Beginning January 1, 2027, California law will change how children must be secured in cars, vans, and charter buses. Existing law requires drivers and supervising adults to ensure that children are properly secured in motor vehicles equipped with seat belts. In cars, vans, and trucks, parents, guardians, or drivers must secure children under 8 in a child passenger restraint system (car seat or booster), and children ages 8 through 15 must be secured in either a booster seat, a child passenger restraint system, or a seat belt. In charter buses equipped with safety belts, passengers 16 and older must be restrained, and chartering parties, parents, or guardians must ensure that children under 16 are restrained. For purposes of these laws, “properly restrained” means that the lap belt fits low across the hips or thighs and the shoulder belt (if present) crosses the chest in front of the passenger.
AB 435, effective January 1, 2027, replaces the current definition of “properly restrained” with the “5-Step Test.” Under this standard, a child is only properly restrained if they: (1) sit all the way back against the seat; (2) bend their knees comfortably at the edge; (3) keep the shoulder belt across the middle of the chest and shoulder, not the neck; keep the lap belt low across the thighs, not the stomach; and (4) can stay seated like this for the entire trip.
The 5-Step Test applies to motor vehicles such as cars and vans for children ages 8-15 (and children under 8 who qualify to use a seat belt instead of a car seat under a limited exception) and chartered buses with safety belts for children under 16. The law places the duty on the “chartering party,” so a school arranging transportation for a field trip or extracurricular activity must ensure that students meet the 5-Step Test.
The law does not change rules for school buses or school pupil activity buses (SPABs), which remain governed by separate provisions. Violations remain punishable by a $20 fine for a first offense and $50 for subsequent offenses, with the option of traffic school in place of a fine for a first offense.
(AB 435 sections 27315, 27318, 27360.5, and 27363 of the Vehicle Code.)