CHILD CAR SEAT FASTENING AS NEGLIGENCE

SB 313 removes a legal provision stating that failing to secure children in appropriate car seats or seat belts cannot be considered negligence in court. This change directly affects parents and caregivers of children under 18 who do not comply with New Mexico’s existing child passenger restraint requirements. The bill amends two sections of state law to delete language that previously prevented such violations from being used as evidence of fault in accident cases. As a result, courts can now consider improper child restraint use when determining negligence or liability in traffic incidents involving minors. The actual safety requirements for child restraints (e.g., rear-facing seats for infants, booster seats for young children) remain unchanged.