An Act To Amend the Laws Governing Motor Vehicle Child Restraint Systems To Allow Certain Exceptions
Maine Legislature, Session 129, LD 1900
Committee: Transportation
Sponsors: CYRWAY, O'NEIL, DAVIS, LUCHINI, POULIOT, TIMBERLAKE, MAREAN, MEYER, SCHNECK, STROM
Amends: 29-A MRSA §2081

Legislative Document
No. 1900
S.P. 652
In Senate, December 24, 2019
An Act To Amend the Laws Governing Motor Vehicle Child 
Restraint Systems To Allow Certain Exceptions
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 20, 2019.  Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative O'NEIL of Saco and
Senators: DAVIS of Piscataquis, LUCHINI of Hancock, POULIOT of Kennebec, 
TIMBERLAKE of Androscoggin, Representatives: MAREAN of Hollis, MEYER of Eliot, 
SCHNECK of Bangor, STROM of Pittsfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2081, sub-§1, ¶A-4 is enacted to read:
A-4.  "Child passenger safety technician with special needs training" means a person 
certified by a national child passenger safety certification program using a curriculum 
approved by the National Highway Traffic Safety Administration to provide 
instruction in the use of child restraint systems who also has special needs training 
provided by that program.
Sec. 2.  29-A MRSA §2081, sub-§2-A, as enacted by PL 2019, c. 299, §2, is 
amended to read:
2-A.  Children under 2 years of age.  When a child who is less than 2 years of age 
is being transported in a motor vehicle that is required by the United States Department of 
Transportation to be equipped with seat belts, the operator shall ensure that the child is 
properly secured in a rear-facing child restraint system or convertible child restraint 
system properly secured in the rear-facing position in accordance with the child restraint 
system manufacturer's instructions and the vehicle manufacturer's instructions, except if 
the child is in a convertible child restraint system and the child exceeds the manufacturer 
recommended weight or height limit for the rear-facing position the child may be 
properly secured in a forward-facing position in accordance with the child restraint 
system manufacturer's instructions and the vehicle manufacturer's instructions.  Violation 
of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 
for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine 
imposed under this subsection may not be suspended by the court.
Sec. 3.  29-A MRSA §2081, sub-§2-B, as enacted by PL 2019, c. 299, §2, is 
amended to read:
2-B.  Children 2 years of age or older and weighing less than 55 pounds.  When a 
child who is 2 years of age or older and who weighs less than 55 pounds is being 
transported in a motor vehicle that is required by the United States Department of 
Transportation to be equipped with seat belts, the operator shall ensure that the child is 
properly secured in a child restraint system in accordance with the child restraint system 
manufacturer's instructions and the vehicle manufacturer's instructions except that, if the 
child exceeds the child restraint manufacturer's recommended height limit for the child 
restraint system, the operator shall ensure that the child is properly secured in a federally 
approved belt positioning seat.  Violation of this subsection is a traffic infraction for 
which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd 
and subsequent offenses must be imposed.  A fine imposed under this subsection may not 
be suspended by the court.
Sec. 4.  29-A MRSA §2081, sub-§3, ¶C, as enacted by PL 2001, c. 585, §3 and 
affected by §6, is amended to read:
C.  The operator shall ensure that a child who is less than 12 years of age and who 
weighs less than 100 pounds is properly secured in the rear seat of a vehicle, if 
possible.
Sec. 5.  29-A MRSA §2081, sub-§4, ¶A-2 is enacted to read:
A-2.  The requirements of subsections 2-A, 2-B and 3 do not apply if a child 
passenger has a medical condition that, in the opinion of a physician, nurse 
practitioner, physician assistant or child passenger safety technician with special 
needs training, necessitates that a different child restraint system be used to improve 
the safety of the child.  An opinion rendered pursuant to this paragraph must be made 
in writing by the physician, nurse practitioner, physician assistant or child passenger 
safety technician with special needs training and must explain the basis of the 
opinion.
SUMMARY
This bill amends the laws governing motor vehicle child restraint systems to provide 
exceptions for children who exceed a manufacturer's recommended height limit and for 
children who have a medical condition that necessitates a different child restraint system.