North Carolina Car Seat Law

North Carolina Car Seat Law

North Carolina's car seat law requires every child under 16 to be properly restrained, and it sets stricter rules for the youngest passengers: a child under 8 years old and under 80 pounds must ride in a weight-appropriate car seat or booster seat. Age alone does not get a small child out of a seat. They have to clear both the age and the weight line.

Below is the law itself, quoted from the statute, plus the rear-seat rule, the penalty, and one provision that surprises people about how a car seat ticket affects an injury claim.

What Does North Carolina's Car Seat Law Actually Require?

It ties the restraint to the child's weight, not just age. The child restraint statute, G.S. 20-137.1(a) and (a1), reads:

(a) Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.
(a1) A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system.

So a child who is 7 but only 50 pounds still needs a car seat or booster, and a child who is 6 and already 85 pounds has met half of the rule. They must miss both marks, under 8 and under 80, to require the seat.

Does My Child Have to Ride in the Back Seat in North Carolina?

Sometimes, because of airbags. The statute adds a rear-seat rule for the smallest children when the front passenger airbag is active:

In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags.

A child under 5 and under 40 pounds should be in the back seat when there is a back seat and a live passenger airbag up front. Front airbags deploy with enough force to seriously injure a small child.

What if There Is No Lap-and-Shoulder Belt for the Booster?

The law allows a lap belt only in that narrow case. The statute provides that if no seating position with a lap and shoulder belt is available to secure the weight-appropriate restraint, a child under 8 and between 40 and 80 pounds "may be restrained by a properly fitted lap belt only." It is a fallback for older vehicles, not a first choice.

What Is the Penalty for Violating North Carolina's Car Seat Law?

A small fine and two license points. Under G.S. 20-137.1(c), the driver faces a penalty "not to exceed twenty-five dollars ($25.00), even when more than one child" was unsecured. The violation adds two driver's license points but no insurance points. The statute also gives you a way out on the seat itself: a driver charged with not having a child under 8 properly secured cannot be convicted if they show the court that they have since purchased an approved child restraint for the vehicle the child rides in.

Can a Car Seat Violation Be Used Against My Family in an Injury Claim?

No, and the statute is explicit. This is the provision most parents are unaware of. G.S. 20-137.1(d) lists the consequences of a violation and states:

(3) The violation shall not constitute negligence per se or contributory negligence per se. (4) The violation shall not be evidence of negligence or contributory negligence.

That protection matters in North Carolina because of the strict contributory negligence rule, under which even slight fault can bar a claim. The law keeps a car seat citation from being turned into an argument that the family caused the child's injuries. If your child was hurt in a crash, our North Carolina car accident lawyers can explain how this plays out. For step-by-step setup help, see our car seat installation guide.

Talk to The Law Offices of John M. McCabe

If your child was injured in a collision, let us deal with the insurance company while you focus on them. The Law Offices of John M. McCabe prepares every case as if a jury will hear it. Call for a free consultation.

Updated 2026. This page reflects North Carolina's child restraint law, G.S. 20-137.1, in effect as of 2026. It is general information, not legal advice.

Check out other NC safety laws by visiting our main North Carolina safety laws page.