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Although laws vary from state to state, you are much better off following the guidelines of the National Highway Traffic Safety Administration and keep your child who is over 40 pounds in a belt positioning booster seat until they are eight years old, unless they are already 4'9" tall. This is because 'a child under 80 lbs. is generally too small for an adult seat belt. The lap belt rides up over the stomach and the shoulder belt cuts across the neck. In a crash, this can cause critical or even fatal injuries.'

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