Child Passenger Safety Laws

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.

  • All 50 states, the District of Columbia, Guam, the Northern Mariana Islands and the Virgin Islands have child passenger safety laws.
  • 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.
  • 42 states and the District of Columbia have laws requiring the use of a booster seat or other appropriate restraint device by children who have outgrown their forward-facing child safety seats, but who are still too small to use an adult seat belt system safely.

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

4 - 15

$15

Arizona

<5

Not permissible

$50

Arkansas

<5 (and <60)

6 - 14 (or >60)

$100

California

<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

Colorado

<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

Connecticut

<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

Delaware

<7 (and <65)

8 - 15 (or >65)

$25

D.C.

<7

8 - 15

$75

Florida

<3

4 - 5

$60

Georgia

<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

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 and can use lap belt if lap/shoulder belts unavailable

$100

Idaho

<7; 4 - 6 in booster seat

Not permissible

$69

Illinois

<7 in a proper child safety restraint system

8 - 15

$50

Indiana

<7, when driver holds Indiana license

8 - 15

$25

Iowa

1 - 5; <1 (and <20) in a rear-facing child seat

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 lbs. or >57")

$60

Kentucky

<40" in child restraint; < 6 (and between 40" and 50") in a booster seat

<6 (and > 50")

$50 child restraint;
$30 booster seat

Louisiana

<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

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 inches)

8 - 12 (or >57")

$25

Michigan

<7 (and <57 inches)

8 - 15 (or >57")

$10 for child under age 4;
$50 for ages 4 - 8 and under 4'9"

Minnesota

<4

Not permissible

$50

Mississippi

<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

Missouri

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

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 (or <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

<6 in all seats

7 - 15

$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 >57" and >80 lbs.); <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 (and <40)

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 <54" and <80 lbs.) in rear seat if available

>7

$75

South Carolina

<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

South Dakota

<4 (and <40)

5 - 17 (or >40)

$20

Tennessee

<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

Texas

<4 (or <36") in child passenger safety system

Not permissible

$200

Utah

<7 (and <57")

8 - 15 (or >57")

$45

Vermont

<1 (or <20) in a rear-facing infant seat; 2 - 7 (and >20)

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, 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

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. Most recently reviewed July, 2008.