Carseat vs Booster Clarification

Updated on June 10, 2009
M.K. asks from Eldorado, WI
15 answers

My daughter will be 5 tomorrow. her daycare is taking a field trip and the notice said that if the children are under 4, they need a car seat, otherwise they will provide boosters. Problem is my daughter is still only 37 pounds. Isn't the law 4 years AND 40 pounds? Is there an exception for buses/vans for daycare. We currently still use the 5 point harness but my husband claims he is going to the booster option with seatbelt tomorrow; and daughter is upset that I said I had to bring her car seat in b/c all the other kids get to use boosters. I'll try to search on line, but usually you guys are faster!

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So What Happened?

Well, MN and WI law is different for now, so be aware MN folks when traveling to WI!! Anyway, WI law is 4 years AND 40 pounds. I brought in her regular carseat and so did a couple other parents of kids I KNOW are more than 40 pounds. My daughter still told me she didn't like it b/c all the other kids got to use the boosters, but we re-explained the law and we didn't want her teachers to get a ticket, etc. Yikes--peer pressure already. The field trip was literally only about a mile away to the local park, but I didn't want to start an "it's okay sometimes" issue. We'll see what happens with regular school field trips--maybe she'll be 40 pounds by then--she's eating like crazy. Thanks for all the advise!

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S.F.

answers from Madison on

I see you live in Wisconsin. The law here is 4 years old and 40 lbs. If you're most comfortable with her in her car seat I would say bring her seat along.

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S.B.

answers from Minneapolis on

Here are the current rules in WI. I honestly think that weight outweighs age, so I personally would feel better putting a 37 lb child in a car seat vs a booster seat.

I understand that your daughter is upset about having to use the car seat - my kids were "little" kids and had to stay in the car seats and booster seats longer than their friends, and they didn't like it either. But, safety first :)

1. Rear-facing child safety seat in the back seat* is required when the child:
o Is less than 1-year-old or
o Weighs less than 20 pounds.
2. Forward-facing child safety seat in the back seat* is required when the child:
o Is at least 1-year-old but less than 4-years-old
o Weighs at least 20 pounds but less than 40 pounds.
3. Booster seat is required when the child:
o Is at least 4-years-old but less than 8-years-old
o Weighs at least 40 pounds but less than 80 pounds
o Is not 57-inches (4-feet, 9-inches) or taller.
4. Safety belt is required when the child:
o Is 8-years-old or older or
o Weighs 80 or more pounds or
o Is 57-inches or taller

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K.S.

answers from Milwaukee on

M.-
Wisconsin law says that yes, your child needs to be both 4 and 40 lbs. I have a friend whose husband believes the manufacturer's recommendations instead of the law and they have never gotten a ticket and he's only 3 in a booster for the last 4 mos. Good luck agreeing on this.

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S.W.

answers from Minneapolis on

She's within 3 pounds of that cutoff. I would let her go with the booster. She will be fine! The booster will raise her up so that the seatbelt fits properly.

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M.F.

answers from Minneapolis on

4 with 40 is for NO seat at all (although in my opinion that is way to young), a good rule for boosters is 3 and 30, some boosters have a weight requirement. We use a seatbelt booster with a back (mostly for seatbelt placement) on our 3 and 5 year old. There is no car seat requirement in MN other than infants under 20 in a carseat and children 4 and under in an "appropriate" child safety restraint device. So your 5 yr old should be fine in a booster/seatbelt. The only thing we get concerned about is the seatbelt placement, if it's a lab belt, it's not an issue, but a shoulder belt might fall to high without the back to hold it.

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C.H.

answers from Minneapolis on

You have a lot of advice here... but I feel I need to add my two cents... My son was in the high thirties for weight forever... but very tall. I couldn't find a car seat that he would fit in so we moved to a booster with a back just before he turned four. I know safety is our first concern but we also need to consider our child and do what is best for them, too. I think having a car seat or seat belt that fits them properly is just as important as their weight.

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K.S.

answers from Minneapolis on

Stick with the car seat. Safety is the concern here, not what is cool. My son is almost 6 and is still in a five-point harness because he is short and petite for his age. He will stay there until he is at least 40 lbs. and I feel he fits appropriately with a booster.

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V.E.

answers from Minneapolis on

Booster seats start at 30 lbs. and 3 yrs. old. She should be fine in the booster with seat belt.

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K.B.

answers from Minneapolis on

M.,

I personally wouldn't let my child ride in a booster with only a seat belt if she is that small. Possibly if there was a back on it, but ONLY in an emergency.
I am very strick with my kids riding in the appropriate car seats. My kids lives are more important than convenience or cost involved in buying a new seat. I also would speak to your husband and insist that she stay in a 5pt harness.
I have my son who is 5 1/2yrs old and 54lbs still riding in a carseat with a 5pt harness (Graco Nautilus) and he would stay in this seat until 65lbs if he wasn't outgrowing the straps height wise. He is allowed to ride in the Turbobooster (booster with back) in my husbands vehicle or family members vehicles. But we always take my car 95% of the time.
Also, just an FYI, my 11 1/2 yr old daughter still rides in booster seat because she is only 4' 5" and the seat belt doesn't hit her right. She knows that it is safer that way and doesn't feel embarrased.

**New Booster Seat Law Effective July 1, 2009
Minnesota has strengthened its child passenger safety law by requiring a child who is both under age 8 and shorter than 4 feet 9 inches to be fastened in a child safety seat or booster. Under this law, a child cannot use a seat belt alone until they are age 8 or 4 feet 9 inches tall. It is recommended to keep a child in a booster based on their height, rather than their age.**

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C.O.

answers from Minneapolis on

The law just says that children under 4 should be in a safety seat.
I believe a booster seat just uses the car's seat belt and a car seat would have the 5-point harness.
Here is the Department of Public Safety website with the details: http://www.dps.state.mn.us/ots/Laws_Legislation/child_res...

There is also a NEW booster seat law for MN that starts July 1st: http://www.dps.state.mn.us/ots/CPS_Program/childhome.asp

***LATER*** After reading other responses, I realized you are in WI and not MN as I had assumed. Oops! I'll just leave the info here for other Minnesotans. =)

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S.H.

answers from Appleton on

WI state law is worded a little goofy, but it is 4 years AND 40 lbs to be in a booster seat (not harnessed car seat). http://www.dot.wisconsin.gov/safety/vehicle/child/laws.htm However, if they are taking a school bus, they are exempt from the law.

It is definitely safer for your 37 lb daughter to be in her regular car seat since children under 40 lbs are at an increased risk of "submarining" - sliding under the seatbelt - in a booster seat. Also, depending on the type of vehicle the day care is taking, if they have only lap belts, those are NOT to be used with boosters although day cares sometimes do anyways. I would send your daughter with her own seat.

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B.H.

answers from Minneapolis on

Alot of highback boosters start at 30lbs.. now my child wasn't mature enough to use a booster til about age6-7 it depends on the child.

I kept my daughter in a 5pt.harness til a few months ago about 7.5 years old. The only reason she's not in a 5pt.harness is becuase we have backseat issues with her baby sister needing a carseat too so my daughter is just transferred to a booster. I never used our before unless it was a emergency, back up, or she was riding with someone else.

If you are not comfortable with your daughter being in a booster then don't do it. I wasn't comfortable with my daughter at 4,5,6 years old at all. Boosters are used incorrectly all the time, my daughter would fall asleep and literally fall out of hers.Alot of people don't know how to guide the seatbelt correctly or buckle the kids right.

I think this new booster seat law is gonna be a shock for alot of people because my daughter is 7 and NONE of her friends are in a a booster but after July1, they techinally should by law.

B.W.

answers from Minneapolis on

I am a huge car seat safety advocate... my boys rode rear facing until almost 3yrs old, my 7yr old is still in a 5pt harnes... so yes I'm quite big on the car seat thing.

At 5yrs old and almost 40lbs, you daughter would be OK in a booster. HOWEVER if they are only providing a no back booster, I would isntall her car seat for them. A no back doesn't provide any side impact protection, and being in a high van the odds of rollover are higher. If they only provide no back boosters, then install her car seat for them.

If they provide high back boosters for the older children, then I would be ok with her riding in the booster. School her in keeping the shoulder belt in the proper area across her chest and to stay sitting back in the seat the whole time.

And if you arent comfortable, install her car seat in the van and call it good. They can't refuse your car seat install, and if they balk just explain to them that she is not big enough yet and you are more comfortable with her in her harness car seat.

The law in MN is simply a proper usage law up to age 4, meaning if a booster allows 3yrs and 30lbs, you can use it. Obviously thats not safe at all, MN law sucks.... but at least they are changing it up some. July 1st 2009 the new booster law will take affect, children under 4'9" and under 8yrs old NEED to be in a booster, its a primary offense!

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J.C.

answers from Minneapolis on

A booster is usually a backless carseat just to raise them to the right level. I have 2 booster carseats with backs that position the seatbelt right on my daughter. I did not switch to a booster carseat until my daughter was 40 lbs and not fitting into her 5 point harness seat with her coat on.

My son uses 5 point harness carseats that expand to way larger than the one that my daughter used, whenever my son is not in the car she wants to sit in his seat, repositioned of course. She would rather sit in a 5 point harness seat because she thinks they are more comfortable, they are definitely more comfortable when she falls asleep in the car, the booster carseats are perfectly upright, and their heads have no where to rest comfortably.

If you are more comfortable sending your 5 point harness carseat then do it! I think she will be more comfortable in it and wont come home telling you she wants to sit in a booster.

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E.E.

answers from Omaha on

It is 4 years and 40lbs but according to a car seat safety inspector that I spoke with, it is the 40 lbs that is the most important. The 5 point harness is the safest route so I would encourage you to keep her in that. I will be keeping my children in a 5 point harness for as long as possible!

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