1. Overcoming Child Passenger Safety Violator Education Program Hurdles
Kate Bernacki, MPH
Coordinator, Vehicle Occupant Safety Program,
California Department of Public Health
Webinar, April 19, 2012

2. How to Participate on Today’s Webinars
Raise Hand
Submitting Questions
PowerPoint Slides

3. Presentation Overview: CA Child Passenger Safety (CPS) Violator Education Programs
CPS Laws – VC 27360, , 15620
Path of Violator/Court Responsibilities
Fine
Point
CA Violator Education Programs
Discussion points with the Courts
Recommended CPS Violator Education curriculum guidelines
How to develop a program

4. CA has unique CPS law CA CPS Vehicle Codes Fine Primary Enforcement
27360 – child restraint system from 0 to 6 years or 60 pounds in the rear seat
– child restraint system or seat belt from 6 years or 60 pounds to 16 years
15620 – prohibits leaving unattended child under age 7 in a vehicle where a significant risk to the child’s health and safety is present or when keys are left in the ignition or the car is running
Fine
$100 base fine ($400+ ticket)
Up to 85% goes to the local Health Department CPS Program
Main source of local CPS education and prevention funding

5. Local Health Department CPS Program May Include
Low cost car seat program for economically disadvantaged community
CPS Community education classes
CPS Technician trainings
Certification, Renewal, Update
CPS Check up events/fitting station
Community Outreach and Education/Media
CPS Violator Education Program

6. Path of a Violator
A Citation issued by state or local law enforcement - some are certified CPS Technicians
The Violator is Convicted and either:
Pays the full fine (a portion of which goes to the local health department’s CPS program) and receive a point on their driving record, or
Requests reduction in fine and the option to attend Traffic Violator School to take off the point and goes to the courts.

7. Responsibilities of the Court
FINE
The Court may reduce or waive the fine if:
the violator demonstrates economic disadvantage, and
the Court refers the violator to a child restraint education (CPS Violator Education) program if
a CPS Violator Education Program is within 50 miles of the violator’s residence; if not, then the requirement is waived.
POINT
For both VC and a point is issued on the violators record.
A violator can have the point removed only if they attend a DMV certified Traffic School course.
Previously VC 42005(b), eliminated in 2012, allowed the courts the prerogative to deem any course be appropriate in lieu of Traffic School to dismiss the point. All Traffic Schools now need to be certified by DMV.
Register the CPS violation as a conviction unless the citation is dismissed

8. CPS Violator Education Class Costs
Discussion Points with the Courts
CPS Violator Education Class provides:
Specific CPS information that Traffic School will not
Offers a low-cost car seat if needed
Certification of Completion that assures the Courts that the violator’s child will be properly restrained in the future.
The confidence to the Courts that this parent/violator will know how to secure all their children and this child through to age 16.
CPS Violator Education Class Costs
Cost for the CPS Violator Education class is dependent on if the court is waiving or reducing the fine.
Be sure to recover your costs for holding the class.
Check with each traffic court in your county.
Revisit your courts at least once every other year, since judges and court staff change.

9. CPS Violator Education Program Recommended Guidelines
Purpose of CPS Violator Education Program Guidelines:
Uniform Violator Education Programs across the state
Encourage cross-county reciprocity
Provide a referral list to the courts
Content is similar to CPS community education class
Covers VC 27360, , 15620, 27315, 23116
CPS Technician supervises or teaches class
Ratio of instructor to violator 1 to 15
Typically 2 hours
CPS Technician checks car seat to see if it has been recalled and is appropriate for the child
Low-cost car seat available if a new seat is needed
Certification of Completion for the courts

10. CA CPS Violator Education Programs
How to Start a CPS Violator Education Program
For technical assistance contact Kate Bernacki at VOSP and visit the website for detailed information at cdph.ca.gov/vosp
“Family Safety in the Car” - curriculum and technical assistance to start up CPS Violator Education Programs - SafetyBeltSafe U.S.A.
“Who’s Got Car Seats?” identifies which counties have CPS Violator Education Programs.
23 Counties have CPS Violator Education Programs.

11. The Violator Education Program is a collaboration between . . .
COURT’S ROLE
Register the CPS violation as a conviction unless dismissed
If decide to waive or reduce the fine, then
have violator show proof of economic disadvantage
AND
refer to Violator Education Program if available within 50 miles of residence
CPS Program/Coordinator The Courts Law Enforcement

12. Kate Bernacki, MPH (916) 552-9855 Kate.Bernacki@cdph.ca.gov cdph.ca.gov/vosp
**Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.**