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

updated 12-05-08

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:

» Children should face the rear of the vehicle, in either an rear-facing-only (infant) seat or convertible seat, until they are, at a minimum, at least 1 year of age AND weigh AT LEAST 20 pounds. Keeping children rear facing until at least 18-24 months, if possible, is better.

According to the American Academy of Pediatrics: Children 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 child restraint 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.

» After being turned around to face the front of the vehicle (over a year in age and over 20 pounds in weight) 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 few models have harnesses that can be used over 40 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 be switched 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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