CHILD CAR SEAT FASTENING AS NEGLIGENCE

SB0313

SENATE BILL 313

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO MOTOR VEHICLES; ELIMINATING PROVISIONS OF LAW THAT
FAILURE TO BE SECURED BY A CHILD PASSENGER RESTRAINT DEVICE OR
BY A SAFETY BELT AS REQUIRED BY THE SAFETY BELT USE ACT SHALL
NOT IN ANY INSTANCE CONSTITUTE FAULT OR NEGLIGENCE AND SHALL
NOT LIMIT OR APPORTION DAMAGES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 66-7-369 NMSA 1978 (being Laws 1983,
Chapter 252, Section 2, as amended) is amended to read:

"66-7-369. CHILD PASSENGER RESTRAINT--ENFORCEMENT.--

A. A person shall not operate a passenger car, van
or pickup truck in this state, except for an authorized
emergency vehicle, public transportation or a school bus,
unless all passengers less than eighteen years of age are
properly restrained.

B. Each person less than eighteen years of age
shall be properly secured in a child passenger restraint device
or by a safety belt, unless all seating positions equipped with
safety belts are occupied, as follows:

(1) children less than one year of age shall
be properly secured in a rear-facing child passenger restraint
device that meets federal standards, in the rear seat of a
vehicle that is equipped with a rear seat. If the vehicle is
not equipped with a rear seat, the child may ride in the front
seat of the vehicle if the passenger-side air bag is
deactivated or if the vehicle is not equipped with a
deactivation switch for the passenger-side air bag;

(2) children one year of age through four
years of age, regardless of weight, or children who weigh less
than forty pounds, regardless of age, shall be properly secured
in a child passenger restraint device that meets federal
standards;

(3) children five years of age through six
years of age, regardless of weight, or children who weigh less
than sixty pounds, regardless of age, shall be properly secured
in either a child booster seat or an appropriate child
passenger restraint device that meets federal standards; and

(4) children seven years of age through twelve
years of age shall be properly secured in a child passenger
restraint device or by a seat belt.

C. A child is properly secured in an adult seat
belt when the lap belt properly fits across the child's thighs
and hips and not the abdomen. The shoulder strap shall cross
the center of the child's chest and not the neck, allowing the
child to sit all the way back against the vehicle seat with
knees bent over the seat edge.

[
D. Failure to be secured by a child passenger
restraint device, by a child booster seat or by a safety belt
as required by this section shall not in any instance
constitute fault or negligence and shall not limit or apportion
damages.
]"

SECTION 2.
Section 66-7-373 NMSA 1978 (being Laws 1985,
Chapter 131, Section 4, as amended) is amended to read:

"66-7-373. ENFORCEMENT PROGRAMS.--

[
A. Failure to be secured by a child passenger
restraint device or by a safety belt as required by the Safety
Belt Use Act shall not in any instance constitute fault or
negligence and shall not limit or apportion damages.

B.
]
A.
The bureau in cooperation with the [
state
department of
] public education
department
and the department
of health shall, to the extent that funding allows, provide
education to encourage compliance with the use of restraint
devices in reducing the risk of harm to their users as well as
to others.

[
C.
]
B.
The bureau shall evaluate the effectiveness
of the Safety Belt Use Act and shall include a report of its
findings in the annual evaluation report on its highway safety
plan that it submits to the national highway traffic safety
administration and the federal highway administration under 23
U.S.C. 402.

[
D.
]
C.
The provisions of the Safety Belt Use Act
shall be enforced whether or not associated with the
enforcement of any other statute."

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