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My DD is 8 and in 3rd grade and she's still in a booster. By "age" standards, she doesn't have to be but because the seat belt doesn't hit her properly without the booster, she is staying in it. Safety first here. If you go by the height standards, my aunt would still be in a booster!
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I don't have the law in front of me to reference, but I'm pretty sure the wording was 4'9" OR 8, which would mean that your 8 year old wouldn't HAVE to have a booster. If the wording is AND like it is for the regular car seat (4 AND 40 pounds), then he would still have to have a booster since he wouldn't meet both requirements. I think they have the height requirement so that (besides safety) if your 6 year old was 5 1/2 feet tall, they wouldn't be required to ride in a booster (which makes sense, since they would be taller than many adults!).
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This is our law in Missouri • Children less than 4 years old or less than 40 pounds must be in an appropriate child safety seat. • Children ages 4 through 7 who weigh at least 40 pounds must be in an appropriate child safety seat or booster seat unless they are 80 pounds or 4'9" tall. • Children 8 and over or weighing at least 80 pounds or at least 4’9” tall are required to be secured by a safety belt or buckled into an appropriate booster seat. My youngest ds is 9. He's 4' 4" and weighs 60lbs he still rides in a booster seat, legally he doesn't have to because of his age, but he's small so we keep him in it. I don't know if we'll keep him in it until 4'9"/80lbs though. My oldest ds didn't hit 4'9" until he was 11 and didn't hit 80lbs until after he turned 12. He rode in a booster seat until a little while after turning 10yrs after that it was a regular seat belt in the back seat.
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