27360.  (a) No parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, shall permit his or her child
or ward to be transported upon a highway in the motor vehicle without
providing and properly securing the child or ward, in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards unless the child or ward is at least one of the
following:
   (1) Six years of age or older.
   (2) Weighs 60 pounds or more.
   (b) No driver shall transport on a highway any child in a motor
vehicle, as defined in Section 27315, without providing and properly
securing the child in a child passenger restraint system meeting
applicable federal motor vehicle safety standards unless the child is
at least one of the following:
   (1) Six years of age or older.
   (2) Weighs 60 pounds or more.
   This subdivision does not apply to a driver if the parent or legal
guardian of the child is also present in the vehicle and is not the
driver.
   (c) (1) A first offense under this section is punishable by a fine
of one hundred dollars ($100), except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program.  Upon completion of the program, the
defendant shall provide proof of participation in the program.  If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived.  If the fine is paid, waived, or reduced,
the court shall report the conviction to the department pursuant to
Section 1803.
   The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
   (2) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program.  Upon completion of the program, the
defendant shall provide proof of participation in the program.  If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived.  If the fine is paid, waived, or reduced,
the court shall report the conviction to the department pursuant to
Section 1803.
   The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
   (d) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
   (1) Sixty percent to health departments of local jurisdictions, as
defined in Section 16700 of the Welfare and Institutions Code, where
the violation occurred, to be used for a community education program
that includes, but is not limited to, demonstration of the
installation of a child passenger restraint system for children of
all ages and also assists economically disadvantaged families in
obtaining those restraint systems through low-cost purchases or
loans.  The county or city health department shall designate a
coordinator to facilitate the creation of a special account and to
develop a relationship with the municipal court system to facilitate
the transfer of funds to the program.  The county or city may
contract for the implementation of the program.  Prior to obtaining
possession of a child passenger restraint system pursuant to this
section, a person shall attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems.
   As the proceeds from fines become available, county or city health
departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public.  The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
   (2) Twenty-five percent to the county or city for the
administration of the program.
   (3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
   (e) This section shall become operative on January 1, 2002.



27360.5.  (a) No parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may permit his or her child or
ward who is six years of age, but less than 16 years of age, or who
is less than six years of age and weighs 60 pounds or more to be
transported upon a highway in the motor vehicle without providing and
properly securing the child or ward in an appropriate child
passenger restraint system or safety belt meeting applicable federal
motor vehicle safety standards.
   (b) No driver may transport on a highway any child who is six
years of age, but less than 16 years of age, or who is less than six
years of age and weighs 60 pounds or more in a motor vehicle, as
defined in Section 27315, without providing and properly securing the
child in a child passenger restraint system or safety belt meeting
applicable federal motor vehicle safety standards.  This subdivision
does not apply to a driver if the parent or legal guardian of the
child is also present in the vehicle and is not the driver.
   (c) (1) A first offense under this section is punishable by a fine
of one hundred dollars ($100), except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a child restraint education
program that includes, but is not limited to, demonstration of the
proper installation and use of child passenger restraint systems for
children of all ages, and provides economically disadvantaged
families with a child passenger restraint low-cost purchase or loaner
program.  Upon completion of the program, the defendant shall
provide proof of participation in the program that includes an
inspection of a child passenger restraint system that meets
applicable federal safety standards.  If an education program on the
proper installation and use of a child passenger restraint system is
not available within 50 miles of the residence of the defendant, the
requirement to participate in that program shall be waived.  If the
fine is paid, waived, or reduced, the court shall report the
conviction to the department pursuant to Section 1803.
   The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
   (2) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program.  Upon completion of the program, the
defendant shall provide proof of participation in the program.  If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived.  If the fine is paid, waived, or reduced,
the court shall report the conviction to the department pursuant to
Section 1803.
   The court may at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
   (d) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
   (1) Sixty percent to county or city health departments where the
violation occurred, to be used for an education program that
includes, but is not limited to, the demonstration of proper
installation and use of child passenger restraint systems for
children of all ages and provides child restraints for loan or
low-cost purchase.
   (2) Twenty-five percent to the county or city for the
administration of the program.
   (3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
   (e) This section shall become operative on January 1, 2002.



27361.  Any law enforcement officer reasonably suspecting a
violation of Section 27360 or 27360.5, or both of those sections, may
stop any vehicle transporting a child appearing to the officer to be
within the age or weight specified in Section 27360 or 27360.5.  The
officer may issue a notice to appear for a violation of Section
27360.



27362.  (a) No manufacturer, wholesaler, or retailer shall sell,
offer for sale, or install in any motor vehicle any child passenger
restraint system not conforming to all applicable federal motor
vehicle safety standards on the date of sale or installation.
Responsibility for compliance with this section shall rest with the
individual selling, offering for sale, or installing the system.
Every person who violates this section is guilty of a misdemeanor and
shall be punished as follows:
   (1) Upon a first conviction, by a fine not exceeding four hundred
dollars ($400) or by imprisonment in the county jail for a period of
not more than 90 days, or both.
   (2) Upon a second or subsequent conviction, by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a period of not more than 180 days, or both.
   (b) The fines collected for a violation of this section shall be
allocated as follows:
   (1) Sixty percent to county health departments where the violation
occurred, to be used for a child passenger restraint low-cost
purchase or loaner program which shall include, but not be limited
to, education on the proper installation and use of a child passenger
restraint system.  The county health department shall designate a
coordinator to facilitate the creation of a special account and to
develop a relationship with the superior court to facilitate the
transfer of funds to the program.  The county may contract for the
implementation of the program.  Prior to obtaining possession of a
child passenger restraint system pursuant to this section, a person
shall receive information relating to the importance of utilizing
that system.
   As the proceeds from fines become available, county health
departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence.  Each county shall forward the listing to
the Office of Traffic Safety in the Business, Transportation and
Housing Agency and the courts, birthing centers, community child
health and disability prevention programs, and county hospitals in
that county, who shall make the listing available to the public.  The
Office of Traffic Safety shall maintain a listing of all of the
programs in the state.
   (2) Twenty-five percent to the county for the administration of
the program.
   (3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).



27362.1.  (a) No individual may sell or offer for sale a child
passenger restraint system that was in use by a child during an
accident involving a motor vehicle.
   (b) A violation of this section shall be punished by a fine of one
hundred dollars ($100).



27363.  (a) The court may exempt from the requirements of this
article any class of child by age, weight, or size if it is
determined that the use of a child passenger restraint system would
be impractical by reason of physical unfitness, medical condition, or
size.  The court may require satisfactory proof of the child's
physical unfitness, medical condition, or size and that an
appropriate special needs child passenger restraint system is not
available.
   (b) In case of a life-threatening emergency, or when a child is
being transported in an authorized emergency vehicle, if there is no
child passenger restraint system available, a child may be
transported without the use of that system, but the child shall be
secured by a seatbelt.
   (c) A child weighing more than 40 pounds may be transported in the
backseat of a vehicle while wearing only a lap safety belt when the
backseat of the vehicle is not equipped with a combination lap and
shoulder safety belt.
   (d) This section shall become operative on January 1, 2002.




27363.5.  (a) Every public or private hospital, clinic, or birthing
center, shall, at the time of the discharge of a child provide and
discuss information on the current law requiring child passenger
restraint systems to the parents or the person to whom the child is
released when at least one of the following conditions is met:
   (1) The child is less than six years of age.
   (2) The child weighs less than 60 pounds.
   (b) A public or private hospital, clinic, or birthing center shall
not be responsible for the failure of the parent or person to whom
the child is released to use a child passenger restraint system.
   (c) This section shall become operative on January 1, 2002.



27364.  (a) It is the intent of the Legislature, in enacting this
article, to insure that children, who are, because of their tender
years, helpless dependent passengers, are provided with the safest
transportation possible.
   (b) It is the further intent of the Legislature to stress and
communicate to all drivers in this state the importance of using
child passenger restraint systems.
   (c) Nothing in this article shall be construed to extend
application of these provisions to a class of children other than the
class of children herein specified.



27365.  (a) (1) Every car rental agency in California shall inform
each of its customers of Section 27360 by posting, in a place
conspicuous to the public in each established place of business of
the agency, a notice not smaller than 15 inches by 20 inches which
states the following: "CALIFORNIA LAW REQUIRES ALL CHILDREN WHO ARE 5
YEARS OF AGE OR LESS AND WEIGH LESS THAN 60 POUNDS TO BE TRANSPORTED
IN A CHILD RESTRAINT SYSTEM.  THIS AGENCY IS REQUIRED TO PROVIDE FOR
RENTAL A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT
SYSTEM YOURSELF."
   (2) The posted notice specified in paragraph (1) is not required
if the car rental agency's place of business is located in a hotel
which has a business policy prohibiting the posting of signs or
notices in any area of the hotel. In that case, a car rental agency
shall furnish a written notice to each customer which contains the
same information as required for the posted notice.
   (b) Every car rental agency in California shall have available
for, and shall, upon request, provide for rental to, adults traveling
with children under six years of age, child passenger seat restraint
systems that meet applicable federal motor vehicle safety standards
on the date of the rental transaction, are in good and safe
condition, with no missing original parts, and are not older than
five years.
   (c) A violation of this section is an infraction punishable by a
fine of one hundred dollars ($100).
   (d) This section shall become operative on January 1, 2002.




27366.  (a) The department shall do the following:
   (1) Prepare and disseminate materials for the purpose of educating
the public about the importance of using passenger restraints for
infants and children under 15 years of age.  These materials shall
include, but are not limited to, audiovisual aids and written
materials that explain the effects of motor vehicle accidents on
infants and children and the reduction in risk of injury or death as
a result of the utilization of passenger restraints for infants and
children.
   (2) As funding is available, produce and administer a billboard
campaign stressing the importance of utilizing child passenger
restraint systems and instructing the public on where to obtain those
systems.
   (b) The department, the Office of Traffic Safety, and the State
Department of Health Services shall meet annually to coordinate,
share information about, and outline the programs that each
organization is pursuing in the area of child passenger restraint
systems.


27368.  This article applies to child passengers in a fully enclosed
three-wheeled motor vehicle that is not less than seven feet in
length and not less than four feet in width, and has an unladen
weight of 900 pounds or more.