC# 2070369: Updated response has been provided by Michigan Department of Community Health.

From: State of Michigan, Family Independence Agency
To: NTSB
Date: 7/5/2007
Response: Letter Mail Controlled 7/5/2007 12:16:55 PM MC# 2070323: Confirmed. R400.5607 requires all children being transported to be restrained by a passenger restraint device as defined by 1949 PA 300, MCL 257.710(d) (l), and MCL 257.710e(3) and(4), and manufacturer's rated seating capacity.

From: NTSB
To: State of Michigan, Family Independence Agency
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060342) to our 6/2/2006 request for an update, which indicated that: Michigan requires children age 3 and younger to use child restraints to use child restraints, but children age 4 through age 7 are not required to be transported in booster seats. According to MC 2060342, Michigan's child care center regulations require child care centers to transport all children less than 65 pounds in care seats that meet Federal standards. These new licensing rules took effect December 7, 2006. According to information received subsequent to Michigan's annual letter, Michigan's child care center regulations require that children be transported according to Michigan's child passenger safety and occupant protection laws. Michigan considered applicable legislation in 2005 and 2006.

From: State of Michigan, Family Independence Agency
To: NTSB
Date: 7/17/2006
Response: Letter Mail Controlled 7/19/2006 8:19:57 AM MC# 2060342: R400.5601 (a) All children less than 65 pounds must be transported in car seats that meet FMCSR 571.213.

From: State of Connecticut, Department of Public Health
To: NTSB
Date: 12/4/2014
Response: -From Joseph T. Cristalli, Jr., Principal Safety Program Coordinator, State of Connecticut, Department of Transportation: ( DMV response) Connecticut requires children 6 years and younger, who weigh less than 60 lbs, to be restrained in a child restraint system, booster seats may only be used in a seating position with a lap and shoulder belt. Connecticut's CPS law does not apply to child care vehicles. The underlined sentence should be replaced with the following: Under section 14-100a{d}{3}, " ... any person who transports a child four years of age or older in a student transportation vehicle, as defined in section 14-212, on the highways of this state shall either provide and require the child to use an approved child restraint system or require the child to use a seat safety belt. Any person who transports a child under Four years of age weighing less than forty pounds in a student transportation vehicle on the highways of this state shall provide and require the child to use a child restraint system approved pursuant to regulations adopted by the Department of Motor Vehicles in accordance with the provisions of chapter 54."

From: NTSB
To: State of Connecticut, Department of Public Health
Date: 9/4/2014
Response: Has Connecticut taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Connecticut, Department of Public Health
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All states require by law some level of restraint use for children, but the specific laws vary from state to state. Child restraint laws do not always reflect best practices, and not all states have implemented the NTSB’s recommendation that children be transported in child restraints until they are 8 years old. In addition, sometimes child restraint laws do not apply to seat belt equipped vehicles designed to carry more than 10 passengers (nonconforming buses), and many states allow child care centers to transport children in nonconforming buses. Unless separate regulations require child care centers to comply with the existing restraint laws, children may be allowed to ride unrestrained in a center’s vehicles. Therefore, implementation of this recommendation requires that the state both require child restraints through age 7 and apply this requirement to (or do not exempt) child care centers. On May 15, 2009, Minnesota's Governor signed legislation that requires children under age 8 and shorter than 4 feet 9 inches tall to use a child restraint system or booster seat. On May 29, 2009, Texas enacted legislation that requires children younger than 8 years of age, unless the child is taller than 4 feet, 9 inches, to use a child safety seat system. On June 17, 2009, Alaska’s Governor signed legislation that requires child restraints for children under age 8, who weigh more than 20 pounds but less than 65 pounds, and are under 4 feet 9 inches tall. On March 26, 2010, Colorado’s Governor signed legislation that requires children under age 8 to use child restraints when transported in a motor vehicle or in a vehicle operated by a child care center. On May 9, 2011, Georgia’s Governor signed legislation that requires children under age 8 to use a child restraint system. All laws do or will apply to seat belt equipped vehicles that carry more than 10 passengers. For AK, CO, GA, MN, and TX, Safety Recommendation H 04 10 is classified “Closed?Acceptable Action.” Nevada requires children at least through age 5 to use restraints; however, the current law exempts larger vehicles. Connecticut, Illinois, and Mississippi require children at least through age 6 to use child restraints; however, their current laws also exempt larger vehicles. Accordingly, Safety Recommendation H 04 10 is classified “Open?Unacceptable Response,” for Connecticut, Illinois, Mississippi, and Nevada.

From: NTSB
To: State of Connecticut, Department of Public Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Connecticut requires children age 6 and younger (and less than 60 pounds) to use child restraints, but children age 7 are not required to be transported in booster seats. Connecticut's CPS law applies to child care centers, and child care regulations require compliance with all applicable motor vehicle laws. However, its law exempts buses having a tonnage rating of 1 ton or more, and children age 4 and over, riding in Student Transportation Vehicles as defined by CGS 14-212, can use either a child restraint or seat belt. Connecticut has considered improvements to its CPS law, but presently relies on extensive public awareness.

From: NTSB
To: State of Connecticut, Department of Public Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Connecticut requires children age 6 and younger (and less than 60 pounds) to use child restraints, but children age 7 are not required to be transported in booster seats. Connecticut's CPS law applies to child care centers, and Child Care Regulations require compliance with all applicable motor vehicle laws. However, its law exempts buses having a tonnage rating of 1 ton or more, and children age 4 and over, riding in Student Transportation Vehicles as defined by CGS 14-212, can use either a child restraint or seat belt. Although Connecticut considered legislation that would have eliminated the exemption, the legislation did not pass.

From: NTSB
To: State of Connecticut, Department of Public Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060388) to our 6/2/2006 request for an update, which indicated that: Connecticut requires children age 6 and younger (and less than 60 pounds) to use child restraints, but children age 7 are not required to be transported in booster seats. According to MC 2060388, Connecticut's CPS law applies to child care centers, and Child Care Regulations require compliance with all applicable motor vehicle laws. However, Connecticut's law exempts buses having a tonnage rating of 1 ton or more, and children age 4 and over, riding in Student Transportation Vehicles as defined by CGS 14-212, can use either a child restraint or seat belt. Although Connecticut considered legislation that would have eliminated the exemption, the legislation was not successful.

From: State of Connecticut, Department of Public Health
To: NTSB
Date: 8/4/2006
Response: Letter Mail Controlled 8/7/2006 8:37:54 AM MC# 2060388: CT's law does apply to child care centers; CT Child Care Regulations require compliance with all applicable motor vehicle laws. However CT's Child Restaint law exempts buses having a tonnage rating of one ton or more. CT's Child Restraint law also allows children age 4 years and over, riding in Student Transportation Vehicles as defined by CGS 14-212, to use either a child restraint or safety belt. Legislation was proposed in 2006 that would have eliminated the exemption but was not successful. CT CPS advocates repeatedly have proposed booster seat legislation covering up to 8 years but the compromise bill finally passed only [message truncated]

From: NTSB
To: State of South Dakota, Department of Social Services
Date: 5/31/2005
Response: The Safety Board notes that South Dakota requires children under the age of 5 to be properly secured in a child restraint system when transported in a passenger vehicle and that this requirement was in place before the recommendation was issued. Accordingly, Safety Recommendation H-04-10 is classified "Closed--Reconsidered."

From: State of South Dakota, Department of Social Services
To: NTSB
Date: 4/28/2004
Response: The South Dakota Department of Social Services, Office of Child Care Services (CCS) provides oversight to registered and licensed child care programs. In regards to transportation of children, South Dakota regulations require licensed child care programs to: · obtain automobile liability insurance for any vehicle used to transport children; · abide by South Dakota Codified Laws 32-37-1 & 32-37-1.1 which require children who are transported to be properly secured in a child passenger restraint system according to its manufacturer's instructions; · maintain a set staff to child ratio for children being transported, except when transporting to and from school. In South Dakota, drivers of a 15passenger van (or larger) are required to have a Class C Commercial Drivers License (CDL). The CDL consists of a written test and skills test that assures the driver does have a minimum level of knowledge and skill to drive the van before they transport children. Drug testing is not mandated but up to the individual program. CCS is interested in determining what types of vehicles are used to transport children by child care programs in our state. We will share with these providers the recommendations and the reasons NTSB developed these recommendations so they can make informed decisions regarding the transportation of children in their programs.

From: State of Nebraska, Department of Health and Human Services
To: NTSB
Date: 11/14/2014
Response: -From Fred E. Zwonechek, Administrator, Nebraska Office of Highway Safety: Nebraska has not yet taken action to fully implement this recommendation and no immediate action has been planned.

From: NTSB
To: State of Nebraska, Department of Health and Human Services
Date: 9/4/2014
Response: The National Transportation Safety Board has issued a number of safety recommendations to Nebraska related to highway safety improvements. This letter addresses 18 highway safety recommendations currently in an open status to Nebraska. We are interested in knowing whether and how our safety recommendations are implemented, both to ensure that the traveling public is provided the highest level of safety and to identify creative solutions that might be shared with others. Normally, we expect actions to address our safety recommendations to be completed within 5 years. To monitor implementation of our highway safety recommendations, we are sending you this letter to (1) detail what our records show of actions taken by Nebraska to implement our recommendations, and (2) request from you verification and/or updates of our information. Although some of the information we are seeking will require you to contact other agencies or departments, we would appreciate receiving a response from you within 90 days from the date of this letter, informing us of actions that have been taken or that are planned to be taken to implement all of the recommendations listed in the enclosed table. Pending our timely receipt of your reply, the recommendations will retain their current classification, as indicated in the table. Please inform us about the progress of Nebraska’s actions to implement the indicated safety recommendations, preferably electronically at correspondence@ntsb.gov. The response does not need to come from the Governor but can come from you or the Governor’s Highway Safety Coordinator. Please include in your response any additional relevant information to assist us in evaluating actions taken to meet the intent of the recommendations and correct any erroneous information. If a response, including attachments, exceeds 10 megabytes, please e mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response. The full recommendation letter for each safety recommendation is available at www.ntsb.gov .

From: NTSB
To: State of Nebraska, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Nebraska requires children age 5 and younger to use child restraints, but children ages 6 and 7 are not required to be transported in booster seats. Nebraska imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. All children under age 16 must use a restraint system when traveling in any seating position. Nebraska's child care centers must comply with existing CPS and seat belt laws. Nebraska anticipates applicable legislation in the 2009 session.

From: State of Nebraska, Department of Health and Human Services
To: NTSB
Date: 7/22/2008
Response: Letter Mail Controlled 7/23/2008 3:21:57 PM MC# 2080443: No action has been taken regarding this recommendation but it is anticipated that the enhanced booster seat legislation that is expected to be introduced in the January 2009 Legislative session will address this issue.

From: NTSB
To: State of Nebraska, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Nebraska requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Nebraska imposes its existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people. All children under age 16 must use a restraint system when traveling in any seating position. Nebraska's child care centers must comply with existing CPS and seat belt laws.

From: NTSB
To: State of Nebraska, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060345) to our 6/2/2006 request for an update, which indicated that: Nebraska requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Nebraska imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. According to MC 2060345, all children under age 16 must use a restraint system when traveling in any seating position. Nebraska's child care centers must comply with existing CPS and seat belt laws.

From: State of Nebraska, Department of Health and Human Services
To: NTSB
Date: 7/17/2006
Response: Letter Mail Controlled 7/19/2006 10:30:52 AM MC# 2060345: There is yet no booster seat requirement for 6 and 7 year olds, however there is a requirement that all children under age 16 riding in any seating position use a restraint system. This does include 12 and 15 passenger vans. This applies to child care center vehicles.

From: State of New Jersey, Department of Human Services
To: NTSB
Date: 7/13/2005
Response: Letter Mail Controlled 7/22/2005 2:53:22 PM MC# 2050354

From: NTSB
To: State of New Jersey, Department of Human Services
Date: 5/17/2005
Response: The Safety Board notes that all vehicles used to transport children must be equipped with child restraint systems and/or booster seats for children less than 8 years of age or under 80 pounds. The Board further notes that New Jersey requires child restraints in school vehicles designed to carry nine or fewer passengers and in Type I and II school buses for children with developmental needs. Accordingly, Safety Recommendation H-04-10 is classified "Closed--Reconsidered," as this requirement was in place before the recommendation was issued.

From: State of New Jersey, Department of Human Services
To: NTSB
Date: 10/1/2004
Response: Letter Mail Controlled 10/13/2004 11:37:35 AM MC# 2040624 The Manual of Requirements, in accordance with applicable provisions of NJMVC law, pursuant to N.J.S.A. 39:3-76.2a and f, requires that all vehicles utilized to transport children shall be equipped with car seats (child passenger restraint systems) and/or booster seats that meet FMVSS, as appropriate for the age and weight of the children transported. Specifically, child restraint systems are only required in small in school vehicles of nine or fewer passengers for children who are less than eight years of age or under eighty pounds, and in yellow school buses of ten or more passengers as needed due to the developmental needs of the child.

From: Commonwealth of Kentucky, Office of Inspector General
To: NTSB
Date: 12/3/2014
Response: -From Michael W. Hancock, P.E., Secretary, Transportation Cabinet, Commonwealth of Kentucky: Kentucky child care administrative regulatory requirements asks for seatbelts for each occupant regardless of age and the appropriate car safety seat meeting federal and state motor vehicle safety standards in 49 C.F.R. 571.213 and KRS 189.125 shall be used for each child.

From: NTSB
To: Commonwealth of Kentucky, Office of Inspector General
Date: 9/4/2014
Response: Has Kentucky taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: Commonwealth of Kentucky, Office of Inspector General
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: On April 14, 2008, Kentucky's Governor signed S.B. 120, which requires children age 6 and younger (unless 50 inches) to use child restraints, but children age 7 are not required to be transported in booster seats. Kentucky's CPS statute applies only to vehicles designed to carry 10 or fewer passengers. According to child care center regulations, all children shall be individually belted or harnessed in a seat, and children under 40 inches in height shall be transported in an approved safety seat. According to previous correspondence, Kentucky's Cabinet for Health and Family Services was considering proposed regulation language that would require child care centers to follow the recommendations of the American Academy of Pediatrics.

From: NTSB
To: Commonwealth of Kentucky, Office of Inspector General
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Kentucky requires children 40 inches or less to use child restraints, but children above 40 inches are not required to be transported in booster seats. Kentucky's CPS statute applies only to vehicles designed to carry 10 or fewer passengers. According to child care center regulations, however, all children shall be individually belted or harnessed in a seat, and children under 40 inches in height shall be transported in an approved safety seat. Kentucky considered applicable legislation in 2006 and 2007. According to MC 2070312, Kentucky's Cabinet for Health and Family Services is considering proposed regulation language that will require child care centers to follow the recommendations of the American Academy of Pediatrics.

From: Commonwealth of Kentucky, Office of Inspector General
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 9:35:13 AM MC# 2070312: Cabinet for Health and Family Services (CHFS DCBS DCC): Regulation 922 KAR 2:120, Child Care Health and Safety Standards currently requires a child under forty (40) inches in height be transported in an approved safety seat. The Cabinet is also considering proposed regulation language that will require child care centers to follow the recommendations of the American Academy of Pediatrics.

From: NTSB
To: Commonwealth of Kentucky, Office of Inspector General
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060337) to our 6/2/2006 request for an update, which indicated that: Kentucky requires children 40 inches or less to use child restraints, but children above 40 inches are not required to be transported in booster seats. According to information received subsequent to Kentucky's annual letter, the CPS statute applies only to vehicles designed to carry 10 or fewer passengers. According to child care center regulations, however, all children shall be individually belted or harnessed in a seat, and children under 40 inches in height shall be transported in an approved safety seat. Kentucky considered applicable legislation in 2005 and 2006.

From: Commonwealth of Kentucky, Office of Inspector General
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 2:23:40 PM MC# 2060337: The law pertaining to use of seat belts and child restraints applies to motor vehicles designed to carry 10 or fewer passengers only. This agency cannot provide any additional information reaardina this recommend at ion.

From: State of Hawaii, Department of Human Services
To: NTSB
Date: 5/4/2007
Response: Letter Mail Controlled 5/14/2007 12:18:31 PM MC# 2070206

From: NTSB
To: State of Hawaii, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060190) to our 6/2/2006 request for an update, which indicated that: Hawaii requires children age 7 and younger (unless over 4 feet, 9 inches tall) to use child restraints or booster seats. Hawaii regulations require child care center drivers to be in compliance with all relevant motor vehicle statutes, and regulations require that all occupants use available seat belts.

From: State of Hawaii, Department of Human Services
To: NTSB
Date: 7/19/2004
Response: Letter Mail Controlled 8/2/2004 9:03:53 AM MC# 2040471

From: NTSB
To: State of Idaho, Department of Health and Welfare
Date: 9/4/2014
Response: Has Idaho taken action to implement this recommendation. If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Idaho, Department of Health and Welfare
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Idaho requires children age 6 and younger to use child restraints, but children age 7 are not required to be transported in booster seats. Idaho's CPS law applies to all non-commercial motor vehicles, unless all seat belts are in use or if an adult is attending to a child's physiological needs. Nonconforming buses (such as 15 passenger vans) can be registered as either commercial or non-commercial vehicles; if the van is registered as a non-commercial vehicle, the CPS law applies. Idaho has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Idaho, Department of Health and Welfare
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Idaho requires children age 6 and younger to use child restraints, but children age 7 are not required to be transported in booster seats. Idaho's CPS law applies to all non-commercial motor vehicles, unless all seat belts are in use or if an adult is attending to a child's physiological needs. Nonconforming buses (such as 15-passenger vans) can be registered as either a commercial or non-commercial vehicle; if the van is registered as a non-commercial vehicle, the CPS law applies. According to MC 2070343, Idaho's Department of Health and Welfare has no new statutes or rules relating to child care centers since the State's 2006 annual letter.

From: State of Idaho, Department of Health and Welfare
To: NTSB
Date: 7/10/2007
Response: Letter Mail Controlled 7/11/2007 9:14:15 AM MC# 2070343: Idaho requires children age 6 and younger to use child restraints in a non-commerical vehicler (regardless of what vehide and no matter how many lpassengers it will carry), but children age 7 are not required to be transported in booster seats. Child passenger safety requirements do not apply to commerical vehicles, regardless of what size or how many passenger.

From: NTSB
To: State of Idaho, Department of Health and Welfare
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060446) to our 6/2/2006 request for an update, which indicated that: Idaho requires children age 6 and younger to use child restraints, but children age 7 are not required to be transported in booster seats. According to MC 2060446, Idaho's CPS law applies to all non-commercial motor vehicles, unless all seat belts are in use or if an adult is attending to a child's physiological needs. Nonconforming buses (such as 15-passenger vans) can be registered as either a commercial or non-commercial vehicle; if the van is registered as a non-commercial vehicle, the CPS law applies. Staff has been unable to determine whether Idaho has considered legislation or regulations to require child care centers to comply with Idaho's CPS law even when using nonconforming buses.

From: State of Idaho, Department of Health and Welfare
To: NTSB
Date: 8/21/2006
Response: Letter Mail Controlled 9/6/2006 1:38:09 PM MC# 2060446: Idaho requires children age 6 and younger to use child restraints in a noncommerical vehicler (regardless of what vehicle and no matter how many passengers it will carry), but children age 7 are not required to be transported in booster seats. Child passenger safety requirements do not apply to commerical vehicles, regardless of what size or how many passenger.

From: NTSB
To: State of Wyoming, Department of Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060336) to our 6/2/2006 request for an update, which indicated that: Wyoming requires children age 8 and younger to use child restraints. Wyoming imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people. These requirements predate the issuance of this recommendation.

From: State of Wyoming, Department of Family Services
To: NTSB
Date: 7/13/2006
Response: Letter Mail Controlled 7/17/2006 1:55:18 PM MC# 2060336: Oversight program for child care transportation: occupants wear age appropriate restraints at all times: The Department of Education, Pupil Transportation and the Department of Family Services have been contacted for a response to this recommendation. Information will be forwarded upon receipt.

From: NTSB
To: State of Maryland, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: On May 13, 2008, Maryland's Governor signed S.B. 789, which requires children age 7 and younger (unless 4 feet 9 inches or more than 65 pounds) to use child restraints. Maryland imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people.

From: NTSB
To: State of Maryland, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Maryland requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Maryland imposes its existing CPS and seat belt laws on seat belt-equipped vehicles that carry more than 10 people.

From: NTSB
To: State of Maryland, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060314) to our 6/2/2006 request for an update, which indicated that: Maryland requires children age 5 and younger to use child restraints, but children age 6 through age 7 are not required to be transported in booster seats. Maryland imposes its existing CPS and seat belt laws on seat belt–equipped vehicles that carry more than 10 people.

From: State of Maryland, Department of Human Resources
To: NTSB
Date: 6/14/2006
Response: Letter Mail Controlled 7/5/2006 1:50:34 PM MC# 2060314: Several of the recommendations fall outside the jurisdiction of the SHA. Specifically, recommendations €1-99-022, H-04-008, H-04-009, H-04-0 10, €1-04-0 I 1, H-04-0 12, H-04-0 13, and H-04-0 14 pertain to programs handled through Maryland’s former Child Care Administration. This agency, now known as the Office of Childcare, and located within the Maryland State Department of Education, recently underwent a restructuring that has not yet been completed. The Maryland SHA will work with the Office of Childcare in securing the agency’s responses to the open recommendations listed above and will forward appropriate responses by July 14, 2006. In the meantime, should you have any questions or require followup directly with the Office of Childcare, we have been advised to direct future contacts to: Ms. Judith Rozie-Battle Director, Office of Child Care c/o Maryland Dept. of Human Resources 3 I 1 West Saratoga Street Baltimore, MD 21201

From: NTSB
To: State of Maryland, Department of Human Resources
Date: 9/28/2005
Response: The Safety Board notes that Maryland requires children 5 years old and younger, regardless of weight, and all children weighing less than 40 pounds, to be transported in an age- and weight-appropriate child restraint system. The Board notes, however, that Maryland does not have a law requiring the use of booster seats for children 4 to 8 years old, as recommended in Safety Recommendation H-96-14 (enclosed). Children inappropriately restrained in seat belts are 3.5 times more likely to suffer abdominal injury and 4 times more likely to suffer head/brain injury than children appropriately restrained in booster seats. Even without a law, the Board encourages the MSDE to require the use of booster seats for children 4 to 8 years old. Pending legislative action or revisions to child care licensing rules that would extend the child occupant protection requirements to include the use of booster seats by children 4 to 8 years old, Safety Recommendation H-04-10 is classified "Open--Acceptable Response."

From: State of Maryland, Department of Human Resources
To: NTSB
Date: 7/20/2004
Response: Letter Mail Controlled 7/28/2004 10:31:15 AM MC# 2040469 Current child care center licensing regulations already require that each child who is transported in a vehicle to be separately secured at all times in a child safety seat or seat belt that is appropriate for the child's age and weight, as specific by Maryland law.

From: NTSB
To: State of Florida, Department of Children and Families
Date: 2/1/2005
Response: The Safety Board notes that rule 65C-22.001(6), FAC, requires that each child transported must be wearing an individual, factory-installed seat belt or federally approved child safety restraint, unless the vehicle is specifically excluded, as school buses are. Because Florida required children to be transported in a seat belt or approved child safety restraint before Safety Recommendation H-04-10 was issued, the recommendation is classified "Closed--Reconsidered." The Board notes, however, that Florida does not have a law requiring the use of booster seats for children 4 to 8 years old, as recommended in Safety Recommendation H-96-14. Children inappropriately restrained in seat belts are 3.5 times more likely to suffer abdominal injury and 4 times more likely to suffer head/brain injury than children appropriately restrained in booster seats. Even without a law, the Board encourages the Florida Department of Children and Families to use age-appropriate booster seats for 4-to 8-year-old children.

From: State of Florida, Department of Children and Families
To: NTSB
Date: 6/28/2004
Response: Letter Mail Controlled 7/6/2004 3:02:36 PM MC# 2040382 Rule 65C-22.001(6), F.A.C., requires that each child transported must be in an individual factory installed seat belt or federally approved child safety restraint, unless specifically excluded, such as school buses. This is in compliance with section 316.614, F.S.

From: NTSB
To: State of Arkansas, Department of Human Services
Date: 9/4/2014
Response: Has Arkansas taken action to require all children up to 8 years old to use a child restraint system? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Arkansas, Department of Human Services