Question about child seat in taxi? (Houston: renting, lawyer, school)

[tmc300]

We are flying from overseas to Houston. In our country, you don't need child seat for young kids in cars. So, we don't have child seats. But when we arriving in Houston, we plan to take a taxi to our house.
In the Texas Penal Code section E-1 above, does that mean we can ride the taxi without child seat? It is hard for me to understand those legal language.

We'll have child seats for our own car. We just need to get home from the airport first.

[tmc300]

BTW, if riding the taxi without child seat is not safe, is there another alternative that is safer? In Los Angeles, you can call Super Shuttle to take you home from the airport. Is there something like Super Shuttle in Houston and will this be safer than taxi?

[Sampaguita]

If you haven't already noticed, I am a car seat safety proponent.

I contacted the person who has installed our car seats in Montgomery County and she said:

The only law regarding car seats really pertains to space/size, not specific vehicles. The law stipulates children must be restrained provided there are open seating positions which accommodate seatbelts or child restraints. The cab should have enough seat belts for everyone.

So, if there are 4 passengers in a taxi, there would usually be enough seat belts for those 4 passengers. If 2 of the passengers are children required by law to be in car seats or boosters, then they are required by law to be in those restraints.

She said that shuttles are different in that most do not have seat belts due to the weight of the vehicle (like buses).

I am in contact with OP by DM to help them out when they arrive (if I can!).

[tmc300]

Oh no! So, if we take a taxi, our two kids needs car seats.
But if we take a shuttle (like Super Shuttle), you mean that we don't need car seat, right?

[Sampaguita]

Originally Posted by tmc300

Oh no! So, if we take a taxi, our two kids needs car seats.
But if we take a shuttle (like Super Shuttle), you mean that we don't need car seat, right?

I just called Super Shuttle and was told that while it's not mandatory, it's "highly recommended". They DO have seat belts in their vehicles so by law, you actually do need the car seat - at least for your youngest (5 & under is what I was told by Super Shuttle).

[fnh]

If there are seat belts available in the taxi then everyone including the kids would need to have their seat belts fastened. They are NOT legally required to have a car seat though. The law is quite clear that the CAR SEAT requirement does not apply to vehicles for hire.

Again, here is the relevant section of the Penal Code:

Sec. 545.413. Safety Belts; Offense.

1. A person commits an offense if:
   1. the person:
      1. is at least 15 years of age;
      2. is riding in [the front seat of] a passenger vehi*cle while the vehicle is being operated;
      3. is occupying a seat that is equipped with a safety belt; and
      4. is not secured by a safety belt; or
   2. as the operator of a school bus equipped with a safety belt for the operator's seat, the person is not se*cured by the safety belt.
2. A person commits an offense if the person:
   1. operates a passenger vehicle that is equipped with safety belts; and
   2. allows a child who is younger than 17 years of age and who is not required to be secured in a child pas*senger safety seat system under Section 545.412(a) to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.
   (b-1) A person commits an offense if the person allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in a passen*ger van designed to transport 15 or fewer passengers, in*cluding the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt.
3. A passenger vehicle or a seat in a passenger vehi*cle is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts.
4. An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200.
5. It is a defense to prosecution under this section that:
   1. the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;
   2. the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;
   3. the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehi*cle or that requires frequent entry into and exit from a ve*hicle;
   4. the person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle;
   5. the person is employed by a public or private util*ity company and is engaged in the reading of meters or performing a similar duty for that company requiring the operator to frequently enter into and exit from a vehicle; or
   6. The person is operating a commercial vehicle reg*istered as a farm vehicle under the provisions of Section 502.163 that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more.

[Sampaguita]

A person commits an offense if the person:
operates a passenger vehicle that is equipped with safety belts; and
allows a child who is younger than 17 years of age and who is not required to be secured in a child pas*senger safety seat system under Section 545.412(a) to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.

(b-1) A person commits an offense if the person allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in a passen*ger van designed to transport 15 or fewer passengers, in*cluding the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt.
A passenger vehicle or a seat in a passenger vehi*cle is considered to be equipped with a safety belt if the vehicle is require

The way I am interpreting this (see bold - specifically "...who is not required to be secured in child passenger safety seat system...") is that because OP's children are actually required by law to be in car seats (based on the ages he told me), they have to be properly restrained in car seats in commercial vehicles such as cabs or shuttles so long as those vehicles have seat belts.

[fnh]

Yeah, it's confusing, but since vehicles for hire are specifically exempted in 545.412(e) (see previous chunk of statute on page 1 of this thread), her children are therefore NOT required to be in a car seat under 545.412(a), and therefore need only be restrained with the seat belt per section 545.413, like everyone else. (DH is an attorney.)

The original question was simply whether it is legal to take a taxi from the airport to their new home without car seats. The answer is YES, it is legal, car seats are NOT required in the taxi. Especially considering that the OP is arriving here from another country where it seems car seats aren't common if at all available, how can they be expected to have them? The kids have never been in car seats before so we needn't worry them about a ride home from the airport. I'm sure they are stressed enough!

[Sampaguita]

Originally Posted by fnh

Yeah, it's confusing, but since vehicles for hire are specifically exempted in 545.412(e) (see previous chunk of statute on page 1 of this thread), her children are therefore NOT required to be in a car seat under 545.412(a), and therefore need only be restrained with the seat belt per section 545.413, like everyone else. (DH is an attorney.)

The original question was simply whether it is legal to take a taxi from the airport to their new home without car seats. The answer is YES, it is legal, car seats are NOT required in the taxi. Especially considering that the OP is arriving here from another country where it seems car seats aren't common if at all available, how can they be expected to have them? The kids have never been in car seats before so we needn't worry them about a ride home from the airport. I'm sure they are stressed enough!

I think we'll have to agree to disagree on this. Anything can happen during a "ride home from the airport". No one plans for an accident - that's why they're called accidents.

I know what OP asked and I understand the letter of the law. But in the spirit of the law, as a parent with 2 small children and based on the information provided by the Montgomery County police department, I think it's crucial to provide people with as much information as possible for them to make the best decision for the safety of their family.

[Sampaguita]

Originally Posted by fnh

Here is the relevant section from the Texas Penal Code:

TRC § 545.412. CHILD PASSENGER SAFETY SEATSYSTEMS; OFFENSE. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight [five] years of age, unless the child is taller than four feet, nine inches [and less than 36 inches in height], and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.
(b) An offense under this section is a misdemeanor punishable by a fine of not [less than $100 or] more than $25 for the first offense and not more than $250 for a sec*ond or subsequent offense [$200].
(b-1) In addition to all other fees and court costs, a per*son shall pay 15 cents as a court cost on conviction of an offense under this section. Court costs due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case. The clerk at least monthly shall send the court costs collected under this section to the comptroller for deposit in a separate ac*count in the general revenue fund that may be appropri*ated only to the Texas Department of Transportation and used to purchase child passenger safety seat systems and distribute them to low-income families.
(c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose.
(d) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 8.01
(e) This section does not apply to a person:

(1) operating a vehicle transporting passengers for hire, excluding [including] third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation; or
(2) transporting a child in a vehicle in which all seat*ing positions equipped with child passenger safety seat systems or safety belts are occupied.

fhn - I still don't see where it says that children are exempted from car seats riding in transport (cab/shuttles) vehicles. [b](2) only makes an exception if all seats or safety belts are already in use.

From what I understand, the OP will be traveling with wife and 2 small children. Most cabs that I know of have room & seat belts for 4 passengers (1 in front, 3 in back) so why would they be exempt?