By Deborah Reed
WKTV Managing Editor
deborah@wktv.org
New care seat safety legislation developed by State Representatives John Fitzgerald (District 83) and Carrie Rheingans (District 47) works to increase child safety and educate caregivers.
On Sept. 27, bills titled HB 4511 and HB 4512 passed through the Michigan House of Representatives.
In a recent interview with WKTV Journal, Rep. Fitzgerald said these companion bills are “intended to work together to make sure that we not only have the law, but also the enforcement mechanism by which we can hold drivers, and parents, and guardians, and caregivers accountable to make sure children are traveling safely here in the state of Michigan.”
Constructed by Rep. Rheingans, HB 4511 builds a framework ensuring children are in properly fitting car seats. Enforcement guidelines and educational components are introduced by Fitzgerald in HB 4512.
Education vs. Punishment
“There is a lot that goes into safe travel, and now what we see is that there will be an educational component to this bill,” said Fitzgerald.
Previous Michigan law did not match federal law or manufacturer standards, creating confusion among parents and caregivers. This new legislation will provide one consistent message, eliminating that uncertainty.
A common area of confusion revolves around the age of a child versus height and weight. The most important factor in an accident is height and weight, not age.
“That’s where physics comes into play,” said Fitzgerald. “We want to make sure children are in the right position, meaning forward-facing or rear-facing, and that they are using the correct belts.”
Primary vs. Secondary enforcement mechanisms
An enforcement structure has been put into place with this new legislation. The legislation only allows police officers to check a child safety seat in a vehicle already pulled over for primary traffic violations such as speeding or broken taillights.
If a child is not in a proper car seat or position upon inspection, the caregiver can then be assigned a civil infraction fee. However, that fee can now be waived if the caregiver acquires the right seat and education provided by a car seat safety professional.
Child car seat safety professionals can be found locally at the Public Safety Department and Fire Department in Wyoming.
“We are not trying to punish someone for having the wrong information or the wrong seat,” said Fitzgerald. “We want to help you. We want to help guide you along this journey as your child ages.
“The most important part of that is getting educated on why the right seat was needed, and how that is going to help your child travel safely now.”
Strong bipartisan support
Many voices were taken into consideration during the process of the new legislation. Firefighters, police officers, professionals versed in medicine, and community members were all consulted while developing bills 4511 and 4512.
“When you craft this legislation, you are taking into consideration expert testimony, expert input on the bill, and also those of your community,” said Fitzgerald.
“We saw strong bipartisan support on both of these bills in the House of Representatives,” Fitzgerald continued. “That was a great first test of the bills and whether or not we thought that this was something that could be deployed throughout the state and made law.”
As the bills move into the Senate, Fitzgerald is confident they will continue to see bipartisan support.
A theme of safety
Driver, public and traffic safety are of high importance to the legislature in Lansing.
Fitzgerald noted that recent legislation “has really pushed Michigan forward to consider good traffic safety laws that, I think, are responding to the twenty-first century nature of technology and driver safety.”
Among that legislation is the new Michigan hands-free law that took effect on June 30, 2023.
“This isn’t really new,” said Fitzgerald, stating that other states have had a hands-free law in effect for some time. “But it is something to cut down on distracted driver accidents.”
Michigan legislators are also looking to use traffic enforcement cameras throughout the state for the first time.
The House recently passed a law allowing for use of traffic enforcement cameras in work safety zones.
That law, however, includes specific qualifiers. Barriers between traffic and workers and a speed of 10 miles per hour over the posted limit are required in order to cite a violation.
Fitzgerald is currently developing another bill allowing for that same enforcement in school zones.
Contact your representative
Rep. Fitzgerald has standing drop-in hours at City Hall in Wyoming for those wishing to speak with him in person. Those hours are 10:30 a.m. to 12 p.m. on the second and fourth Mondays of each month.
The representative can also be reached at johnfitzgerald@house.mi.gov and 517-373-0835.
