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Child restraint laws
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| State | Who is covered? | Maximum fine 1st offense | |
|---|---|---|---|
| Must be in child restraint | Adult safety belt permissible | ||
| Alabama | younger than 1 or less than 20 lbs.
in a rear-facing infant seat; 1 through 4 yrs. or 20 - 40 lbs in a
forward-facing child safety seat; 5 but not yet 6 in a booster
seat. (eff. 7/1/06) |
6 through 14 yrs. (eff. 7/1/06) |
$251 (eff. 7/1/06) |
| Alaska | 3 yrs. and younger | 4 through 15 yrs. | $501 |
| Arizona | 4 yrs. and younger | not permissible | $50 |
| Arkansas | 5 yrs. and younger and less than 60 lbs. | 6 yrs. through 14 yrs. or 60+ lbs. | $100 |
| California | younger than 1 yr. or less than 20
lbs. or in a rear-facing restraint system in rear seat only if front
passenger air bag is active; 5 yrs. and younger or less than 60 lbs.
in a rear seat2
(rear seat requirements eff. 1/1/05)3 |
6 through 15 yrs. or 60+lbs. | $1001 |
| Colorado | younger than 1 yr. and less than 20 lbs. in a rear-facing infant seat; 1 through 3 yrs. and 20-40 lbs. in a forward-facing child safety seat; 4 through 5 yrs. and less than 55" in a booster seat2,4 | 6 through 15 yrs. and 55" or more5 | $50 |
| Connecticut | younger than 1 yr. or less than 20 lbs. in a rear-facing restraint system (eff. 10/1/05); 1 through 6 yrs. who is less than 60 lbs. in a child restraint system (booster seats may only be used in a seating position with a lap and shoulder belt) (eff. 10/1/05) | 7 through 15 yrs. and 60+ lbs. | $605 |
| Delaware | 6 yrs. and younger and less than 60 lbs.6 | 7 through 15 yrs. or 60+ lbs.6 |
$25 |
| District of Columbia | 7 yrs. and younger | 8 through 15 yrs. | $751 |
| Florida | 3 yrs. and younger | 4 through 5 yrs. | $601 |
| State | Who is covered? | Maximum fine 1st offense | |
|---|---|---|---|
| Must be in child restraint | Adult safety belt permissible | ||
| Georgia | 5 yrs. and younger and 57" or
less2 (eff. 7/1/04) |
more than 57" | $501 |
| (5 yrs. and younger must be in rear seat if available) | |||
| Hawaii | 3 yrs. and younger in a child safety seat; 4 yrs. through 7 yrs. must be in a booster seat or child restraint (eff. 1/1/07) | 4 through 7 yrs. who are taller than 4'9"; 4 through 7 yrs. who are at least 40 lbs seated in a rear seat where if there are no available lap/shoulder belts, may be restrained by a lap belt (eff. 1/1/07) | $1005 |
| Idaho | 6 yrs. and younger (eff. 5/29/05) |
not permissible | $100 |
| Illinois | 7 yrs. and younger2 | 8 through 15 yrs. | $50 |
| Indiana | 7 yrs. and younger when driver holds
an Indiana license2,7 (eff. 7/1/05) |
8 through 15 yrs. | $251 |
| Iowa | younger than 1 yr. and less than 20
lbs. in a rear-facing child seat; 1 through 5 yrs. (eff. 7/1/04) |
6 through 10 yrs. (eff. 7/1/04) |
$25 |
| Kansas | all children 7 and younger who weigh
less than 80 lbs. and all children who are less than 57" tall must
be in an appropriate child restraint (eff. 7/1/06) |
all children 8 through 13; all
children who weigh more than 80 lbs., and all children taller than
57" (eff. 7/1/06) |
$20 |
| Kentucky | 40 in. or less | not permissible | $50 |
| Louisiana | younger than 1 yr. or less than 20
lbs. in a child safety seat; 1 through 3 yrs. or 20-39 lbs. in a
forward-facing child safety seat; 4 through 5 yrs. or 40-60 lbs. in
a child booster seat (eff. 1/1/04) |
6 through 12 yrs. or greater than 60 lbs. | $50 |
| Maine | less than 40 lbs. in a child safety seat; 40-80 lbs. and less than 8 yrs. in a safety system that elevates the child so that an adult seatbelt fits properly | 8 yrs. through 17 yrs. or less than 18 yrs. and more than 4'7" | $50 |
| (11 yrs. and younger and less than 100 lbs. must be in rear seat if available) | |||
| State | Who is covered? | Maximum fine 1st offense | |
|---|---|---|---|
| Must be in child restraint | Adult safety belt permissible | ||
| Maryland | 5 yrs. and younger or 40 lbs. or less8 | 6 yrs. and more than 40 lbs. through 15 yrs. | $25 |
| Massachusetts | 4 yrs. and younger or 40 lbs. and less | 5 through 11 yrs. | $25 |
| Michigan | 3 yrs. and younger | not permissible | $10 |
| Minnesota | 3 yrs. and younger | not permissible | $50 |
| Mississippi | 3 yrs. and younger | not permissible | $25 |
| Missouri | 3 yrs. and younger must be in a child restraint; all children who weigh less than 40 lbs. must be in a CR; 4 through 7 yrs. who weigh at least 40 lbs. but less than 80 lbs. and who are 4'9" or shorter must be in either a CR or booster seat; children 4 yrs. and older who weigh at least 80 lbs. or who are at least 4'9" tall must be in either a booster seat or safety belt (eff. 8/10/06) | all children 8 through 16 yrs.; all children 4 yrs. and older who weigh 80 lbs. or more or who are taller than 4'9" (eff. 8/10/06) | $50; $10 for violations involving children taller than 4'9" or who weigh 80 lbs. or more (eff. 8/10/06) |
| Montana | 5 yrs. and and younger and less than 60 lbs. | not permissible | $100 |
| Nebraska | 5 yrs. and younger | 6 through 17 yrs.4 | $251 |
| Nevada | 5 yrs. and younger and 60 lbs. or less (eff. 6/1/04) | not permissible | $100 |
| New Hampshire9 | 5 yrs. and younger who are less than 55" tall (eff. 1/1/04) | 6 through 17 yrs.; younger than 6
who are at least 55" tall (eff. 1/1/04) |
$25 |
| State | Who is covered? | Maximum fine 1st offense | |
|---|---|---|---|
| Must be in child restraint | Adult safety belt permissible | ||
| New Jersey | 7 yrs. and younger and less than 80 lbs. seated in rear seat if available | not permissible | $25 |
| New Mexico | younger than 1 yr. in a rear-facing infant seat, seated in the rear seat if available; 1 through 4 yrs. or less than 40 lbs. in a child safety seat; 5 through 6 or less than 60 lbs. in a booster seat (eff. 6/17/05) | 7 through 17 yrs. (eff. 6/17/05) |
$25 |
| New York | 3 yrs. and younger in all seats until 3/29/05; 6 yrs. and younger in all seats (eff. 3/29/05) | 4 through 15 yrs. until 3/29/05; 7 through 15 yrs. (eff. 3/29/05) | $1001 |
| North Carolina | 7 yrs. and younger and less than 80 lbs. (eff. 1/1/05)6 | 8 through 15 yrs. + children 40-80 lbs. in seats without shoulder belts (eff. 1/1/05) | $251 |
| North Dakota | 6 yrs. and younger and less than 57" or less than 80 lbs. (eff. 8/1/05) | 7 through 17 yrs.; 6 yrs. and younger and at least 57" tall and at least 80 lbs.; 6 yrs. and younger and at least 40 lbs., if there are no available lap/shoulder belts, may be restrained by a lap belt (eff. 8/1/05) | $251 (eff. 8/1/05) |
| Ohio | 3 yrs. and younger or less than 40 lbs. | not permissible | $1001 |
| Oklahoma | 5 yrs. and younger2 | 6 through 12 yrs. | $25 |
| Oregon | 3 yrs. and younger and 40 lbs. or less in a child safety seat; 4 through 5 yrs. or 40-60 lbs. in a safety system that elevates the child so that an adult seatbelt fits properly | 6 through 15 yrs. and 60+ lbs. | $75 |
| Pennsylvania | 7 yrs. and younger4 | not permissible | $100 |
| Rhode Island | 6 yrs. and younger and less than 54" and less than 80 lbs. | 6 yrs. and younger who either weigh 80 lbs. or more or who are at least 54" tall; 7 through 17 | $75 |
| children 6 yrs. and younger must be in rear seat if available | |||
| State | Who is covered? | Maximum fine 1st offense | |
|---|---|---|---|
| Must be in child restraint | Adult safety belt permissible | ||
| South Carolina | younger than 1 yr. or less than 20 lbs. in a rear-facing infant seat; 1 through 5 yrs. and 20-39 lbs. in a forward-facing child safety seat; 1 through 5 yrs. and 40-80 lbs. in a booster seat secured by lap-shoulder belt — lap belt alone is impermissible | 1 through 5 yrs. and 80+ lbs. OR any child 5 yrs. and younger if the child's knees bend over the seat edge when sitting up straight with his/her back firmly against the seat back | $150 (eff. 5/9/06) |
| children 5 yrs. and younger must be in rear seat if available | |||
| South Dakota | 4 yrs. and younger and less than 40 lbs. | 5 through 17 yrs.; all children 40+ lbs., regardless of age | $20 |
| Tennessee | younger than 1 yr. or 20 lbs. or less in a rear-facing infant seat; 1 through 3 yrs. and 20+ lbs. in a forward-facing infant seat; 4 through 8 yrs. and less than 4'9" in a booster seat | 9 through 15 yrs. or any child 12 or younger who is 4'9" or taller | $50 |
| children 8 yrs. and younger and less than 4'9" must be in rear seat if available; rear seat recommended for children 9 through 12 | |||
| Texas | 4 yrs. and younger and less than 36 in. (eff. 9/1/05) | not permissible | $200 |
| Utah | 4 yrs. and younger | 5 through 15 yrs. | $45 |
| Vermont | younger than 1 yr. or less than 20 lbs. in a rear-facing infant seat; 2 through 7 and more than 20 lbs. (eff. 1/1/04) | 8 through 15 yrs. and more than 20 lbs. (eff. 1/1/04) | $25 |
| Virginia | 5 yrs. and younger | 6 through 15 yrs.10 | $50 |
| Washington | younger than 8 and less than 4'9" (eff. 6/1/07) | 8 through 15; younger than 8 and 4'9" or taller (eff. 6/1/07) | $86 |
| 12 yrs. and younger must be in rear
seat if practical (eff. 6/1/07) | |||
| West Virginia | 7 yrs. and younger and less than 4'9" (eff. 7/6/05) | 7 yrs. and younger and 4'9" or taller (eff. 7/6/05) | $20 |
| Wisconsin | children younger than 1 and all children who
weigh less than 20 lbs. are required to be in a rear-facing infant
seat; children 1 through 3 yrs. who weigh at least 20 lbs. but less
than 40 lbs. are required to be in a forward-facing child safety
seat; children 4 through 7 who both weigh at least 40 lbs. but less
than 80 lbs. and who are less than 57" tall are required to be in a
booster seat (eff. 6/1/06) |
8 yrs. and younger and more than 80
lbs. and 57" or taller (eff. 6/1/06) |
$75 |
| children 3 and younger must be in a rear seat, if
available (eff. 6/1/06) | |||
| Wyoming | 8 yrs. and younger, must be in rear seat if available | not permissible | $50 |
1These states assess points for violations. For further details, please call the Institute.
2In California, children weighing more than 40 lbs. may be belted without a booster seat if they are seated in the rear seat of a vehicle not equipped with lap/shoulder belts. In Colorado, if a child 4-5 yrs. and less than 55" is being transported in a vehicle equipped with a lap belt only, then the child must be restrained with the lap belt. In Indiana, children weighing more than 40lbs 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. In Georgia and Oklahoma, children weighing more than 40 lbs. 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 lbs.
3The California and Illinois 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 yrs.; or medical reasons necessitate that the child not ride in the rear seat.
4In Colorado, the law is secondary for children ages 4-5 yrs. who must be in booster seats. 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. In Pennsylvania, the law is secondary for children ages 4 through 7 years who must be in booster seats.
5The fine in Connecticut is $15 if the child is 4-16 yrs. and 40 lbs. or more. Connecticut also requires a mandatory child restraint education program for first or second violation. Hawaii drivers are charged $50 for a mandatory child restraint education program and a $10 surcharge deposited into a neurotrauma special fund.
6In Delaware, children who become 4 yrs. old before 1/1/03 will not be required to be in a CRS. Those children may comply with the current law, which allows children 4 through 15 yrs. to be in a seatbelt. Children younger than 12 yrs./65 inches or less must be restrained in rear seat if 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 yrs./65 inches or less. In North Carolina, children younger than 5 who weigh less than 40 lbs. must be restrained in a child safety seat in the rear seat if the vehicle has a passenger airbag, unless the child restraint system is designed for use with airbags.
7In Indiana, children younger than 8 yrs. must be restrained in adult belts if it's reasonably determined they cannot fit in child restraints. If the driver does not hold an Indiana driver's license, then children under 16 must be restrained by either a child restraint or a safety belt.
8In Maryland, vehicles registered out of state are required to restrain children under the age of 4 yrs. or 40 lbs. or less in a CRS (eff. 10/1/03).
9A clarifying amendment was added in New Hampshire, eff. January 1, 2007. It did not change the substance of the law.
10Children at least 4 yrs. but less than 6 yrs. may be belted if the weight/size of the child make the use of a child restraint device impractical.
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