Oregon state law:
Oregon state law requires that all children must ride in a federally approved car seat until they are at least 4 years old and weigh at least 40 pounds. Oregon law further requires that children use a booster seat until they are at least 6 years old and weigh at least 60 pounds. The booster seat law does not apply to vehicles that only have lap belts in the rear seat, as booster seats must be used with lap-shoulder belts only. Oregon strongly recommends that children under age 12 ride in the back seat. All Oregon passengers and drivers are required to wear a seat belt.
A booster seat is still a car seat in most cases. I think the real problem is that the seat is being used wrong. It might be outdated if there is no way to alleviate the seat belt strap being so high on her head. It should fit securely over her chest and lap. In fact, is it the old booster seat type with no back? If so, then yes, it is not being used properly.
I know a lot of people have strong feelings on this, but the law is the law and is out there as a blanket statement that fits the needs of almost all children. Most car seats can convert to a booster seat. As such, the child is not in a seat that is JUST under their fanny, it is the full-back seat as well. I think this kind of seat is the one that most women that have answered here are referring to.
My son is 3.5, almost 3.5ft tall and is 40 lbs. He is tall and has busted out of the straps limits of the car seat. I am not going to crush his future children for the next 6 months when it is clearly safer for him to sit with the lap belt.We have it now so that he has the lap belt over him according to the specs listed on the seat. He is the tallest in his class and is off the charts as far as percentiles go. To sit in a regular seat w/o an infant seat or booster seat is the bottom line here (no pun intended...).
Ladies, we as mothers are to make the most intelligent decisions based on the needs of our children. I know that is what we are all doing here. None of us are being reckless, but we do need to be informed as well.
The parents of this child do sound a bit negligent in not wearing their own safety belts. I can't fathom not wearing one anymore. Yet think back to when we were kids..geez. We were riding around in the backs of pick-ups and never used to wear seat belts. We have come a long way! :o)