Georgia Car Seat Laws in 2022

Editor’s note: This article was updated in 2022 to link to a more appropriate section of the relevant statute.

In Georgia law, a child under eight years old must be properly restrained in a child passenger restraining system when being transported in a moving passenger automobile, van, or pickup truck on a public road, street, or highway. The child passenger restraining system must be appropriate for the child’s height and weight and approved by the United States Department of Transportation for compliance with federal motor vehicle safety standards. To comply with the child passenger restraining system law, the child passenger restraining system must be installed and used in accordance with the manufacturer’s directions.

Children Under Eight Years Old

A child under eight years old must be properly restrained in a child passenger restraining system in the rear seat when being transported in a moving passenger automobile, van, or pickup truck on a public road, street, or highway. The child passenger restraining system must be the correct size for the child, installed in used according to the manufacturer’s directions, and comply with federal motor vehicle safety standards.

Children Between Four and Seven Years Old Transported on Buses

A child between the ages of four and seven years old must be properly restrained by a child passenger restraining system while on a bus.

Penalties for Violations

If you violate the child passenger restraining system law, you will be fined $50.00 for a first offense or $100.00 for a second or subsequent offense. The court may not impose any additional fees or surcharges. The court will forward a record of the disposition of your case to the Department of Driver Services for data collection purposes only.

Exemptions

Your child may be secured by a lap belt only if your child weighs at least forty pounds and: the motor vehicle is not equipped with both lap and shoulder belts; or all other lap and shoulder belts, not including the driver’s seat, are all being used to properly restrain other children.

Your child may be properly restrained in the front seat of a motor vehicle if the vehicle does not have an appropriate rear seating position to correctly restrain the child or if all appropriate rear seating positions are occupied by other children.

Your child may be exempt from the child passenger restraining system requirement if you, the child’s parent or guardian, obtain a written statement from a physician indicating that your child has a physical or medical condition that prevents him or her from being placed or restrained as required.

Your child may be restrained in a safety belt instead of in a child passenger restraining system if you, the child’s parent or guardian, are able to show that your child’s height is over 4’9.”

Taxicabs and public transit vehicles are not included in the definition of a “passenger automobile, van, or pickup truck” under the child passenger restraining system law.

School buses are not required to properly restrain children between the ages of four and seven years old by a child passenger restraining system.

Multifunction school activities buses are not required to transport children five years of age or older in a child passenger restraining system.

FAQ

What are the booster seat requirements in Georgia?

Georgia car seat laws do not mention when children can ride in booster seats. State of Georgia car seat laws state that drivers must secure children under eight years old in an appropriate child passenger restraint system for their height and weight. Check your child passenger restraint system’s guidelines before securing your child. The National Highway Traffic Safety Commission (NHTSA) ‘s website states that children who have outgrown their forward-facing car seats can be secured in a booster seat.

What are Georgia car seat laws for rear-facing car seats?

State of Georgia car seat laws do not state when parents can switch their child from a rear-facing car seat to a forward-facing car seat. Georgia car seat laws only maintain that children under eight years old need to be correctly secured in a child passenger restraint system. The NHTSA recommends leaving children in a rear-facing car seat as long as they meet that seat’s height and weight requirements. All children under a year old should ride in a rear-facing car seat until they outgrow it. At that time, they can switch to a forward-facing car seat.

When can my child ride in the front seat in Georgia?

Georgia car seat law does not say when children can safely ride in the front seat. All children up to eight years old must ride in a proper child passenger restraint system in the back seat of a vehicle. The only exception is if there isn’t a back seat available to secure them in the restraint system or if the spaces in the back seat are restraining other children. The National Highway Traffic Safety Commission (NHTSA) recommends keeping children up to 12 years old in the back seat.

* Ms. Blake is licensed in the state of Maryland. The information provided in this article does not constitute legal advice and does not create an attorney-client relationship.


Attorney Denise A. Blake*

Denise practices family law at Blake Law, LLC in Westminster, Maryland. She holds a Juris Doctor with an emphasis in Family Law from the University of Baltimore School of Law.