Veritas Risk Management & Insurance Services Blog

Seat Belt and Child Seat Laws by State

Written by Andrew Darlington | October 16, 2024 at 9:32 PM

State

SEAT BELT LAW

CHILD SEAT LAW

Initial effective date

Primary enforcement?

Who is covered?         What seats?

1st Offense

Must be in child safety seat

Adult belt permissible

1st Offense

Preference for rear seat

AL

07/18/91

yes; effective 12/09/99 (secondary for rear seat occupants; effective 9/1/19)

15+ years in all seats

$25

younger than 1 or less than 20 pounds in a rear-facing child restraint; 1 through 4 years or 20 - 40 pounds in a forward-facing child restraint; 5 but not yet 6 in a booster seat

 

$251

law states no preference for rear seat

AL

07/18/91

yes; effective 12/09/99 (secondary for rear seat occupants; effective 9/1/19)

15+ years in all seats

$25

younger than 1 or less than 20 pounds in a rear-facing child restraint; 1 through 4 years or 20 - 40 pounds in a forward-facing child restraint; 5 but not yet 6 in a booster seat

 

$251

law states no preference for rear seat

AK

09/12/90

yes; effective 05/01/06

16+ years in all seats

$15

younger than 1 or less than 20 pounds in a rear-facing child restraint; 1 through 3 years and more than 20 pounds in a child restraint, 4 through 15 years who are either shorter than 57 inches or who weigh more than 20 but less than 65 pounds in a booster

4 through 7 years who are at least 57 inches or 65+ pounds; 7 through 15 who are shorter than 57 inches or weigh less than 65 pounds

$501

law states no preference for rear seat

AZ

01/01/91

no

8+ years in front seat; 8 through 15 in all seats

$10

4 years and younger; children 5 through 7 who are 57 inches or shorter

5 through 7 who are taller than 57 inches

$50

law states no preference for rear seat

AR

07/15/91

yes, effective 06/30/09

15+ years in front seat

$45

5 years and younger and less than 60 pounds

6 through 14 years or 60+ pounds

$100

law states no preference for rear seat

CA

01/01/86

yes; effective 01/01/93

16+ years in all seats

$20

younger than 2 years and less than 40 pounds and less than 40 inches in a rear-facing infant seat; 7 years and younger who are less than 57 inches must be in an appropriate child passenger restraint system2

8 through 15 years or at least 57 inches

$100

children 7 years and younger who are less than 57 inches must be in the rear seat2

CO

07/01/87

no

16+ years in front seat

$71

younger than 1 year and less than 20 pounds in a rear-facing child restraint; 1 through 3 years and 20-40 pounds in a child restraint; 4 through 7 years in a booster seat

8 through 15 years

$81

1 year and younger and less than 20 pounds must be in the rear seat if available

CT

01/01/86

yes; effective 01/01/86 (secondary for rear seat occupants > 16, effective 10/1/2021)

8+ years in all seats

$50

younger than 2 years or less than 30 pounds in a rear-facing child restraint; 2-4 years or between 30-40 pounds in a forward or rear-facing child restraint; 5-7 years or between 40-60 pounds in a forward or rear-facing child restraint or a booster seat secured with a lap and shoulder belt

8 through 15 years and 60+ pounds

$50

law states no preference for rear seat

DE

01/01/92

yes; effective 06/30/03

16+ years in all seats

$25

7 years and younger and less than 66 pounds4

8 through 15 years or 66+ pounds4

$25

children 11 years and younger and 65 inches or less must be in rear seat if passenger airbag is active4

DC

12/12/85

yes; effective 10/01/97

16+ years in all seats

$505

younger than 2 years must be in a rear-facing child restraint unless the child weighs 40 or more pounds or is 40 or more inches tall; 3 years and younger in a child restraint; 4 years through 7 years must be in a child restraint or booster seat

8 through 15 years

$75

law states no preference for rear seat

FL

07/01/86

yes; effective 6/30/09

6+ years in front seat; 6 through 17 years in all seats

$30

5 years and younger

not permissible6

$601

law states no preference for rear seat

GA

09/01/88

yes; effective 07/01/96

8 through 17 years in all seats; 18+ years in front seat

$157

7 years and younger and 57 inches or less8

more than 57 inches

$501

7 years and younger must be in rear seat if available

HI

12/16/85

yes; effective 12/16/85

8+ years in all seats

$45

younger than 2 years in a rear-facing child restraint; 2 through 3 years in a forward or rear-facing child restraint; 4 through 6 years in a passenger restraint system with harness or booster seat; 7 through 9, who are shorter than four feet and nine inches in height, in a passenger restraint system with harness or booster seat

7 through 9 years who are taller than 4 feet and 9 inches

$1009

law states no preference for rear seat

ID

07/01/86

no

7+ years in all seats

$10

6 years and younger

not permissible

$79

law states no preference for rear seat

IL

01/01/88

yes; effective 07/03/03

16+ years in all seats

$25

younger than 2 years must be in a rear-facing child restraint unless the child weighs 40 or more pounds or is 40 or more inches tall; 7 years and younger

8 through 15 years; children who weigh more than 40 pounds seated in the rear where only a lap belt is available

$75

law states no preference for rear seat

IN

07/01/87

yes; effective 07/01/98

16+ years in all seats

$25

7 years and younger10

8 through 15 years

$251

law states no preference for rear seat

IA

07/01/86

yes; effective 07/01/86

18+ years in front seat

$25

younger than 1 year and less than 20 pounds in a rear-facing child restraint; 1 through 5 years in a child restraint or a booster seat

6 through 17 years

$25

law states no preference for rear seat

KS

07/01/86

yes; effective 6/10/10 (secondary for rear seat occupants >18)

14+ years in all seats

$60/no court costs: 14 -17 years; $30/no court costs: 18+ years

all children 3 and younger must be in a child restraint; children 4 through 7 who weigh less than 80 pounds and children 4 through 7 who are less than 57 inches tall must be in a child restraint or booster seat

all children 8 through 13 years; children 4 through 7 years who weigh more than 80 pounds, and children 4 through 7 years who are taller than 57 inches

$60

law states no preference for rear seat

KY

07/15/94

yes; effective 07/20/06

7 and younger and more than 57 inches in all seats; 8+ in all seats

$25

40 inches or less in a child restraint; 7 and younger who are between 40 and 57 inches tall in a booster seat

taller than 57 inches

$50 child restraint; $30 booster seat

law states no preference for rear seat

LA

07/01/86

yes; effective 09/01/95

13+ years in all seats

$50

younger than 2 years and until reaching the weight or height limit as set by the manufacturer must be in a rear-facing system; at least 2 through 3 years and until reaching the weight or height limit as set by the manufacturer must be in a forward-facing restraint; at least 4 years through 8 years or until reaching the weight or height limit as set by the manufacturer must be in a booster11

9 through 17 years; children who have outgrown the height or weight limits of the child booster seat as set by the manufacturer

$100

12 and younger must be in the rear seat if available

ME

12/26/95

yes; effective 09/20/07

18+ years in all seats

$50

younger than 2 years, or until exceeding manufacturer’s recommended weight or height limit, in a rear-facing restraint system; 2 years and older and less than 55 pounds in a child restraint system with an internal harness in accordance with the manufacturer's instructions; children less than 80 pounds who are shorter than 57 inches and less than 8 years in a booster

17 and younger who are taller than 57 inches or heavier than 80 pounds

$50

11 years and younger and less than 100 pounds must be in rear seat if available

MD

07/01/86

yes; effective 10/01/97 (secondary for rear seat occupants; effective 10/01/13)

16+ years in all seats

$50

younger than 2 years in a rear-facing child safety seat until the child reaches the weight or height limit specified by the manufacturer; 7 years and younger and less than 57 inches

8 through 15 years; children who are at least 57 inches

$50

law states no preference for rear seat

MA

02/01/94

no

13+ years in all seats

$2512

7 years and younger and less than 57 inches

8 through 12 years; children who are at least 57 inches tall

$25

law states no preference for rear seat

MI

07/01/85

yes; effective 04/01/00

16+ years in front seat

$25

7 years and younger and less than 57 inches

8 through 15 years; children who are at least 57 inches tall

$10

3 years and younger must be in the rear seat if available

MN

08/01/86

yes; effective 06/09/09

7 and younger and more than 57 inches in all seats; 8+ in all seats

$25

7 years and younger and less than 57 inches

not permissible

$50

law states no preference for rear seat

MS

07/01/94

yes; effective 05/27/06

7+ years in all seats

$25

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

6 years and younger who either weigh 65 pounds or more or who are 57 inches or taller

$25

law states no preference for rear seat

MO

09/28/85

no (yes for children <16)

16+ years in front seat

$10

all children who are 3 years and younger and all children who weigh less than 40 pounds must be in a child restraint; 4 through 7 years who weigh at least 40 pounds but less than 80 pounds and who are 4'9" or shorter must be in either a child restraint or booster seat; children 4 years and older who weigh at least 80 pounds or who are at least 4 feet and 9 inches tall must be in either a booster seat or safety belt

all children 8 through 16 years; all children 4 years and older who weigh 80 pounds or more or who are taller than 4'9"

$50; $10 for violations involving children taller than 4'9" or who weigh 80 pounds or more

law states no preference for rear seat

MT

10/01/87

no

6+ years in all seats

$20

5 years and younger and less than 60 pounds

not permissible

$100

law states no preference for rear seat

NE

01/01/93

no

18+ years in front seat

$25

younger than 2 years in a rear-facing child restraint or until the child outgrows the maximum allowable height or weight as prescribed by the manufacturer; 7 years and younger in a child safety seat

8 through 17 years13

$251

children 7 and younger must be in rear seat if available

NV

07/01/87

no

6+ years in all seats

$25

younger than 2 years in a rear-facing child restraint; 5 years and younger and less than 57 inches in a child restraint system

not permissible

$50014

children 2 years and younger must be in a rear seat if available; front seat permissible only with written physician certification and a deactivated passenger airbag

NH

n/a

no law

no law

no law

6 years and younger who are less than 57 inches

7 through 17 years; younger than 7 who are at least 57 inches tall

$50

law states no preference for rear seat

NJ

03/01/85

yes; effective 05/01/00 (secondary for rear seat occupants; effective 1/20/11)

7 years and younger and more than 57 inches; 8+ in all seats

$20

younger than 2 years and less than 30 pounds in a rear-facing infant seat; younger than 4 years and less than 40 pounds in a rear-facing child safety seat until a child outgrows the manufacturer’s top height or weight recommendations or in a forward-facing child safety seat; younger than 8 years and less than 57 inches in a forward-facing child safety seat until a child outgrows the manufacturer’s top height or weight recommendations or booster seat

not permissible

$75

children 7 years and younger and less than 57 inches must be in the rear seat if available, no child shall be secured in a rear facing infant seat in a front seat of any motor vehicle which is equipped with a passenger-side airbag that is not disabled

NM

01/01/86

yes; effective 01/01/86

18+ years in all seats

$255

younger than 1 year in a rear-facing child restraint; 1 through 4 years or less than 40 pounds in a child restraint; 5 through 6 or less than 60 pounds in a booster seat

7 through 17 years

$25

children younger than one year in a rear-facing child restraint must be in the rear seat if available

NY

12/01/84

yes; effective 12/01/84

16+ years in all seats

$5015

younger than 2 years or until a child outgrows the manufacturer's top height or weight recommendations in a rear-facing child restraint; younger than 4 years unless they weigh more than 40 pounds and are seated where there is no available lap/shoulder belt; 4 through 7 years unless they are seated where there is no available lap/shoulder belt

8 through 15 years; children who weigh more than 40 pounds or children 4 through 7 years in a seating position where there is no available lap/shoulder belt

$1001

law states no preference for rear seat

NC

10/01/85

yes; effective 12/01/06 (secondary for rear seat occupants)

16+ years in all seats

$25

7 years and younger and less than 80 pounds

8 through 15 years + children 40-80 pounds in seats without shoulder belts

$251

children 4 years and younger who weigh less than 40 pounds must be in the rear seat unless the front passenger airbag is deactivated or the restraint is designed for use with airbags

ND

07/14/94

no

18+ years in front seat

$20

7 years and younger and less than 57 inches

8 through 17 years; 7 years and younger and at least 57 inches

$251

law states no preference for rear seat

OH

05/06/86

no

8 through 14 in all seats; 15+ years in front seat

$30 driver/$20 passenger

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 a child restraint or booster seat

8 through 14 years16

$7516

law states no preference for rear seat

OK

02/01/87

yes; effective 11/01/97

9+ years in front seat

$20

younger than 2 years or until a child outgrows the manufacturer's top height or weight recommendations in a rear-facing child restraint; younger than 4 years in a child restraint; 4 through 7 years, if not taller than 4 feet 9 inches, in a child restraint or booster seat

8 years; children who are taller than 4 feet 9 inches17

$50

law states no preference for rear seat

OR

12/07/90

yes; effective 12/07/90

16+ years in all seats

$115

younger than 2 years must be in a rear facing child restraint; 7 or younger: 40 pounds or less must be in a child restraint; more than 40 pounds but 4 feet and 9 inches or less must be in a booster seat

taller than 4 feet and 9 inches; 8 through 15

$115

law states no preference for rear seat

PA

11/23/87

no (yes for children <18 years)

18+ years in front seat

$10

younger than 2 years in a rear facing child restraint until a child outgrows the manufacturer’s top height or weight recommendations; 2 through 3 years in a forward-facing child safety seat; 4 through 7 years in a booster seat

8 through 17 years in all seats

$75

law states no preference for rear seat

RI

06/18/91

yes; effective 6/30/11

18+ years in all seats

$40

younger than 2 years or less than 30 pounds must be in a rear-facing child restraint; 7 years and younger and less than 57 inches and less than 80 pounds

7 years and younger who either weigh 80 pounds or more or who are at least 57 inches tall; 8 through 17

$85

children 7 and younger must be in rear seat if available

SC

07/01/89

yes; effective 12/09/0518

8+ years in all seats

$25

younger than 2 years in rear-facing child restraint until exceeding manufacturer height/weight limit; children younger than 2 who outgrow rear-facing system and children 2 and older must be in forward-facing restraint with harness until exceeding manufacturer height/weight limit; children 4 and older who outgrow forward-facing child restraint must be in belt positioning booster using lap/shoulder belts until child is at least 8 years or at least 57 inches

8 years or at least 57 inches tall if (1) lap belt fits across hips and thighs, not abdomen (2) shoulder belt crosses center of chest and not neck (3) knees bend over seat edge when sitting up straight with his/her back firmly against seat back

$150

7 years and younger must be in the rear seat if available

SD

01/01/95

no

18+ years in front seat

$20

4 years and younger and less than 40 pounds

5 through 17 years; all children 40+ pounds, regardless of age

$25

law states no preference for rear seat

TN

04/21/86

yes; effective 07/01/04

16+ years in front seat

$30

younger than 1 year or 20 pounds or less in a rear-facing child restraint; 1 through 3 years and 20+ pounds in a forward-facing child restraint; 4 through 8 years and less than 4'9" in a booster seat

9 through 15 years or any child 12 or younger who is 4'9" or taller

$50

children 8 years and younger and less than 4'9" must be in rear seat if available; rear seat recommended for children 9 through 12

TX

09/01/85

yes; effective 09/01/85

7 years and younger who are 57 inches or taller; 8+ years in all seats

$200

7 years and younger and less than 57 inches

not permissible

$25 minimum; maximum unlisted

law states no preference for rear seat

UT

04/28/86

yes;19 effective 05/12/15

16+ years in all seats

$4519

7 years and younger and shorter than 57 inches

8 through 15 years; all children 57 inches or taller

$4520

law states no preference for rear seat

VT

01/01/94

no

18+ years in all seats

$25

younger than 1 year or less than 20 pounds in a rear-facing child restraint; 1 through 7 and more than 20 pounds in a child restraint or booster seat

8 through 17 years and more than 20 pounds

$25

children 1 year and younger or less than 20 pounds must be in the rear seat unless the front passenger airbag is deactivated

VA

01/01/88

no

18+ years in front seat

$25

younger than 2 years in a rear-facing child restraint or until the child reaches the minimum weight limit for a forward facing child safety seat as prescribed by the manufacturer; 7 years and younger in a child safety seat

8 through 17 years21

$50

children in rear-facing devices must be in a rear seat if available; if not available, they may be placed in front only if front passenger airbag is deactivated

WA

06/11/86

yes; effective 07/01/02

16+ years in all seats

$124

younger than 2 years must be in a rear-facing system until the child reaches the weight or height limit as set by the manufacturer; younger than 4 who are not required to be rear-facing must be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the set weight or height limits; older than 4 and shorter than four feet nine inches must be in a booster seat

all children who are taller than 4’9” and younger than 16; 4 and older if in a seating position where there is only a lap belt available

$124

12 years and younger must be in rear seat if practical

WV

09/01/93

yes; effective 07/1/2013

8+ years in front seat; 8 through 17 years in all seats

$25

7 years and younger and less than 4'9"

7 years and younger and 4'9" or taller

$20

law states no preference for rear seat

WI

12/01/87

yes; effective 06/30/09

8+ years in all seats

$10

children younger than 1 and all children who weigh less than 20 pounds are required to be in a rear-facing child restraint; children 1 through 3 years who weigh at least 20 pounds but less than 40 pounds are required to be in a rear-facing or a forward-facing child restraint; children 4 through 7 who both weigh at least 40 pounds but less than 80 pounds and who are less than 57 inches tall are required to be in a forward-facing child restraint or booster seat

8 years and younger and more than 80 pounds and 57 inches or taller

$75

children 3 and younger must be in a rear seat, if available

 

  1. This state assesses points for violations.
  2. In 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 with only lap 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 8; 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.
  3. Connecticut also requires a mandatory child restraint education program for first or second violation.
  4. In Delaware, children younger than 12 and 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 and 65 inches or less.
  5. This state assesses points for violations.
  6. In Florida, the child restraint device requirement does not apply to children age 4 through 5, when a safety belt is used and the child is either being transported by an operator who is not a member of the child's immediate family, in an emergency or has a documented medical condition that necessitates an exception.
  7. In Georgia, the maximum fine is $25 if the child is 6-18 years old.
  8. In 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.
  9. Hawaii drivers are charged $50 for a mandatory child restraint education program and a $10 surcharge deposited into a neurotrauma fund.
  10. In 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 younger than 16.
  11. In Louisiana, children who because of age or weight can be placed in more than one category shall be placed in the more protective category.
  12. Drivers in Massachusetts may be fined $25 for violating the belt law themselves and $25 for each unrestrained passenger age 12, 13, 14 or 15 years old.
  13. Nebraska'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.
  14. In Nevada, the minimum fine is $100. An alternative to the fine is at least 10 but not more than 50 hours of community service.
  15. New York only assesses points when the violation involves a child under 16.
  16. In Ohio, the law is secondary for children 4 — 14.
  17. Oklahoma's applicable statutory provision, 47 Okl. Stat. Section 11-1112, specifies "8 years of age," and not "8 years of age or older." A literal interpretation of the code would allow a child 9+ years or older who is not taller than 4 feet 9 inches to ride unrestrained in the back seat.
  18. Police are prohibited in South Carolina from enforcing safety belt laws at checkpoints designed for that purpose. However, safety belt violations may be issued at license and registration checkpoints to drivers cited for other offenses.
  19. Until 7/1/2018, citations will be issued only if the person has been previously issued a warning that the operation of or being a passenger in a vehicle without wearing a properly adjusted and fastened safety belt is prohibited.
  20. In Utah, the court shall waive the fine for a first violation of the child safety seat law if the violator submits proof of acquisition of a device, effective May 28, 2018.
  21. In Virginia, children 4 — 7 years may use an adult belt only if any licensed physician determines that use of a child safety seat would be impractical because of the child's weight, height, physical fitness, or other medical reason. The person transporting the must carry the doctor's signed statement.
  22. Wyoming rewards observed belt use by reducing the fines for other traffic violations by $10.

 

 

Source: Insurance Institute for Highway Safety