Nebraska's New Car Seat Laws 2018

The Governor of Nebraska signed into law new car seat requirements on April 4, 2018. The new car seat requirements takes effect on January 1, 2019. Nebraska’s New Car Seat Laws will be updated to ensure maximum safety for children.

BACKGROUND ON NEBRASKA’S NEW CAR SEAT LAWS

Multiple organizations, including the AAP have stated that rear facing is the safest and children should remain rear facing in their car seat until at least age 2. One study shows rearfacing between 12-24 months is 532% safer than forward facing. Nebraska has become the newest state to pass a law making sure that more children will remain rearfacing until at least two years old. On March 29,2018, both the House and Senate in Nebraska passed bill LB42. Then, on April 4, 2018 the bill was signed into law by the Governor Nebraska’s new car seat laws will go into effect come January 1, 2019.

Nebraska’s previous child safety seat laws stated that all children under 6 years old must be in a child seat. Children 6-18 must wear seat belts. A $25 fine was in place for violations.

What Nebraska’s New Car Seat Law Says

The new bill amends that law and makes the following specifications:

What the new law says – Section 1- This section just clarifies terms. You can read car seat term definitions here.

What the new law says – Section 2-1 – Any person in Nebraska who drives any motor vehicle which has or is required to have an occupant protection system or a three-point safety belt system shall ensure that all children up to eight years of age being transported by such vehicle (a) use a child passenger restraint system of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration, as such standard existed on January 1, 2009, and which is correctly installed in such vehicle and (b) occupy a seat or seats, other than a front seat, if such seat or seats are so equipped with such passenger restraint system and such seat or seats are not already occupied by a child or children under eight years of age. In addition, all children up to two years of age shall use a rear-facing child passenger restraint system until the child outgrows the child passenger restraint system manufacturer’s maximum allowable height or weight.

What this means – Children Under 8

All children up to age eight must be in a properly secured car seat other than a front seat
Children must remain rear-facing until the age of two or they reach the maximum height or weight for their car seat.
- For example, if you have a car seat that has a minimum forward facing weight of 25 lbs and you have a 22lb 21 month old, you need to leave them rear facing.
- If you have a 26lb 18 month old, you could legally turn them around.

What the new law says – Section 2-2 – Any person in Nebraska who drives any motor vehicle which has or is required to have an occupant protection system or a three-point safety belt system shall ensure that all children eight years of age and less than eighteen years of age being transported by such vehicle use an occupant protection system.

What this means – Children 8-18

If you have a passenger between eight years old and under 18 (meaning 17 years and 364 days), they must use a seatbelt.

Exceptions to this New Nebraska Child Passenger Safety Law

Sections 2-3, 2-4, 2-5, and 2-6 list exceptions to this new law. In layman’s terms it says that every vehicle that has seat belts must adhere to this new law. The exceptions are taxicabs, mopeds, motorcycles or vehicles manufactured before 1963 which do not have seat belts.

It also excludes children who have been waived by a licensed physician because it would be harmful for their condition, but does state that the driver of such vehicle must carry a written and signed physician statement with them, identifying the child, at all times.

Authorized emergency vehicles and parade vehicles are also exempted.

The law also states in section 2-7 also states that the Nebraska Department of Transportation must also develop and implement statewide public information and education programs in regards of how to use child passenger restraint systems and discount programs for car seats.

Please note that you should be striving for maximums, not minimums. Leave your child rearfacing and in secured car seats as long as you possibly can.

ADDITIONAL NOTES OF NEBRASKA’S NEW CAR SEAT LAWS

A violation of this section may be charged on the uniform traffic summons form.
If you are traveling to the state of Nebraska you are to adhere to these laws.
It is unclear how much a fine would be under the new law. However, the current fine is $25, so we predict at least that amount.