Child Passenger Safety Laws

November 2009

Child passenger restraint requirements vary based on age, weight and/or height. Many states permit children over a particular height or weight to use an adult safety belt, regardless of age.

First offense fines for not complying with a state's child passenger safety laws vary from $10 to $200. Some states use driver's license points as an additional penalty for noncompliance.

  • All 50 states, the District of Columbia, Guam, the Northern Mariana Islands and the Virgin Islands require child safety seats for infants and children fitting specific criteria.
  • 47 states and the District of Columbia require booster seats or other appropriate devices for children who have outgrown their child safety seats but are still too small to use an adult seat belt safely. The only states lacking booster seat laws are Arizona, Florida and South Dakota.
  • 5 states (California, Florida, Louisiana, New Jersey and New York) have seat belt requirements for school buses. Texas will require them on buses purchased after September 2010.

State

Child Restraint Required
unless indicated, # refers to Yrs.(Lbs.)

Adult Safety Belt Permissible
unless indicated, # refers to Yrs.(Lbs.)

Maximum Fine
First Offense

Alabama <1 (or <20) in rear-facing infant seat; 1 - 4 (or 20 - 40) in forward-facing child safety seat; 5 (but not yet 6) in booster seat 6 - 14 $25
Alaska <3 in child safety seat; 4 - 8 (and 20 - 65 and <57" in booster seat 8 - 15 (or >55") $15
Arizona <5 Not permissible $50
Arkansas <5 (and <60) 6 - 14 (or >60) $100
California <5 (or <60) in a rear seat 6 - 15 (or >60) $100
Colorado <1 (and <20) in rear-facing infant seat; 1 - 3 (and 20 - 40) in forward-facing child safety seat; 4 - 5 (and <55") in booster seat 6 - 17 (or >55") $82
Connecticut <1 (or <20) in rear-facing restraint system; 1 - 6 (and <60) in child restraint system; booster seats only w/ a lap and shoulder belt 7 - 15 (and >60) $60
Delaware <7 (and <66) 8 - 15 (or >66) $25
D.C. <7 8 - 15 $75
Florida <3 4 - 5 $60
Georgia <5 (and <57") in rear seat if available >57"; >40 lbs. can use lap belt if lap/shoulder belt unavailable $50
Guam >2 and <12

No data No data
Hawaii <3 in child safety seat; 4 - 7 in booster seat or child restraint 4 - 7 (and >4'9"); 4 - 7 (and >40 lbs.) in rear seat; can use lap belt if lap/shoulder belt unavailable $100
Idaho <7 Not permissible $69
Illinois <7 8 - 15; >40 lbs. in rear seat if only lap belt available $50
Indiana <7 8 - 15 $25
Iowa <1 (and <20) in a rear-facing child seat; 1 - 5 in child restraint 6 - 10 $25
Kansas <3 in child restraint; 4 - 7 (and <80 or <57") in child restraint or booster seat 8 - 13; 4 - 7 (and >80 or >57") $60
Kentucky <40" in child restraint; < 6 (and between 40" and 50") in booster seat <6 (and >50") $50 child restraint;
$30 booster seat
Louisiana <1 (or <20) in rear-facing child safety seat; 1 - 3 (or 20 - 39) in forward-facing child safety seat; 4 - 5 (or 40 - 60) in booster seat 6 -12 (or >60) $50
Maine <40 lbs. in child safety seat; 40 - 80 lbs. and <8 yrs. in safety system that elevates child so that adult safety belt fits properly; <11 (and <100) in rear seat if available 8 - 17 (or <18 yrs. and >4'9") $50 (max. $250 for subsequent offenses)
Maryland <8 years (and either <57" or <65 lbs.) 8 - 15 (or >57" or 65 lbs.) $25
Massachusetts <7 (and <57") 8 - 12 (or >57") $25
Michigan <7 (and <57")
<4 must be in car seat in the back seat
8 - 15 (or >57") $10 for child under age 4;
$50 for ages 4 - 8 and under 4'9"
Minnesota <7 (and <57") >8 (or >57”) $50
Mississippi <3 in child restraint; 4 - 6 (and <57" or <65 lbs.) in booster seat <6 (and >57" or >65 lbs.) $25
Missouri Primary Enforcement: <4 (or <40) in child safety seat; 4 - 7 (and 40 - 80 and <4'9") in booster seat; if all safety restraints in use, <16 in rear seat 8-16; >4 (and >80 or >4'9") $50; $10 for >80 or >4'9"
Montana <6 (and <60) Not permissible $100
Nebraska <5 6 - 17 $25
Nevada <6 (and <60) Not permissible $500
New Hampshire <5 (and <55") 6 - 17 (or <6 and >55") $25
New Jersey <8 (and <80) in rear seat if available Not permissible $25 plus court fees
New Mexico <1 in rear-facing infant seat in rear seat if available; 1 - 4 (or <40) in child safety seat; 5 - 6 (or <60) in booster seat 7 - 17 $25
New York <3 unless >40 lbs. and no lap/shoulder belt available; 4 - 6 unless no lap/shoulder belt available 7 - 15; or 4 - 6 (or >40) if no lap/shoulder belt available $100
North Carolina <7 (and <80)

8 - 15 (and 40 - 80 lbs. in seats w/out shoulder belts)

$25 + $100 court costs
North Dakota <6 (and <57" or <80 lbs.) 7 - 17; <6 (and >80 and >57"); <6 (and >40) can use lap belt if lap/shoulder belts unavailable $25 + 1 pt.
Northern Mariana Islands <5 (or <70) >5 (or >70) $50 - $250
Ohio <4 (or <40) in child safety seat; 4 - 8 (and <4'9") in booster seat 4 - 14 $150
Oklahoma <5 6 - 12 $50 ($15/proof of child safety seat)
up to $207.90 with court costs
Oregon <1 (or <20) in rear-facing child safety seat; <40 lbs. in a child safety seat; >40 lbs. (and <4'9" or less than 8 years old) in safety system that elevates the child so that an adult seat belts fits properly >4'9" $97
Pennsylvania <7 Not permissible $100
Rhode Island <6 (and <80 and <54") in rear seat if available <6 (and >80 or >54"); 7 - 17 $75
South Carolina <1 (or <20) in rear-facing infant seat; 1 - 5 (and 20 - 39) in forward-facing child safety seat; 1 - 5 (and 40 - 80) in booster seat secured by lap/shoulder belt (lap belt alone is not permissible); <5 in rear seat if available 1 - 5 (and >80) or <5 if child's knees bend over the seat edge when sitting up straight with his/her back firmly against the seat back $150
South Dakota <5 (and <40) 5 - 17 (or >40) $25
Tennessee <1 (or <20) in rear-facing infant seat; 1 - 3 (and >20) in forward-facing infant seat; 4 - 8 (and <4'9") in booster seat; <8 (and <4'9") in rear seat if available; rear seat recommended for 9 - 12

9 - 15 (or <12 and >4'9")

$50
Texas <4 (and <36") in child safety seat; 4 - 8 (and <57") in booster seat

8 - 15 (or >57")

$200
Utah <7 (and <57") 8 - 15 (or >57") $45
Vermont <1 (or <20) in rear-facing infant seat; 2 - 7 (and >20); in rear seat unless front passenger airbag is deactivated 8 - 15 (and >20) $25
Virgin Islands <5 >3 $25 to $250
Virginia <7; rear-facing devices in rear seat if available; if not, in front seat only if front passenger airbag is deactivated 8 - 15 $50
Washington <8 (and <4'9"); <13 in rear seat if practical 8 - 15 (or <8 and >4'9") $124 to driver if passenger <16; $124 to passenger if >16
West Virginia <7 (and <4'9") <7 (and >4'9) $20
Wisconsin <1 (or <20) in rear-facing infant seat; 1 - 3 (and 20 - 40) in forward-facing child safety seat; 4 - 7 (and 40 - 80 and <57") in booster seat; <3 in rear seat if available <8 (and >80 and >57") $75
Wyoming <8 in rear seat if available Not permissible $50
Totals 50 States + D.C., Guam, Northern Mariana Islands, Virgin Islands    

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.