Child Passenger Safety
The chart below describes the statewide laws related to child passenger safety across the country. Use the arrows below the chart to toggle through the states in alphabetical order. To advance slowly, click the single right arrow (>). To jump to the end, click the double arrows (>>). Or use the filter by state feature to jump to a specific state.
Scroll down for a summary and overall totals of the number of states that have specific provisions.
Last updated in April 2024. Laws last reviewed by State Highway Safety Offices in March 2024.
| New Jersey | New Mexico | New York | North Carolina |
|---|---|---|---|
| Child Restraint Required
Under 2 yrs and under 30 lbs in rear-facing seat |
Child Restraint Required
Under 1 yrs in rear-facing seat, in rear seat, if available |
Child Restraint Required
Under 2 yrs (or until outgrows the top height or weight recommendations) in rear-facing child restraint 3 yrs or under unless over 40 lbs and no lap/shoulder belt available 4-7 yrs unless no lap/shoulder belt available |
Child Restraint Required
7 yrs or under and under 80 lbs must be properly secured in a weight-appropriate child restraint |
| Adult Safety Belt Permissible
8 yrs or older or over 57" |
Adult Safety Belt Permissible
7-17 yrs |
Adult Safety Belt Permissible
8 yrs and older must be restrained by a seatbelt |
Adult Safety Belt Permissible
8 and older or 80 or more lbs may be properly secured with an adult seat belt |
Under 2 yrs and under 30 lbs in rear-facing seat
Under 4 yrs and under 40 lbs until height or weight limit reached in child safety seat
Under 8 yrs and shorter than 57" in forward-facing child safety seat or booster seat until height or weight limit reached in rear seat, if available
8 yrs or older or over 57"
Under 1 yrs in rear-facing seat, in rear seat, if available
1-4 yrs or under 40 lbs in child safety seat
5-6 yrs or under 60 lbs in booster seat
7-17 yrs
Under 2 yrs (or until outgrows the top height or weight recommendations) in rear-facing child restraint
3 yrs or under unless over 40 lbs and no lap/shoulder belt available
4-7 yrs unless no lap/shoulder belt available
8 yrs and older must be restrained by a seatbelt
7 yrs or under and under 80 lbs must be properly secured in a weight-appropriate child restraint
Under 5 and less than 40 lbs must be in the back seat (some exceptions apply)
8 and older or 80 or more lbs may be properly secured with an adult seat belt
If no lap & shoulder belt is available for booster-age children, children at least 40 lbs may use a lap belt only (no child restraint).
Child Passenger Safety
All states and territories require child safety seats for infants and children fitting specific criteria, but requirements vary based on age, weight and height. This happens in three stages: rear-facing; forward-facing (harnessed) seats; and booster seats.
Many laws require all children to ride in the rear seat whenever possible, and most states permit children over a particular age, height or weight to use an adult safety belt.
First offense fines for not complying with a state's child passenger safety laws vary from $10 to $500. Some states also use driver's license points as an additional penalty for noncompliance.
- Most states, the District of Columbia and Puerto Rico 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.
NOTE: GHSA does not compile any additional data on child passenger safety laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office (SHSO).
Sources: Insurance Institute for Highway Safety (IIHS) and SHSOs.
Last updated in August 2024. Laws last reviewed by SHSOs in March 2024.