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Fact check: Can I get a ticket for not using a booster seat in California?
Executive Summary
Yes — under a new California law signed in October 2025, drivers can receive a ticket if a child passenger cannot be properly restrained by a seat belt under a new five-step test; fines have been reported at about $490 for failures to meet the test. The law keeps the existing booster-seat age/height baseline (until age 8 or 4-foot-9), but adds the five-step seat-belt fit test for children aged 8–16 to determine whether a booster is still needed [1] [2].
1. Headline claim extracted: “Ticket possible for no booster” — what the reporting actually says
The central claim is that a driver can be cited if a child passenger is not using a booster seat and cannot properly fit a seat belt under the law’s new criteria. Coverage consistently states that California’s new statute creates a five-step test to assess proper seat-belt fit for children ages 8–16 and ties failing that test to enforcement and fines [1] [2]. Reports frame the change as an enforcement mechanism aimed at keeping shorter children in boosters longer, rather than a blanket booster-seat ban or an expansion of the age limit alone [3].
2. What the law requires — the practical rule drivers must follow
The statute preserves the existing rule that children must use booster seats until they are 8 years old or 4 feet 9 inches tall, while adding that beginning in 2027 children aged 8–16 must pass a five-step seat-belt fit test to be considered properly restrained. The five steps cover seat position, knee bend, and shoulder and lap belt placement; officers can cite drivers if they can’t answer yes to all five items about a belted child passenger [4] [2]. This turns the question of booster use into an individualized fit assessment rather than only age or height.
3. Enforcement and penalties — how tickets and fines are described
News reports indicate that a driver who fails to ensure the child passes the five-step test can face a ticket and fines reported at approximately $490, making the requirement enforceable rather than purely advisory [1] [2]. Coverage emphasizes that the fine level and enforcement approach align with recommendations from public-health experts and the California Highway Patrol, framing the penalty not as punitive for parents broadly but as a safety enforcement tool [2]. Sources consistently report the same fine amount and enforcement intent [1].
4. Who is affected — which children and drivers are in scope
The law specifically targets children aged 8 through 16 for the five-step seat-belt fit assessment, while maintaining the booster requirement for children under 8 or shorter than 4-foot-9. Drivers of vehicles carrying those children are the persons who can be cited under the new enforcement language if the child does not meet the fit criteria [2] [3]. Reporting also notes the original bill’s broader proposals — such as restricting front-seat placement for teens who fail the test — were scaled back after legislative pushback, narrowing the immediate scope to fit assessment and citation [3].
5. How this differs from prior law — the incremental change, not a wholesale rewrite
Before the law, California required boosters until age 8 or 4-foot-9, but did not impose the five-step fit test as an enforceable standard for older children; the new law adds an enforceable, fit-based test for 8–16 year olds beginning 2027 [4] [1]. The change is therefore incremental: the baseline age/height rule remains, but enforcement now includes a fit metric intended to capture shorter children who remain at risk despite meeting age thresholds [3]. Coverage emphasizes that the law responds to safety recommendations to keep shorter children in boosters longer.
6. Political context and dissent — why the bill changed and what critics said
Reports document that the original bill included stricter provisions, such as banning some teens from front-seat travel if they failed the test, but those elements were watered down after pushback from some Democrats, signaling intra-party debates about scope and enforcement [3]. Proponents framed the law as aligning with recommendations from public-health officials and the California Highway Patrol, while critics focused on legislative compromise and concerns about overreach; coverage notes both safety rationales and political negotiation shaped the final text [2] [3].
7. Practical takeaways — what drivers should do now to avoid a ticket
Drivers should continue to follow the age/height booster baseline (under 8 or under 4-foot-9) and, for children aged 8–16, use the five-step seat-belt fit test to confirm proper restraint. If a child cannot meet all five fit criteria while belted, drivers should keep the child in a booster to avoid a potential citation and the reported $490 fine; this operational guidance reflects how the law converts fit assessment into an enforceable standard [1] [2]. The law’s emphasis is safety-based: keeping shorter children in boosters until belts fit properly.