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Safety belt and child restraint laws

May 2013

Safety belt laws

There are mandatory safety belt laws in all states except New Hampshire. In some states, these laws cover front-seat occupants only, but belt laws in 26 states and the District of Columbia cover all rear-seat occupants, too.

Belt use laws in 33 states and the District of Columbia are primary, meaning police may stop vehicles solely for belt law violations. In other jurisdictions, police must have some other reason to stop a vehicle before citing an occupant for failing to buckle up.

Safety belt use can have implications in civil suits — 16 states (Alaska, Arizona, California, Colorado, Florida, Iowa, Michigan, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oregon, West Virginia and Wisconsin) allow the "safety belt defense," which can reduce damages collected by someone in a crash if the person failed to buckle up. The reduction is permitted only for injuries that would have been prevented by a belt. In some states, the reduction may not exceed a fixed percentage of the damages.

Child restraint laws

All 50 states and the District of Columbia have child restraint laws. Child restraint laws require children to travel in approved child restraint devices, and some permit or require older children to use adult safety belts. The age at which belts can be used instead of child restraints differs among the states. Young children usually are covered by child restraint laws, while safety belt laws cover older children and adults.

Because enforcement and fines differ under belt use and child restraint laws, it's important to know which law is being violated when a child isn't restrained. Most child restraint laws are primary, meaning police may stop vehicles solely for child restraint violations. Nebraska and Ohio leave some children under a secondary enforcement law, meaning that police must have an additional reason to make a stop. Nebraska's law is secondary only for those children who may be in safety belts and primary for those who must be in a child restraint device. Ohio's law is secondary for children ages 4 through 14 years.

Ideally, all infants and children in all vehicles should be covered by enforceable safety belt laws or child restraint laws or both. But differences in the way the laws in various states are worded result in many occupants, especially children, being covered by neither law. Lawmakers have eliminated most of these gaps by amending their child restraint and safety belt laws; still, 15-year-olds riding in the rear seat in Arkansas, Alabama and Ohio, children age 7 and older riding in the rear seat in Mississippi, and children age 13 through 15 riding in the rear seat in Oklahoma are covered by neither law. All children younger than 16 in the other 45 states and the District of Columbia are covered by one, or both laws.

Age at which children must be in a restraint or a booster seat

(hover over map for more detail)

¹In California, children weighing more than 40 pounds may be belted without a booster seat if they are seated in the rear seat of a vehicle not equipped with lap/shoulder belts. The California rear seat requirement does not apply if: there is no rear seat; the rear seats are side-facing jump seats; the rear seats are rear-facing seats; the child passenger restraint system cannot be installed properly in the rear seat; all rear seats are already occupied by children under 12 years; or medical reasons necessitate that the child not ride in the rear seat. A child may not ride in the front seat of a motor vehicle with an active passenger airbag if the child is riding in a rear-facing child restraint system.

²The fine in Connecticut is $15 if the child is 4-16 years and 40 pounds or more. Connecticut also requires a mandatory child restraint education program for first or second violation.

³In Delaware, children younger than 12 years/65 inches or less must be restrained in a rear seat if a vehicle has a passenger airbag unless the airbag has been either deactivated or designed to accommodate smaller people. Exceptions: no rear seat or rear seat occupied by other children younger than 12 years/65 inches or less.

⁴In Georgia, children weighing more than 40 pounds are permitted to be restrained in the back seat of a vehicle by a lap belt if the vehicle is not equipped with lap and shoulder belts or when the lap and shoulder belts are being used by other children who weigh more than 40 pounds.

⁵In Indiana, children weighing more than 40 pounds are permitted to be restrained by a lap belt if the vehicle is not equipped with lap and shoulder belts or if all lap and shoulder belts other than those in the front seat are being used to restrain other children who are younger than 16.

⁶Nebraska's law is secondary for those children who may be in safety belts and standard for those who must be in a child restraint device.

⁷In Ohio, the law is secondary for children 4 through 14 years.

⁸In Oklahoma, children weighing more than 40 pounds are permitted to be restrained in the back seat of a vehicle by a lap belt if the vehicle is not equipped with lap and shoulder belts or when the lap and shoulder belts are being used by other children who weigh more than 40 pounds.

⁹In Virginia, children at least 4 years but less than 8 years may be belted if any licensed physician determines that use of a child restraint system by a particular child would be impractical by reason of the child's weight, physical fitness, or other medical reason, provided that any person transporting a child so exempted shall carry on his person or in the vehicle a signed written statement of the physician identifying the child so exempted and stating the grounds for the determination.


	Alabama Must be in child restraint: younger than 1 or less than 20 pounds in a rear-facing infant seat; 1 through 4 years or 20-40 pounds in a forward-facing child safety seat; 5 but not yet 6 in a booster seat. Adult safety belt permissible: 6 through 14 years Must be in rear seat: law states no preference for rear seat


	Arizona Must be in child restraint: 4 years and younger; children 5 through 7 who are 57 inches or shorter Adult safety belt permissible: 5 through 7 who are taller than 57 inches Must be in rear seat: law states no preference for rear seat


	Arkansas Must be in child restraint: 5 years and younger and less than 60 pounds Adult safety belt permissible: 6 through 14 years or 60+ pounds Must be in rear seat: law states no preference for rear seat


	California Must be in child restraint: 7 years and younger who are less than 57 inches¹ Adult safety belt permissible: 8 through 15 years or at least 57 inches Must be in rear seat: children 7 years and younger who are less than 57 inches must be in the rear seat¹


	Colorado Must be in child restraint: younger than 1 year and less than 20 pounds in a rear-facing infant seat; 1 through 3 years and 20-40 pounds in a child safety seat; 4 through 7 years in a booster seat Adult safety belt permissible: 8 through 15 years Must be in rear seat: 1 year and younger and less than 20 pounds must be in the rear seat if available


	Delaware Must be in child restraint: 7 years and younger and less than 66 pounds³ Adult safety belt permissible: 8 through 15 years or 66+ pounds³ Must be in rear seat: children 11 years and younger and 65 inches or less must be in rear seat if passenger airbag is active³


	District of Columbia Must be in child restraint: 7 years and younger Adult safety belt permissible: 8 through 15 years Must be in rear seat: law states no preference for rear seat


	Florida Must be in child restraint: 3 years and younger Adult safety belt permissible: 4 through 5 years Must be in rear seat: law states no preference for rear seat


	Georgia Must be in child restraint: 7 years and younger and 57 inches or less⁴ Adult safety belt permissible: more than 57 inches Must be in rear seat: 7 years and younger must be in rear seat if avaliable


	Idaho Must be in child restraint: 6 years and younger Adult safety belt permissible: not permissible Must be in rear seat: law states no preference for rear seat


	Illinois Must be in child restraint: 7 years and younger Adult safety belt permissible: 8 through 15 years; children who weigh more than 40 pounds seated in the rear where only a lap belt is available Must be in rear seat: law states no preference for rear seat


	Indiana Must be in child restraint: 7 years and younger⁵ Adult safety belt permissible: 8 through 15 years Must be in rear seat: law states no preference for rear seat


	Iowa Must be in child restraint: younger than 1 year and less than 20 pounds in a rear-facing child seat; 1 through 5 years Adult safety belt permissible: 6 through 17 years Must be in rear seat: law states no preference for rear seat


	Kentucky Must be in child restraint: 40 inches or less in a child restraint; 6 and younger who are between 40 and 50 inches tall in a booster seat Adult safety belt permissible: 6 and younger who are taller than 50 inches Must be in rear seat: law states no preference for rear seat


	Louisiana Must be in child restraint: younger than 1 year or less than 20 pounds in a child safety seat; 1 through 3 years or 20-39 pounds in a forward-facing child safety seat; 4 through 5 years or 40-60 pounds in a child booster seat Adult safety belt permissible: 6 through 12 years or greater than 60 pounds Must be in rear seat: law states no preference for rear seat


	Maine Must be in child restraint: less than 40 pounds in a child safety seat; 40-80 pounds and less than 8 years in a safety system that elevates the child so that an adult seat belt fits properly Adult safety belt permissible: 8 through 17 years or less than 18 years and more than 4'9" Must be in rear seat: 11 years and younger and less than 100 pounds must be in rear seat if available


	Maryland Must be in child restraint: 7 years and younger and less than 57 inches Adult safety belt permissible: 8 through 15 years; children who are at least 57 inches Must be in rear seat: law states no preference for rear seat


	Massachusetts Must be in child restraint: 7 years and younger and less than 57 inches Adult safety belt permissible: 8 through 12 years; children who are at least 57 inches tall Must be in rear seat: law states no preference for rear seat


	Michigan Must be in child restraint: 7 years and younger and less than 57 inches Adult safety belt permissible: 8 through 15 years; children who are at least 57 inches tall Must be in rear seat: 3 years and younger must be in the rear seat if available


	Minnesota Must be in child restraint: 7 years and younger and less than 57 inches Adult safety belt permissible: not permissible Must be in rear seat: law states no preference for rear seat


	Mississippi Must be in child restraint: 3 years and younger must be in a child restraint; 4 through 6 years and either less than 57 inches or less than 65 pounds must be in a booster seat Adult safety belt permissible: 6 years and younger who either weigh 65 pounds or more or who are 57 inches or taller Must be in rear seat: law states no preference for rear seat


	Montana Must be in child restraint: 5 years and and younger and less than 60 pounds Adult safety belt permissible: not permissible Must be in rear seat: law states no preference for rear seat


	Nebraska Must be in child restraint: 5 years and younger Adult safety belt permissible: 6 through 17 years⁶ Must be in rear seat: law states no preference for rear seat


	Nevada Must be in child restraint: 5 years and younger and 60 pounds or less Adult safety belt permissible: not permissible Must be in rear seat: law states no preference for rear seat


	New Hampshire Must be in child restraint: 5 years and younger who are less than 55 inches Adult safety belt permissible: 6 through 17 years; younger than 6 who are at least 55 inches tall Must be in rear seat: law states no preference for rear seat


	New Jersey Must be in child restraint: 7 years and younger and less than 80 pounds Adult safety belt permissible: not permissible Must be in rear seat: children 7 years and younger and less than 80 pounds must be in the rear seat if available


	New Mexico Must be in child restraint: younger than 1 year in a rear-facing infant seat; 1 through 4 years or less than 40 pounds in a child safety seat; 5 through 6 or less than 60 pounds in a booster seat Adult safety belt permissible: 7 through 17 years Must be in rear seat: children younger than 1 year in a rear-facing infant seat must be in the rear seat if available


	Ohio Must be in child restraint: 3 years and younger or less than 40 pounds in child restraint; 4 through 7 years who weigh 40 pounds or more and who are shorter than 57 inches in booster seat Adult safety belt permissible: 8 through 14 years⁷ Must be in rear seat: law states no preference for rear seat


	Oklahoma Must be in child restraint: 5 years and younger⁸ Adult safety belt permissible: 6 through 12 years Must be in rear seat: law states no preference for rear seat


	Pennsylvania Must be in child restraint: 7 years and younger Adult safety belt permissible: not permissible Must be in rear seat: law states no preference for rear seat