NC Child Passenger Safety Law - G.S. 20-137.1
Common Questions

updated 01-27-09  printable pdf
(NOTE: The pdf does not include as much detail and information as this on-line page does)

What are the basic requirements of this law?
» All children less than 16 years old must be buckled up in either the front or back seat.

» A child who is younger than age 8 and who weighs less than 80 pounds must be properly secured in a child passenger restraint device (CRD) that meets Federal standards and is appropriate for the child's weight and height. Belt-positioning booster seats can be used for larger children between 40 and 80 pounds in lap and shoulder belt seating positions. Belt-positioning booster seats must NEVER be used with just a lap belt. Refer to "What are Options for Children over 40 pounds?" in the "Choosing and Using" section for additional information on booster seats.

» When a child reaches age 8 (regardless of weight) or 80 pounds (regardless of age), a properly fitted safety belt may be used instead of a booster. In other words, a child may be buckled in just the safety belt on his/her 8th birthday OR when he/she reaches 80 pounds - whichever comes first. Placing the shoulder belt under a child's arm or behind the back is dangerous and illegal in North Carolina.

» If no seating position equipped with a lap and shoulder belt to properly secure a belt-positioning booster seat is available, a child who weighs at least 40 pounds may be restrained by a properly fitted lap belt only. WARNING: Belt-positioning booster seats must NEVER be used with just a lap belt. Belt-positioning booster seats can only be used with lap and shoulder safety belts.

» These requirements apply to all vehicles required by Federal Motor Vehicle Safety Standards to be equipped with safety belts. This includes most passenger cars, pickup trucks, sport utility vehicles and vans manufactured since the late 60's and early 70's. This law applies to out-of-state as well as in-state vehicles.

» Drivers of covered vehicles are responsible for all children and youth less than age 16 in the vehicle.

questions

Is it "8 OR 80" or "8 AND 80"???
The issue of who is required to be in a child restraint or booster seat and who can legally use just the vehicle safety belt can be confusing. The answer lies in which question is being asked:

Q: Is my child required to be in a booster seat or other child restraint?
A: Children who are both less than age 8 AND less than 80 pounds are required to be in some type of child restraint. "Some type of child restraint" includes booster seats.

Q: When can I switch my child to just a safety belt without a booster seat?
A: When a child reaches age 8 (regardless of weight) OR reaches 80 pounds (regardless of age), a properly fitted safety belt may be used instead of a child restraint/booster to restrain the child. Note, however, that placing the shoulder belt under a child’s (or adult’s) arm or behind the back is both dangerous and illegal.

Note however, that a child who has reached 40 pounds, regardless of age, may be restrained by just a properly fitted lap belt if there is not a lap and shoulder belt equipped seating position available. There are no booster seats currently on the market that can be used with just a lap belt. WARNING: Belt-positioning booster seats must NEVER be used with just a lap belt. Belt-positioning booster seats can only be used with lap and shoulder safety belts.

Refer to "What are Options for Children over 40 pounds? in the "Choosing and Using" section for additional information on booster seats and safer alternatives for lap-belt-only seating positions.

questions

Are there differences between what the NC law allows and what is recommended for buckling up children?
What is allowed under this law should be considered to be "minimum standards" and is not necessarily what is recommended to provide the best protection for a child or adult. It is possible to restrain a child - or an adult - in a manner that is legal but not recommended as being safest. Parents and other care givers can be assured, however, that if they are doing what is recommended and is best for the child, it will be legal. For best practice recommendations, refer to Choosing and Using Child Restraints.

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What about passengers sixteen years old and older?
Tthe NC Seat Belt Law requires the proper use of seat belts for all drivers and occupants 16 years old and older - in the back seat(s) as well as in the front seat. It is important that ALL occupants in ALL seating positions ride buckled up to help protect all occupants. Unbuckled occupants are much more likely to be ejected from the car unbuckled rear seat occupants can injure buckled up front seat occupants as well as themselves when they are thrown around the car in a crash.

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When can children be put in a booster seat?
It is legal to switch to a booster seat at any weight as long as the child is within the booster's weight range. However, it is not generally recommended to use booster seats until after the front-facing child restraint (CR) with a harness is outgrown, usually about 40 pounds.

Children less than 8 years old and less than 80 pounds in North Carolina are required to be in some type of child restraint device. Most parents and other care givers comply by using belt-positioning booster seats for children between 40 and 80 pounds. Refer to "What are Options for Children over 40 pounds? in the "Choosing and Using" section for additional information on booster seats.

Placing a shoulder belts under the arm or behind the back is very dangerous and illegal in NC. A belt positioning booster seat or other type of restraint for children over 40 pounds is needed if the belt does not fit. WARNING: Belt-positioning booster seats must NEVER be used with just a lap belt. Belt-positioning booster seats can only be used with lap and shoulder combination safety belts.

Options for children over 40 pounds are very limited if they must ride in lap-belt-only seating positions. For this reason, NC law includes the provision that if no seating position equipped with a lap and shoulder belt to properly secure a belt positioning booster seat is available, a child less than eight 8 of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

Shield type booster seats, those with just a padded bar or shield in front of the child, no longer meet Federal crash test requirements for children over 40 pounds and are not generally recommended.

questions

When is my child big enough for a safety belt?
» NC law does not allow the use of a lap and shoulder combination safety belt until a child is at least 8 years old OR at least 80 pounds, whichever comes first. However, both the lap and shoulder belts must be worn properly.
» Properly fitted lap belts fit low and snug across the hips and should be at least touching the upper thighs. Properly fitted shoulder belts are positioned across the collar bone and chest.
» An improperly fitted safety belt, with the shoulder belt placed under the arm or behind the back, is neither legal nor safe for children or adults. Improper use such as this can lead to serious injuries to the head, internal organs, or spine in a crash.
» Add-on shoulder belt adjusters are not legal, nor are they recommended, since they are not covered by any Federal standards and may, in fact, do more harm than good.
» SafetyBeltSafe U.S.A. has developed a simple "5-Step Test" to see if a child is big enough to ride in a lap and shoulder belt combination. If you answer "no" to any of these questions, your child needs a booster seat to ride safely and comfortably in the car:

1) Does the child sit all the way back against the auto seat?
2) Do the child's knees bend comfortably at the edge of the auto seat?
3) Does the belt cross the shoulder between the neck and arm?
4) Is the lap belt as low as possible, touching the thighs?
5) Can the child stay seated like this for the whole trip?

questions

Are shoulder belt adjusters allowed under this law?
There are a number of shoulder-belt-positioning clips, buckles, and straps that can be purchased in stores or on-line. Devices advertised to improve belt fit for older children and adults are presently not covered by government design, testing or performance standards. Belt adjusters cannot be used to comply with the “booster” provisions of the NC CPS law since the use of a child restraint or safety belt that meets Federal standards is required.

These products are also not recommended. They may help with shoulder belt comfort, but may put too much slack in the shoulder belt or cause the lap belt to ride up onto the abdomen. Belt-positioning booster seats are the best solution for children who don't fit the adult safety belt.

Some vehicles have plastic comfort clips that attach to the side of the vehicle seat with a cord. A comfort clip can help place and keep the vehicle shoulder belt crossing the shoulder between the neck and arm, but a comfort clip does not change or improve the position of the lap belt. The use of these built-in clips is allowed since they are designed and tested in conjunction with the vehicle safety belts.

questions

When can I turn my baby around to face to the front of the car?
NC Law does not say anything about when to turn a child around to face the front of the vehicle, so it is legal to turn a child around whenever allowed to do so according to the manufacturer's instructions.

However, the American Academy of Pediatrics recommends that children should face the rear of the vehicle until they are at least 1 year of age and weigh at least 20 lb to decrease the risk of cervical spine injury in the event of a crash. Infants who weigh 20 lb before 1 year of age should ride rear facing in a convertible seat or infant seat approved for higher weights until at least 1 year of age. If a car safety seat accommodates children rear facing to higher weights, for optimal protection, the child should remain rear facing until reaching the maximum weight for the car safety seat, as long as the top of the head is below the top of the seat back. Refer to Rear-facing vs. front-facing... When should I turn my child's seat to face the front of the car? Refer to Rear-facing vs. front-facing... When should I turn my child's seat to face the front of the car? in the "Choosing and Using Child Restraints" section for additional information.

questions

Do I have to buckle my child in the back seat?
NC law requires that a child must ride in a child restraint installed in the rear seat If the child is less than age 5 and less than 40 pounds, and the vehicle has an active passenger side air bag, and if the vehicle has a rear seat where the child restraint can be installed. The child restraint may be installed in the front seat if it is designed and labeled by the manufacturer for use with air bags.

Instances where it is legal, though not necessarily recommended, for a child to be in the front seat include:

• If the vehicle has no front passenger air bag.
• If the vehicle has a front passenger air bag that is turned off with an on/off switch.
• If the vehicle has no rear seat. Note however, it is legal to place a child in the front seat if the vehicle has no rear seat, but infants and children in rear facing child safety seats should NEVER ride in the front seat of a vehicle with an active passenger side air bag. The child will be seriously injured or killed if there is a crash and the air bag deploys.
• If the child is 5 years of age or older.
• If the child weighs 40 pounds or more.

In addition, it is STRONGLY RECOMMENDED that:

• All children age 12 and under should ride buckled up in a rear seat.
• Infants in rear facing child safety seats should NEVER ride in the front seat of a vehicle with an active passenger side air bag.
• Small children should ride in a rear seat in full harness type child safety seats appropriate for their age and size.
• Larger children should ride in a rear seat in a belt positioning booster until large enough for the lap and shoulder belt to fit correctly.
• If a child over one year old MUST ride in the front seat with a passenger side air bag, put the child in a front facing full harness child restraint, a belt-positioning booster seat, or a correctly fitting lap and shoulder belt -- AND move the seat as far back as possible.
• If a child age 12 or younger MUST ride in the front seat with a passenger side air bag, have an air bag on/off switch installed and turn the air bag off when the child in in the front seat.

Refer to Children and Air Bags for additional information.

questions

When can my child ride in the front seat?
It is legal in NC for a child to ride in the front seat:

• If the child is age 5 or older, OR
• If the child weighs at least 40 pounds, OR
• If the vehicle does not have an active passenger side air bag, OR
• If the vehicle does not have a rear seat where the child restraint can be installed. Note however, that children in rear facing child safety seats should NEVER ride in the front seat of a vehicle with an active passenger side air bag. The child will be seriously injured or killed if there is a crash and the air bag deploys.

However, it is STRONGLY RECOMMENDED that:

• All children age 12 and under should ride buckled up in a rear seat.
• Infants in rear facing child safety seats should NEVER ride in the front seat of a vehicle with an active passenger side air bag.
• Small children should ride in a rear seat in full harness type child safety seats appropriate for their age and size.
• Larger children should ride in a rear seat in a belt positioning booster until large enough for the lap and shoulder belt to fit correctly.
• If a child over one year old MUST ride in the front seat with a passenger side air bag, put the child in a front facing full harness child restraint, a belt-positioning booster seat, or a correctly fitting lap and shoulder belt -- AND move the seat as far back as possible.
• If a child age 12 or younger MUST ride in the front seat with a passenger side air bag, have an air bag on/off switch installed and turn the air bag off when the child in in the front seat.

Refer to Children and Air Bags for additional information.

questions

What does the NC law say about pickup trucks (or other vehicles) with no back seat?
As noted in the "Do I have to buckle my child in the back seat?" question above, NC law requires that a child must ride in a child restraint installed in the rear seat If the child is less than age 5 and less than 40 pounds, and the vehicle has an active passenger side air bag, and if the vehicle has a rear seat where the child restraint can be installed. It is legal to install a child restraint for a child of any size or age in the front seat of a pickup truck or any other vehicle that does not have a rear seat.

It is legal in North Carolina to place a child in the front seat if the vehicle has no rear seat, but infants and children in rear facing child safety seats should NEVER ride in the front seat of a vehicle with an active passenger side air bag. The child will be seriously injured or killed if there is a crash and the air bag deploys.

If a child over one year old MUST ride in the front seat with a passenger side air bag, put the child in a front facing full harness child restraint, a belt-positioning booster seat, or a correctly fitting lap and shoulder belt -- AND move the vehicle seat as far back as possible.

If a child age 12 or younger MUST routinely ride in the front seat of a vehicle with a passenger side air bag, consider having an air bag on/off switch installed and turn the air bag off when the child in in the front seat.

Refer to Children and Air Bags for additional information about air bag on/off switches.

Extended cab trucks can present their own problems. Some extended cabs have side-facing jump seats and there are no child restraints that are allowed to be installed on side-facing seats. Some extended cab trucks have rear seats that face to the front, but they may be too narrow to properly support a child restraint. Even with extended cab pickups, it may be the case that a front seat installation would work better.

questions

Which car seats are approved for use in North Carolina?
Any type of child restraint (CR), including car booster seats and harnesses, is legal to use as long as it is certified to meet Federal Motor Vehicle Safety Standards (FMVSS 213) and the child is within the weight range specified for the seat and the CRS is being used correctly. Correct use means that it is being used according to the manufacturer’s instructions.

questions

How can I tell if I have an approved seat?
Look for the label on the CR itself that certifies that it meets federal standards for use in a motor vehicle. However, it is generally recommended that child restraints older than 10 years should not be used - some manufacturers have begun stamping their restraints with expiration dates. Child restraints made before 1981 were not required to be crash tested and definitely should not be used. Any CR, regardless of age, that has been previously used in a severe crash or that has missing or damaged parts may not be safe to use and may need to be replaced.

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Who is responsible for the children in a car?
The driver is legally responsible for obeying the law and would get the ticket even if the child's parent is also in the car.

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What are the penalties if I don't comply with this law?
Violations carry a penalty of up to $25.00 plus court costs (currently about $120) plus 2 driver license points. Of course, the worst possible outcome of non-compliance would be a crash in which a child is seriously injured or killed because of not being buckled up.

questions

How important is it that car seats are used the way the instructions say?
Seats that are not used correctly lose much of their ability to protect children in crashes. Correct use requires three important steps:

• The seat must be the right type for the size of the child,
• The child must be buckled correctly in the safety seat by the harness and/or shield, and
• The safety seat must be correctly buckled to the car.
• If you have any questions about the proper use of safety seats or need to obtain complete manufacturer's instructions, call the manufacturer or the UNC Highway Safety Research Center

questions

Are school buses included under this law?
Vehicles not required to have safety belts are exempt from the NC child passenger safety law. Large school buses are exempt from the NC CPS law since federal standards do not require safety belts on large school buses other than for the driver. School buses rely on strong, closely spaced, well-padded, energy absorbing seats and higher seat backs to "compartmentalize" and protect passengers during a crash. The size and construction of school buses as well as compartmentalization make them very safe vehicles. In fact, injury rates are much higher for children riding in their parents’ cars, vans, SUV's and other personal vehicles.

The National Highway Traffic Safety Administration (NHTSA) recommends that preschool age children are best transported in a child restraint even on the larger school buses. If it is determined that a child must be transported in a CR on a bus, the NHTSA “Guidelines for the Safe Transportation of Preschool Age Children in School Buses” (February, 1999) should be followed.

Seat belts are required in all seating positions on small school buses weighing under 10,000 lbs. Children being transported in these smaller buses are covered under the NC CPS law. Most of the safety belts on these smaller buses are lap-belt-only safety belts. Children less than 40 pounds in weight are required to be in a front-facing restraint with a harness (refer to "Choosing and Using Child Restraints" for more detailed information). Children at least 40 pounds can be restrained by just the lap belt without a booster seat. WARNING: Belt-positioning booster seats must NEVER be used with just a lap belt. Belt-positioning booster seats can only be used with lap and shoulder combination safety belts. Refer to "What are Options for Children over 40 pounds? in the "Choosing and Using Child Restraints" section for additional information on restraints for older children in lap-belt-only positions.

Refer to "Transportation of Children by Schools, Child Care Centers and other Organizations in NC" (also available through the "Downloads" page) for more information.

An additional resource is the “Guide for the Transportation of Preschoolers and Children with Disabilities for North Carolina Public Schools: Transportation Policies, Guidelines, and Best Practices” (5.6MB pdf file).

questions

Are 15-passenger vans included under this law?
15-passenger vans are required to have safety belts in all seating positions and are covered under the NC Child Passenger Safety Law. Older models of vans may have lap-belt-only safety belts in all rear seats. If this is the case, children less than 40 pounds in weight are be required to be in a front-facing restraint with a harness (refer to "Choosing and Using Child Restraints" for more detailed information) and children weighing at least 40 pounds can be in just the lap belt without a booster seat. WARNING: Belt-positioning booster seats must NEVER be used with just a lap belt. Belt-positioning booster seats can only be used with lap and shoulder combination safety belts. Refer to "What are Options for Children over 40 pounds? in the "Choosing and Using" section for additional information on restraints for older children in lap-belt-only positions.

Newer vans have at least some rear seat positions equipped with lap and shoulder combination belts. Children seated in these lap-and-shoulder positions must be in a child restraint/booster or in properly fitted lap and shoulder belts. Child restraints/boosters are required for children less than age 8 AND less than 80 pounds. Children who are at least 40 pounds should be in just the lap belt without a booster seat or some other suitable restraint for the remaining lap-belt-only positions. DO NOT use belt-positioning booster seats in the lap-belt-only positions.

Refer to "Transportation of Children by Schools, Child Care Centers and other Organizations in NC" (also available through the "Downloads" page) for more information.

questions

Are child day care centers and summer camps covered under this law?
No type of organization is exempt from the NC CPS Law, only types of vehicles. Organizations using vans or other passenger vehicles to transport children are covered and must comply with all provisions of the NC CPS law. Refer to "Are 15-passenger vans included under this law?" and “Are school buses included under this law?” above.

Refer to "Transportation of Children by Schools, Child Care Centers and other Organizations in NC" (also available through the "Downloads" page) for more information.

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Are there any exemptions to this law?
Currently there are three exemptions to this law. None of these exemptions were included because they are considered to be safe. Instead, they were included by the sponsors of the original NC CPS law, enacted in 1981, in order to get it passed. Current exemptions are as follow:

• Ambulances and other emergency vehicles.
• Vehicles not required by federal standards to be equipped with safety belts. (This includes cars made before 1968 and pickup trucks, sport utility vehicles, and vans made before 1972 and large buses. Refer to "Are school buses included under this law?" above for information on school buses.)
• Children may be left unbuckled if all belted seating positions are occupied. The difficult decision for the driver is to choose which children will ride unprotected. Plan car pools by counting the number of belts that each vehicle provides.

Out-of-state vehicles are NOT exempt from the NC CPS law.

questions

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