Gavin Howe
The history of car seats and their legal requirements is a long and fascinating one. In the early days of automobiles, occupant safety was not a primary concern. It was not until the 1930s that the first car seats for children appeared, and these were designed simply to boost a child's height so they could see out of the window, rather than for safety. It was not until the 1960s that the first car seats designed with safety in mind were introduced, and it was British journalist and inventor Jean Ames who is credited with being the first to suggest safety seats for children. In 1971, the US saw its first car seat standards and requirements, but it wasn't until 1979 that Tennessee passed the first child restraint law, and it took another six years for all US states to follow suit. Even then, in 1987, only 80% of children used a car seat. Today, car seats must meet strict federal crash test regulations and are subject to expiration dates and safety recalls. Despite this, some crashes are unsurvivable, and in recent years, more than 57% of deaths for children aged 0-15 were because the child was unrestrained.
| Characteristics | Values |
|---|---|
| Child's age | Up to 1 year old |
| Child's weight | 20 pounds |
| Type of car seat | Rear-facing |
| Child's age | 1 year or older |
| Child's weight | 20 pounds or more |
| Type of car seat | Rear-facing |
| Child's age | 1 year to under 5 years |
| Child's weight | 40 pounds or more |
| Type of car seat | Forward-facing or appropriate car seat or booster seat |
| Child's age | 5 years to under 8 years |
| Child's height | Less than 4' 9" (57") |
| Child's weight | Less than 65 pounds |
| Type of car seat | Appropriate car seat or booster seat |
| Driver's responsibility | Ensure all children under 16 are properly secured in a car seat, booster seat, or seat belt |
What You'll Learn
When do children need to be in a rear-facing car seat?
The American Academy of Pediatrics (AAP) recommends that children stay in a rear-facing car seat for as long as possible, even after turning two. This is because rear-facing car seats offer more protection for a baby or child's head, neck and spine in the event of a crash.
In the US, car seat laws vary by state. In California, for example, children under the age of two must be restrained in a rear-facing car seat in the back seat of a vehicle, unless they are over 40 pounds or 40 inches. In Texas, children must be in a rear-facing car seat until they are two years old, or until they reach the highest weight or height allowed by their safety seat's manufacturer. In Oregon, children must be in a rear-facing car seat until they are two years old, regardless of weight, or if a child is older than two but weighs 20 pounds or less.
In the UK, children can be in a rear-facing car seat until they are 15 months old, or they reach the maximum height or weight limit for their seat.
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What are the laws for forward-facing car seats?
The laws for forward-facing car seats vary across different states and territories. Here is a summary of the laws for forward-facing car seats in the United States:
Alabama
Children over one year old but under five years old, who weigh 20 lbs or more, must be properly secured in a federally approved forward-facing child restraint device.
Alaska
Children over one year old but less than five years old, who weigh 20 lbs or more, must be properly secured in a federally approved child restraint device.
Arizona
All children who are under eight years of age and under four feet nine inches tall must be restrained in a correctly installed child restraint system.
Arkansas
Children under 6 years of age and under 60 pounds are required to ride in an appropriate child safety restraint.
California
Children under the age of two must be restrained in a rear-facing child restraint system. Children under the age of eight must be secured in the back seat of the vehicle in an appropriate child restraint system.
Colorado
If the child is one year of age or older, but less than four years old, and weighs less than forty pounds, but at least twenty pounds, the child may be properly restrained in a forward-facing child restraint system.
Connecticut
Children between the ages of two and five, weighing at least 30 pounds to 40 pounds, must use a forward-facing child restraint with a 5-point harness or booster seat.
Delaware
Children under four years and under 40 pounds must be seated in either a rear-facing or forward-facing seat with a 5-point harness.
Florida
Children aged four through five must be secured by either a crash-tested federally approved child restraint device, integrated child seat, or booster seat.
Georgia
If a child reaches 4'9" before the age of eight, they can legally ride in an adult seat belt.
Hawaii
Children aged two or older but less than four years old must be properly restrained in a forward-facing car seat with a harness.
Idaho
Children aged six and younger must be properly secured in a child safety restraint that meets federal motor safety standard number 213.
Illinois
Children must remain in a rear-facing seat until they are two years old unless they are at least 40 pounds or 40 inches tall.
Indiana
Children over 40 pounds can use a lap belt if a lap-shoulder belt is unavailable.
Iowa
A child from age six but under 18 must be secured in a child restraint system or by a safety belt or safety harness.
Kansas
Children older than four but younger than eight and who weigh less than 80 pounds or are less than 4'9" in height shall be restrained in an appropriate child restraint system.
Kentucky
Children under the age of eight who are between 40 and 57 inches tall shall be properly secured in a child booster seat.
Louisiana
Children at least two or older who have reached the rear-facing weight or height limits of the child restraint system must be restrained in a forward-facing restraint system with an internal harness until the child reaches the weight or height limit of the child restraint system.
Maine
Children older than two but less than 55 pounds must be secured in a child restraint system with an internal harness.
Maryland
Children less than two years of age shall be secured in a rear-facing child safety seat that complies with applicable federal regulations until the child reaches the weight or height limit specified by the manufacturer.
Massachusetts
N/A
Michigan
Children between the ages of four and eight years old and less than four feet, nine inches tall must be properly secured in a child restraint system.
Minnesota
Children at least two years old and exceeding the rear-facing weight or height limit of the child restraint system must be properly restrained in a forward-facing child restraint system with an internal harness.
Mississippi
N/A
Missouri
Children at least four years of age but less than eight years of age, who also weigh at least 40 pounds but less than 80 pounds, and who are also less than four feet nine inches tall, shall be secured in a child restraint system or booster seat.
Montana
N/A
Nebraska
Children put to two years of age shall use a rear-facing child passenger restraint system until the child outgrows the system per manufacturer’s maximum allowable height or weight.
Nevada
Children younger than two years old must be restrained in a rear-facing child restraint system in the back seat of the vehicle, unless the front seat passenger’s airbag is deactivated.
New Hampshire
Children up to two years of age shall use a rear-facing child passenger restraint system.
New Jersey
Children under the age of four and weighing less than 40 pounds must be secured in a rear-facing child restraint system equipped with a 5-point harness or a forward-facing child restraint equipped with a 5-point harness.
New Mexico
Children 5 through 6 or who weigh less than 60 pounds shall be secured in either a child booster seat or an appropriate federally approved child restraint device.
New York
Children under four but more than 40 pounds must be restrained in an appropriate child restraint system installed with a lap-shoulder belt or a lap-only belt.
North Carolina
A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child restraint system.
North Dakota
N/A
Ohio
Children ages four to eight years of age and less than four feet nine inches in height are required to be in a booster seat.
Oklahoma
Children must be secured in a rear-facing child restraint system until the age of two or until the child reaches the weight or height limit of the child restraint.
Oregon
Children who weigh more than 40 pounds and are 4'9" or shorter must be properly secured with a child safety system that elevates the person so that a safety belt or safety harness fits properly.
Pennsylvania
Children under four years of age shall be securely fastened in a child passenger restraint system.
Rhode Island
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When can children use a booster seat?
The appropriate time for a child to transition to a booster seat depends on their rate of growth and the requirements of your state or country. Booster seats are for children who have outgrown their convertible or toddler seats.
In the US, most state laws and booster seat manufacturers require children to be at least 4 or 5 years old before using a booster seat. However, age isn't the most important factor. The child's weight and height are equally important. At a minimum, your child should weigh at least 40 pounds before using a belt-positioning booster car seat. The height requirement is at least 35 inches tall, and the child should be able to sit in the booster seat with their back against the vehicle seat and their knees bent comfortably at the edge of the seat cushion.
In the UK, children must use a child car seat until they're 12 years old or 135 centimetres tall, whichever comes first. Only EU-approved height-based and weight-based child car seats can be used in the UK. Height-based seats, known as 'i-Size' seats, must be rear-facing until the child is over 15 months old.
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What are the laws for seat belts?
Seat belt laws vary across the United States, with different requirements depending on the age of the passenger and the state in which they are travelling.
Primary and Secondary Laws
Seat belt laws are divided into two categories: primary and secondary. In the 35 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico and the Virgin Islands that have primary seat belt laws, law enforcement officers can ticket a driver or passenger for not wearing a seat belt, without any other traffic offence taking place. In the 14 states that have secondary laws, law enforcement officers may only issue a ticket for not wearing a seat belt when there is another citable traffic infraction.
Front Seat Laws
35 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico and the Virgin Islands have primary seat belt laws for front seat occupants. 14 states have secondary laws for adult front seat occupants.
Rear Seat Laws
41 states, D.C., and 2 territories have laws enforcing rear seat belt use. Of these, 18 states, D.C. and 2 territories have primary enforcement for all occupants, 5 states have primary enforcement for youth, and 11 states include rear seats as secondary enforcement.
Specific State Laws
- In Texas, children must be secured in the appropriate car or booster seat. Children under two years old should ride in a rear-facing car seat until they are 2 years old, or until they reach the highest weight or height allowed by their safety seat's manufacturer. Children over two years old who have outgrown the rear-facing weight or height limit for a car seat, should use a forward-facing car seat with a harness for as long as possible, up to the highest weight or height allowed by their car seat's manufacturer. Children whose weight or height exceeds the limit for a forward-facing car seat should switch to a belt-positioning booster seat. These children should remain in a booster seat until the vehicle seat belt fits properly, typically when they reach 4 feet 9 inches in height and are between eight and 12 years of age.
- In Alabama, all occupants 15 years of age and older are required to wear seat belts.
- In Alaska, all occupants are required to wear seat belts. Children under the age of 16 must be transported in a federally approved rear-facing car seat if they are less than one year old or less than 20 lbs. If they are older than one year but less than 5 years old, and weigh 20 lbs or more, they must be properly secured in a federally approved child restraint device. If they are older than 4 but less than 8 years old, weigh more than 20 lbs but less than 65 lbs, and are less than 57 inches tall, they must ride in a properly secured booster seat or another federally approved child passenger restraint system. If the child is older than 4 but not yet 8 years old but exceeds the height and weight requirements, the driver may decide whether it’s appropriate to let the child ride in the seat belt or continue using another federally approved child safety device.
- In Arizona, all children who are under eight years of age and who are not more than four feet nine inches tall are to be restrained in a correctly installed child restraint system.
- In Arkansas, children under 15 years of age must be properly placed, maintained, and secured in a federally approved child passenger restraint system properly secured to the vehicle. Children less than 6 years of age and less than 60 pounds are required to ride in an appropriate child safety restraint. Children who are at least 60 pounds and at least 6 years of age (up to 15) can be sufficiently restrained in a vehicle safety belt.
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What are the penalties for non-compliance?
The penalties for non-compliance with car seat laws vary depending on the jurisdiction. In the United States, for example, penalties for failing to put a child in a car seat typically involve fines, and in some cases, points may be added to a driver's license. The specific consequences depend on the state in which the violation occurred.
For instance, in California, the fine for a first offense can exceed $500, and a point may be added to the driver's record. In Connecticut, the fine for a first offense is an infraction, while the second offense incurs a fine of $199. In Delaware, the first violation requires a visit to the Office of Highway Safety car seat fitting station, and subsequent violations result in a $25 fine.
It is important to note that car seat laws can change over time, so it is always recommended to refer to the most current laws in your specific state or jurisdiction to understand the potential penalties for non-compliance. These laws are designed to ensure the safety of children while they are traveling in motor vehicles, and it is the responsibility of caregivers to adhere to these regulations.
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Frequently asked questions
There are several types of car seats, which vary in the position of the child and size of the seat. The United Nations categorizes these into 4 groups: 0–3. Many car seats combine the larger groups 1, 2 and 3.
Child restraint requirements differ for the various states in the United States. In Florida and South Dakota, children who are four years or older can use an adult seat belt without a child safety seat. In the rest of the country, a booster seat or otherwise appropriate child restraint is required until the child is between five and nine years old, depending on the state.
From September 18, 2006, all children under the age of 12 have to use some form of child car seat, unless they are taller than 135 centimetres (4 feet 5 inches).
Child restraint requirements vary from province to province. The strictest province law requires children who are younger than 10 years and smaller than 4 ft 9 in to use a booster seat.
Children under seven must be restrained in a suitable, approved child restraint or booster seat. Children under six months must be restrained in a rear-facing position.
