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Senators told change in child restraint law would protect most vulnerable

By Garry Rayno - InDepthNH | Apr 21, 2021

Rep. Donovan Fenton, D-Keene, is HB 251's prime sponsor.

CONCORD — Physicians, health-care workers, and safety officials urged a Senate committee Tuesday to protect the state’s children with a change in child safety laws.

House Bill 251 would require children under two years old to be in a rear-facing car seat in a vehicle, but allows exceptions if the child’s size and weight exceed manufacturer’s recommendations.

At a public hearing, Senate Transportation Committee members heard from state safety officials, as well as industry representatives, and health care professionals in support of the bill that passed the House earlier this month.

Dr. Thomas Leach, of the NH Child Passenger Safety Program at Children’s Hospital at Dartmouth-Hitchcock, said the issue is serious injuries as well as fatalities.

“Children are so fragile the first 24 months of life they should start out in rear facing seats,” he said. “The chances for injury are so much greater in front-facing seats.”

The only opposition to the bill came from several Republican House members who also fought the bill during debate on the House floor.

One member described the bill as government overreach into what should be decisions made by parents and their pediatricians.

“This is government overreach and will impact low-income families who are trying to do their best,” said Rep. Leah Cushman, R-Weare.

Opponents also argued the bill would be extremely restrictive, would add financial burdens for young families, and would be impossible to enforce.

Many young parents would have to decide to break the law, said Rep. Erica Layon, R-Derry, because they could not afford to buy a larger vehicle or more expensive car seats.

“Breaking the law means they will be more likely to break more laws and increase police interactions,” Layon said. “Don’t make New Hampshire’s rear seat law the most restrictive in the country.”

What is needed, Layon said, is education.

She and others said New Hampshire has an extremely low fatality rate for children in vehicle crashes and the extra burden the new law would impose is not necessary.

State law currently requires children under eight years old to be restrained in a seat in a moving vehicle. Supporters said the bill simply adds the requirement the child be in a rear-facing seat for the first two years.

“This would fill the gap in child safety laws in New Hampshire,” said the bill’s sponsor, Rep. Donovan Fenton, D-Keene. “These seats are no more expensive than front-facing seats and they protect children during their most vulnerable (period).”

Leach said his program has trained more than 200 certified technicians to work with parents at 59 fitting stations throughout the state to deal with concerns and options.

Many parents are buying combination seats, he said, that will serve the child throughout the restraint years.

Committee member Sen. David Watters, D-Dover, noted 23 states now have similar restraint laws including four New England states and asked if there is any date about the impact on child injuries or fatalities.

Leach said while CHAD collects trauma data as do other hospitals, it is not collected in one place, noting there is a trauma registry but it needs to be better.

“I am very much concerned about the injury aspect in New Hampshire as well as fatalities,” Leach said. “A serious injury can be devastating for the child and the family for the rest of their lives; it can be debilitating and expensive.”

He said there needs to be a consistent message of keeping children in rear-facing seats for as long as possible and the bill would reinforce that practice.

Joe Colella of the Juvenile Products Manufacturers Association said the use of childhood restraint seats has done a tremendous job of reducing child fatalities.

And he addressed the opponents’ concerns about children outgrowing their seats, saying .1 percent of children turning two years old would exceed the 40-pound limit, noting some seats are designed for weights as high as 50 pounds.

Colella said the cost of the rear-facing seats is the same as a front-facing seat beginning at about $49.

Concord Hospital nurse Cindy Tuttle demonstrated the difference in child protection in a rear-facing seat versus a front-facing seat in a front end crash.

A University of Virginia study shows a child in a rear-facing seat is 75 percent less likely to suffer serious injury or death, she said, noting a front-facing seat does not secure the head or neck which can cause serious injuries to a child who needs time to develop physically.

Retired State Trooper William Haynes addressed questions raised by opponents about the enforcement of the proposed law saying police now face the same issue with current law requiring a child be restrained in a seat until eight years old.

A trooper can ask questions if he or she believes there may be a violation, but noted there is discretion and often education is the goal instead of issuing a citation.

The committee is expected to decide on its recommendation on the bill at its meeting next Tuesday.

Garry Rayno may be reached at garry.rayno@yahoo.com.

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