NC Child Passenger Safety Law - G.S. 20-137.1
Differences between what is legal and what is recommended

updated 08-15-11

Legal requirements can be considered to be "minimum standards" for motor vehicle occupants. What is allowed under the law is not necessarily what is recommended to provide the best protection for a child or adult. For instance, switching a child to a safety belt at 80 pounds is legal in North Carolina, but safety belts still do not fit many children even at 80 pounds. Belt-positioning booster seats are recommended for children until safety belts fit well as described below.

Recommendations are that for best protection:

» According to the American Academy of Pediatrics (AAP), children should face the rear of the vehicle, in either a rear-facing-only (infant) seat or convertible seat, until age two for maximum protection. (For information on the updated AAP Guidelines, refer to AAP Updates Recommendations on Car Seats.) Children are five times safer riding rear-facing than forward-facing into the second year of life. 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.

» After being turned around to face the front of the vehicle (preferably over two years in age) children should ride in a front-facing restraint with harness until the harness is outgrown. The upper weight limit for most harnesses is 40 pounds, but a number of models have harnesses that can be used over 40 pounds with some that can be used as high as 85 pounds.

» Children should switch to a belt-positioning booster seat when the full harness seat is outgrown and should continue riding in the booster seat until the safety belt fits correctly without the booster seat. Belt-positioning boosters are designed to make the lap/shoulder belt fit correctly on the child and should be used until the child is really big enough for a safety belt. Add-on shoulder belt adjusters are not recommended since they are not covered by any Federal standards and may, in fact, do more harm than good.

» Children should not switch to a safety belt until the child is big enough for a correct fit of the belt and is mature enough to sit reasonably still. This may not be until the child is 80 pounds or more and about 4' 9" or taller. When wearing a lap and shoulder belt, it is important that both the lap and shoulder belts be worn and positioned correctly. Never tuck the shoulder belt under the arm or behind the back. Lap belts alone should be used if nothing else is available.

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:

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?

If the answer is "no" to any of these questions, your child needs a booster seat to ride safely in the car.

» Currently there are no booster seats on the market that are certified for use over 40 pounds in a lap belt only-equipped position, so options for larger children are limited. Refer to How do you protect the larger child? Are booster seats really needed? for additional information on boosters and for information on other options for children over 40 pounds.

WARNING: Belt-positioning booster seats can only be used with lap and shoulder combination safety belts. Belt-positioning booster seats must NEVER be used with just a lap belt.

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