A couple of months ago, I had a conversation with an official about the "4 year & 40lbs" rule. This is the phrase used to indicate when children can move to boosters from a 5-point harness. We had heard it many times, in many ways, by many people. The reason I asked was that we had never seen it written anywhere. I'm sure it's written somewhere, maybe in an old edition of some book, but is it a message that should be repeated?
In the current climate, it doesn't make any sense. While techs and reps are encouraging higher weight forward-facing seats, they are also telling parents not to move into boosters until "at least 4 years & 40lbs". Isn't that the age and weight we find so many poorly fitted children?
The recent ABC Story on the benefit of higher-capacity forward-facing seats, which was well done, mentioned this common, but misleading phrase too. Where did they get that information?
Why not say, "5 & 50" or "6 & 60" before moving to booster seat? "5 & 55" has a nice ring too. Any one of these would make more sense and be more consistent with the current message to stay in a 5-point harness longer.
What experts are saying about boosters: In an effort to clear this up, we have been doing a little research. This is what some well respected organizations officially say about the time to move into a booster.
The American Academy of Pediatrics (AAP)
After speaking with an AAP Representative, this is what they recommend:
"Your child should stay in a car safety seat with a harness as long as possible before switching to a booster seat. You can tell when your child is ready for a booster seat when one of the following is true:
- She reaches the top weight or height allowed for her seat with a harness. (These limits are listed on the seat and are also included in the instruction booklet.)
- Her shoulders are above the harness slots.
- Her ears have reached the top of the seat."
In a 2002 policy statement, the AAP referenced "40 pounds" only in regard to the top weight of convertibles in production at that time. Current convertible seats allow significantly greater top weights. Never, according to the AAP, was the 40 lb weight referenced as a indicator of booster use. Additionally, the age of a child has never been mentioned as a green light to booster seat use.
The Children's Hospital of Philadelphia (CHOP) They mention"40 pounds" again, in reference to the top weight of some combination seat harnesses, but does not reference "4 & 40" in their current literature. In fact, they reference the AAP and NHTSA recommendations. So what does NHTSA say?
The Tech Makers: NHTSA, the agency that administers the 32-hour CPS Technician Course for Safe Kids, also refrains from using this terminology in their curriculum. Almost every current industry reference recommends using your seat with harness to the maximum weight of that seat.
The reason we and other agencies refrain from using the “4 & 40” phrase is that it implies that transitioning into a booster seat at 40lbs and 4 years is good and appropriate. It may be legal, but so is smoking. That may seem harsh, but car crashes kill more kids than any other cause.
"4 & 40" is not the safest option, which was the whole point of the ABC Story. We want parents to avoid the trap of buying a 40lb seat, because they think they can transition right into a booster. If you are a parent that is buying a convertible to replace your current infant seat, we recommend 5-point harnessed convertible seats that have a top weight of 65 or more pounds, not 40. By keeping your child in a harness longer, you are likely to avoid poorly fitting boosters.

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