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Issue Brief: Occupant Protection |
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 the child's age. First offense fines for not complying with a state's child passenger safety laws vary substantially, from $10 up to $200. Some states use driver's license points as an additional penalty for noncompliance.
State |
Child Restraint Required |
Adult Safety Belt Permissible |
Maximum Fine |
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<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 |
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<3 |
4 - 15 |
$15 |
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<5 |
Not permissible |
$50 |
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<5 (and <60) |
6 - 14 (or >60) |
$100 |
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<1 (or <20) or in a rear-facing restraint system in rear seat only if front pass. air bag is active; <5 (or <60) in a rear seat |
6 - 15 (or >60) |
$100 |
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<1 (and <20) in a rear-facing infant seat; 1 - 3 (and 20 - 40) in a forward-facing child safety seat; 4 - 5 (and < 55") in a booster seat |
6 - 17 (or >55") |
$82 |
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<1 (or <20) in a rear-facing restraint system; 1 - 6 (and <60) in a child restraint system; booster seats only w/ a lap and shoulder belt |
7 - 15 (and >60) |
$60 |
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<7 (and <65) |
8 - 15 (or >65) |
$25 |
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<7 |
8 - 15 |
$75 |
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<3 |
4 - 5 |
$60 |
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<5 (and <57" or 4'9" tall); <5 must be in rear seat if available |
>40 lbs. can use lap belt if lap/shoulder belts unavailable |
$50 |
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>2 and <12 |
No data |
No data |
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<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 and can use lap belt if lap/shoulder belts unavailable |
$100 |
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<7; 4 - 6 in booster seat |
Not permissible |
$69 |
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<7 in a proper child safety restraint system |
8 - 15 |
$50 |
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<7, when driver holds Indiana license |
8 - 15 |
$25 |
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1 - 5; <1 (and <20) in a rear-facing child seat |
6 - 10 |
$25 |
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<3 in child restraint; 4 - 7 (and <80 or <57") in child restraint or booster seat |
8 - 13; 4 - 7 (and >80 lbs. or >57") |
$60 |
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<40" in child restraint; < 6 (and between 40" and 50") in a booster seat |
<6 (and > 50") |
$50 child restraint; |
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<1 (or <20) in a rear-facing child safety seat; 1 - 3 (or 20 - 39) in a forward-facing child safety seat; 4 - 5 (or 40 - 60) in a child booster seat |
6 -12 (or >60) |
$50 |
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<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) |
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<8 years (and either <57" or <65 lbs.) |
8 - 15 (or >57" or 65 lbs.) |
$25 |
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<7 (and <57 inches) |
8 - 12 (or >57") |
$25 |
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<7 (and <57 inches) |
8 - 15 (or >57") |
$10 for child under age 4; |
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<4 |
Not permissible |
$50 |
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<3 in a child restraint; 4 - 6 years (and either <57" or <65 lbs.) in a booster seat |
<6 (and either >57 inches or >65 lbs.) |
$25 |
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Primary Enforcement: <4 (or <40 lbs. regardless of age) in child safety seat; 4 - 7 (and 40 - 80 lbs. and <4'9") in booster seat; if all safety restraints in use, <16 in rear seat |
>8 (or >4 and >4' 9" or >80 lbs.) |
$25 |
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<6 (and <60) |
Not permissible |
$100 |
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<5 |
6 - 17 |
$25 |
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<6 (and <60) |
Not permissible |
$500 |
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<5 (and <55") |
6 - 17 (or <6 and >55") |
$25 |
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<8 (or <80) in rear seat if available |
Not permissible |
$25 plus court fees |
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<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 |
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<6 in all seats |
7 - 15 |
$100 |
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<7 (and <80) |
8 - 15 (and 40-80 lbs. in seats w/out shoulder belts) |
$25 + $100 court costs |
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<6 (and <57" or <80 lbs.) |
7 - 17; <6 (and >57" and >80 lbs.); <6 (and >40) can use lap belt if lap/shoulder belts unavailable |
$25 + 1 pt. |
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<5 (or <70) |
>5 (or >70) |
$50 - $250 |
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<4 (and <40) |
4 - 14 |
$150 |
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<5 |
6 - 12 |
$50 ($15/proof of child safety seat) |
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<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 |
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<7 |
Not permissible |
$100 |
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<6 (and <54" and <80 lbs.) in rear seat if available |
>7 |
$75 |
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<1 (or <20) in a rear-facing infant seat; 1 - 5 (and 20 - 39) in a 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 the child's knees bend over the seat edge when sitting up straight with his/her back firmly against the seat back |
$150 |
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<4 (and <40) |
5 - 17 (or >40) |
$20 |
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<1 (or <20) in a rear-facing infant seat; 1 - 3 (and >20) in a forward-facing infant seat; 4 - 8 (and <4'9") in a booster seat; <8 and <4'9" in rear seat if available; rear seat recommended for children 9 - 12 |
9 - 15 (or <12 and >4'9") |
$50 |
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<4 (or <36") in child passenger safety system |
Not permissible |
$200 |
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<7 (and <57") |
8 - 15 (or >57") |
$45 |
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<1 (or <20) in a rear-facing infant seat; 2 - 7 (and >20) |
8 - 15 (and >20) |
$25 |
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<5 |
>3 |
$25 to $250 |
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<7; rear-facing devices in rear seat if available; if not, in front seat only if front passenger airbag is deactivated |
8 - 15 |
$50 |
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<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 |
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<7 (and <4'9") |
>7 (and >4'9) |
$20 |
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<1 (or <20) in rear-facing infant seat; 1 - 3 (and >20, but <40) in forward-facing safety seat; 4 - 7 (and >40, but <80 and less than 57") in booster seat; <3 in rear seat if available |
>8 (and >80 and >57") |
$75 |
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<8 in rear seat if available |
Not permissible |
$50 |
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Totals |
50 States + D.C., Guam, Northern Mariana Islands, Virgin Islands |
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Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices. Most recently reviewed July, 2008.