Front Seat Laws Explained
The laws governing the legal age of a child to sit in the front seat of a car vary by state, as there is no universal standard. In many states and countries, there is no legally required age at which a child can sit in the front seat of a vehicle. Instead, once a child reaches the weight specified by the car manufacturer as safe for sitting in the front seat, that child is considered old enough to do so.
In fact, the state of California, for example, has no statute specifically addressing when a child can sit in the front seat in a vehicle. Rather , California has a law requiring children to be secured in a rear-facing child restraint system until they are a minimum of two years old. After the child is two, they can be secured in a federally approved child restraint in either the rear or front seat.
On the other hand, states such as Florida have laws that mandate children can only ride in the front seat if they are twelve years old or older.
Most outliers on this spectrum are states that require a child to be seven or eight years old before they may sit in the front seat of a vehicle.
Safety Guidelines for Front Seat Passengers
Many drivers are aware that the legal age to ride in the front seat of a car with other occupants is 12, but why is this the case? Safety rules are put in place because of the potential for injury or death from riding in the front seat of a car, regardless of whether or not you are in an accident. Although adult passengers may be more at risk for injury in the passenger seat of a car than in the back, individuals less than 12 years old are much more vulnerable when riding in the front seat of a vehicle, particularly if the vehicle is equipped with airbags. Even in a low-speed crash, children under 12 are seven times more likely to suffer a severe or fatal injury than adults who are the same size and age. Airbags are the biggest risk factor for front-seat passengers, as they can do more harm than good in certain weight categories. Front-passenger airbags are designed for adults 12 years and older, and deploying airbags can have deadly effects on smaller bodies. The National Safety Council temperately states, "Children can be seriously injured or even killed by an airbag if they are seated in the front seat and are then in a crash." This is why the legal age to ride in the front seat of a car is 12 years old; it’s their safest option.
State Age Requirements
Below are the front seat age limits and child passenger safety seat statutes as they apply in individual states.
Alabama
Alabama law provides that a child weighing less than 40 pounds must be in a child passenger safety seat approved for use by that child’s age and weight. After the child reaches four years of age and weighs 40 pounds, Alabama law requires that the child must be both in a booster seat and secured by a safety belt or child restraint.
Alaska
Alaska law requires that a child weighing less than 65 pounds must be restrained in a federally approved child safety seat or booster seat appropriate for the child’s age until 12 years old or 57 inches tall.
Arizona
Arizona law requires any child under eight years of age who is less than 4′ 9" tall and not properly restrained by a seat belt or child safety seat.
Arkansas
Children up to 15 years old must be restrained by either a seat belt, booster seat, or child safety seat. A fine up to $25 may be imposed upon violation.
California
Any child under the age of eight must be secured in a federally-approved seat belt or child restraint system in the rear seat. If all rear seats are already occupied by other children under the age of eight, the child may be placed in another seat. All front seat passengers under the age of 16 must be restrained by a seat belt. Violators are subject to a fine up to $500.
Colorado
Children under 8 years of age must be properly secured by a federally approved child safety seat system. Severe penalties for violations are provided for a judge’s discretion.
Connecticut
All children under four years old must be properly secured in a child safety seat system. Any child between the age of four and six must be properly secured in a booster seat or child safety seat system. Any child under 16 years old must be properly secured with a seat belt. Offenders face a fine up to $500.
Delaware
All children under the age of 12 must be properly seated in the rear seat. All children under the age of 18 must be properly restrained in a child safety seat, booster seat, or safety belt system. All children under the age of eight must be properly restrained by a child safety seat or booster seat system in the rear seat. First time offenders face a fine of $25 for violations. Repeat offenders may be fined $50.
District of Columbia
All children under 16 years of age are required to be properly restrained by a seat belt system. It is advised that children under the age of eight are properly restrained in a booster seat or child safety seat system. Violators are subject to a fine up to $100.
Florida
All children age five and under are required to be properly restrained by a federally approved motor vehicle child safety seat, booster seat, or even in a safety belt system if over the age of three.
Georgia
All children under the age of 6 are required to be properly requested in a child safety seat system, booster seat, or safety belt system. Violators are subject to a fine up to $50.
Hawaii
All children under the age of 4 are required to be properly restrained by a child safety seat, booster seat, or safety belt. All children under the age of 8 must be properly secured in the back seat. No fine is provided for violations.
Idaho
Children under the age of six months must be properly restrained by a motor vehicle child seat because they will not be able to use a conventional safety belt. Children aged six months through four years must be properly secured by a child safety seat or booster seat system, while children aged four through eight years require the use of a booster seat. Offenders are subject to a fine of $69.
Illinois
All children under the age of 8 are required to be properly secured in a safety seat system, booster seat, or safety belt system. Penalties are left to the discretion of the judges.
Iowa
All children under the age of 6 and weighing less than 60 pounds are required to be properly restrained by a child safety seat system or a booster seat. Children aged 6 and older weighing more than 60 pounds must be properly secured by a safety belt system. First time offenders may be fined up to $100. Repeat offenders might be fined up to $500.
Kansas
Children up to four years of age weighing under 40 pounds must be properly restrained in a child safety seat system in the rear seat. All children under the age of 12 must be secured by a safety belt system. All children under the age of four who weigh between 40 and 80 pounds and are less than 80 inches must be secured by a booster seat or child safety seat system. Offenders are subject to a fine of $60.
Kentucky
Synthetic common law states that all children under the age of eight must be properly restrained in a child safety seat system, booster seat system, or safety belt system whilst in the rear seat. All children aged eight and older must be properly restrained in a safety seat system or safety belt system. Offenders may be fined up to $50.
Louisiana
All children under the age of 12 must be properly restrained in a child safety seat system, booster seat system, or safety belt system. Violators may be penalized with fines ranging from $100 to $500.
Maine
All children under the age of 12 must be properly restrained in either a motor vehicle restraint system or a safety seat system. Violators face fines up to $50.
Maryland
All children under the age of 16 must be properly restrained by a safety belt system in any motor vehicle. All children weighing under 40 pounds must be properly restrained by a federally certified child safety seat. Offenders face fines up to $25.
Massachusetts
All children under the age of five must be properly restrained by a child safety seat system or a booster seat system. All children under the age of 12 must be properly secured by a safety belt system. First time offenders may be fined $25, while repeat offenders may be fined $50.
Michigan
All children under the age of four must be properly restrained by a motor vehicle child safety seat. Children aged four and older but under the age of eight must be properly secured in a child seat, booster seat, or safety belt system. First time offenders face fines of $25 to $100. Repeat offenders are more likely to be fined between $100 and $500.
Minnesota
All children under the age of four must be properly restrained by a motor vehicle child safety seat. Children under the age of eight must be properly secured by either a child safety seat or booster seat. Children under the age of 15 must be properly restrained by a safety belt system or a federally approved child safety seat system. First time offenders may be fined between $25 and $100. Offenders face a maximum penalty of $30.
Missouri
All children under the age of four must be properly restrained by a child safety seat system or belt positioning device. All children under the age of eight must be properly restrained by a safety seat system or safety belt system. Penalties may be imposed for violations up to the judge’s discretion.
Nebraska
All children under the age of six and less than 60 pounds must be properly restrained by a child safety seat system. All children under the age of 12 must be properly secured by either a safety seat system or a safety belt system. Violations and penalties are left to the judge’s discretion.
Nevada
All children under the age of six must be properly restrained in a motor vehicle child safety seat. All children aged six and older must be properly secured by a safety belt system. Nevada imposes fines of $500 for violations of these statutes.
New Hampshire
All children under the age of seven must be properly restrained by either a child safety seat or booster seat. All children under the age of 18 are required to be restrained by a safety belt system. Repeat offenders may be fined between $25 and $100.
New Jersey
All children under the age of 8 must be properly restrained by a child safety seat, booster seat, or safety belt system. New Jersey imposes fines of $25 to $50 for violations of these statutes.
New Mexico
All children under the age of 12 must be properly restrained by a child safety seat system or safety belt system. Violators face fines of $25 to $100.
New York
All children under the age of four must be properly restrained by a child safety seat system. All children aged four and over but under the age of eight must be secured by a booster seat system. Any child under the age of 16 must be properly secured by a safety belt. First time offenders may be fined $25 to $100. Repeat offenders face fines of $100 to $200.
North Carolina
All children under the age of 16 must be properly restrained by a safety belt system. Children under the age of four must be properly restrained by a safety seat system. All children under the age of 16 who are not properly restrained are subject to fines ranging from $25 to $100.
North Dakota
All children under the age of one and weighing less than 20 pounds must be properly restrained by a motor vehicle child safety seat system. All children between the ages of one and seven must be restrained by either a child safety seat, booster seat system, or safety belt system. All children aged eight and older must be restrained by a safety seat system. Penalties for violations are left to a judge’s discretion.
Oklahoma
All children under the age of 12 must be properly restrained in a child safety seat system or safety belt system. Repeat offenders may be fined between $25 and $50.
Oregon
All children under the age of 18 and less than 40 pounds must be properly restrained by a motor vehicle child safety seat. All children under the age of 16 must be properly secured by a safety belt system. Violators face fines of up to $90.
Pennsylvania
All children under the age of four must be properly restrained by a child safety seat. All children under the age of 16 must be properly restrained by a safety belt system. First time offenders may be fined $25, while repeat offenders may be fined $100.
Rhode Island
All children under the age of six must be properly restrained by a child safety seat system or booster seat system. All children under the age of 12 must be restrained by either a federally approved child safety seat or safety belt system. First time offenders face fines of $85, while repeat offenders may be fined $100.
South Carolina
All children under the age of six must be properly restrained by a child safety seat system or booster seat. All children between the age of six and seat must be appropriately restrained by a children’s or safety seat system or safety belt system. Repeat offenders may be fined between $25 and $50.
Tennessee
All children under the age of one must be properly restrained by a child safety seat system. All children under the age of four must be properly restrained either by a child seat system or safety seat system. All children between the age of four and seat must be properly restrained by either a child safety seat, booster seat, or safety belt system. Repeat offenders face fines up to $10.
Texas
All children under the age of five must be properly restrained by a child safety seat system. All children under the age of 17 must wear a proper safety belt system. Repeat offenders are subject to fines of $25 to $250.
Utah
All children under the age of eight must be properly restrained by a child safety seat system or booster seat system. Repeat offenders may be fined between $45 and $75.
Virginia
All children under the age of 16 must be properly restrained by a safety belt system or child safety seat system. Children under the age of six must be properly restrained by a child safety seat system. All children aged six through eleven must be properly restrained by either a child safety seat system or booster seat system. First time offenders may be fined $25 to $50. Repeat offenders face a fine of up to $200.
Washington
All children up to the age of eight must be properly restrained by a child safety seat system or booster seat system. All children under the age of16 must be properly restrained by a safety belt system. Violators face fines up to $124.
West Virginia
All children under the age of 8 must be properly restrained by either a child safety seat system, booster seat system, or safety belt system. All children under the age of 18 and weighing less than 40 pounds must be properly restrained in a booster seat or child safety seat system. Offenders may face fines up to $15.
Wisconsin
All children under the age of four need to be properly restrained by a child safety seat system. All children aged four and up but under the age of eight must be properly restrained in a booster seat system. Violators face fines up to $30.
Wyoming
All children weighing under 40 pounds and under the age of five must be properly restrained by a motor vehicle child safety seat system. All children under the age of 16 must be properly restrained by either a child safety seat, booster seat, or safety belt system. Offenders face fines of $25 to $75.
Recent Legislative Developments
The most substantial changes regarding the rules on when children can sit in the front passenger seat of a vehicle came into effect in 2015. Before then, there were no restrictions on the age of children who could travel up front. However, this law was put in place to encourage parents to keep their kids in the back of the vehicle and to reduce the likelihood of future injuries their kids may face in the event of a collision. On August 1, 2015, Ontario implemented new legislation demanding that all drivers in the province in Ontario make proper use of child restraints and booster seats for all passengers who are younger than 16 years of age. For all children under 16, proper booster or child restraint methods must be used, which vary based on age and body weight. Taking it one step further, Toronto-based paramedics stated that although these new laws were already in place, the bylaw board of Toronto may have considered it acceptable enough to allow for some leeway. Because of new regulations , the risk of children being injured or killed in a car crash is significantly lower. Children under the age of eight years can now only legally sit in the front seat of the car if the back seats of the car are occupied by children ages eight and older. They must be medically fit to travel and able to sit properly in their seatbelt without shifting. In recent years, stricter legislation has been put into place regarding booster seats and other related laws due to many year of advocacy work by child health experts and child advocates. The combination of stricter laws and the widespread awareness of the importance of seatbelt safety in children means that less and less children are being injured in car accidents due to improper car and safety seat use. If your child is eight years of age or older, he or she may be permitted to ride in the front seat of a car, provided you are following with Ontario’s road safety regulation. However, for all other children, it is safest to keep them in the back seat of your vehicle to reduce the risk of injury during a car crash.
Advice for Parents and Caregivers
While laws may differ, and you should always check your specific state’s law, kids should usually be able to sit in the front seat when they reach age 12. However, it’s essential to remember that age isn’t the only factor to take into account. Their size and physical ability can play an important role, and a child generally needs to be able to fit safely in the front before parents can feel comfortable letting them ride there.
To determine if your child is ready to fully embrace the front seat, ensure they have fully outgrown their booster seat. Once they are at least 57 inches tall and have a weight of more than 70 pounds, they are likely ready to ride in the front safely.
When driving with kids, it’s important to ensure that you remain focused on the road while the kids settle into place in the back, without leaning into the backseat to help them. Make sure all kids are wearing their seatbelts before you start driving, and children under the age of 18 must have their seatbelt fastened – regardless of where they are sitting in the vehicle.
Some other important tips for how to keep your child safe in the car include:
Make sure the seatbelt fits them correctly, and look into booster seats if necessary.
Count a child old enough for the front seat only if they are at least 12 years old, at least 57 inches tall, and at least 70 pounds.
Always remain focused on the road and avoid trying to help a child buckle up or pull things out of their pockets while driving.
If at any point your child complains that their seatbelt doesn’t seem to fit quite right, ensure that you know how to adjust the seatbelt system in your vehicle.
Additional Resources and Reading
Centers for Disease Control and Prevention on Childhood Years (ages 3-12): http://www.cdc.gov/Features/CarSeatSafetyChildren/index.html
American Academy of Pediatrics on Car Seats for Children: https://www.healthychildren.org/English/safety-prevention/on-the-road/Pages/Child-Safety-Seats.aspx
How and When to Transition Your Child to a Booster Seat: http://www . huffingtonpost.com/jennifer-wriggins/how-and-when-to-transition_b_6796120.html
Washington State Department of Transportation on Front Seat Safety for Children: http://www.wsdot.wa.gov/LocalPrograms/Safety/Parent.htm
Florida Department of Highway Safety and Motor Vehicles Children and Safety Seats: https://www.flhsmv.gov/traffic-crash-data/childrens-and-safety-seats