New York 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 New York law, a child under two years old and under forty pounds must be restrained in a rear-facing safety seat, a child between two and three years old and forty pounds or more must be restrained in a safety seat, a child between four and seven must be restrained by a child restraint system, and a child between eight and seventeen must be restrained by a safety belt.

A child restraint system is a device meeting Federal Motor Vehicle Safety Standards designed for use with safety belts in a motor vehicle to restrain, seat, or position a child. An appropriate child restraint system is a system for which the child meets the manufacturer’s size and weight recommendations.

Babies and Children Up to Two Years Old and Under Forty Pounds

A child under two years old must be restrained in the back seat of a motor vehicle in a specially designed seat meeting Federal Motor Vehicle Safety Standards which is permanently affixed to the motor vehicle or affixed to the motor vehicle by a safety belt. The seat must be rear-facing unless the child exceeds the manufacturer’s size and weight recommendations. If the child exceeds the manufacturer’s size and weight recommendations for a rear-facing seat, he or she may be restrained in a forward-facing seat.

Children Between Two and Three Years Old or Forty Pounds or More

A child between two and three years old must be restrained in the front or back seat of a motor vehicle in a specially designed seat meeting Federal Motor Vehicle Safety Standards which is permanently affixed to the motor vehicle or affixed to the motor vehicle by a safety belt. The seat must be rear-facing unless the child weighs more than forty pounds.

If the child weighs more than forty pounds, he or she must be restrained in an appropriate child restraint system which uses a combination of lap safety and shoulder harness belts. If the motor vehicle is not equipped with combination lap safety and shoulder harness belts, or if all combination lap safety and shoulder harness belts are being used to restrain other passengers under sixteen years old, the child may be restrained by a lap safety belt.

Children Between Four and Seven Years Old

A child between four and seven years old must be restrained in the front or back seat of a motor vehicle in an appropriate child restraint system using a combination of lap and shoulder harness belts. If the motor vehicle is not equipped with combination lap safety and shoulder harness belts, or if all of the combination lap safety and shoulder harness belts are being used to restrain other passengers under sixteen years old, the child may be restrained by a lap safety belt.

Children Between Eight and Fifteen Years Old

A child between eight and fifteen years old must be restrained in the front or back seat of a motor vehicle by a safety belt approved by the commissioner. The child must be restrained by both a lap safety belt and a shoulder harness belt if seated in a position equipped with both.

Children Sixteen and Up

A child aged sixteen and older driving or riding in the front seat of a motor vehicle must be secured in a safety belt that meets applicable federal motor vehicle safety standards. The child must be restrained by both a lap safety belt and a shoulder harness belt if seated in a position equipped with both.

Penalties for Violations

You may be fined between $25.00 and $100.00 for a violation of New York’s safety seats and safety belts law. However, for a first violation involving a child under eight years old, the court will waive your fine with proof of purchase or rental of a child restraint system meeting the requirements of the law between the date of your violation and the date of your court appearance.

Exemptions

Your child may be exempt from New York’s safety seats and safety belts law if he or she is being transported by bus, taxi, or livery. According to the Governor’s Traffic Safety Committee, all passengers in a taxi or livery that are between the ages of eight and fifteen must be secured by a safety belt. Passengers riding in the backseat that are sixteen years old and over must also wear a seat belt when riding in a taxi or a livery.

Your child may be exempt from New York’s safety seats and safety belts law if he or she is being transported by an authorized emergency vehicle or if he or she is sixteen or seventeen years old and being transported in the rear seat of a fire vehicle or an ambulance which is not required to be equipped with a safety belt.

Your child may be exempt from New York’s safety seats and safety belts law if a physician certifies that your child has a physically disabling condition preventing appropriate restraint in a safety seat or by a safety belt and states the nature of the disability and the reason that restraint is inappropriate.

FAQ

What are New York car seat laws for booster seats?

New York car seat laws do not explicitly state when a child can ride in a booster seat. The law does state that children aged between two and three years old who weigh more than forty pounds and all children between the ages of four and seven must ride in a child safety restraint system that uses both lap and shoulder belts.

What are New York car seat laws for rear facing car seats?

Children up to two years old must ride in the back seat of a vehicle properly fastened in a rear-facing car seat until they reach the maximum weight and size recommendations set by the manufacturer. If a child is less than two years old and is over the weight and size requirements for a rear-facing car seat, they must be secured in a forward-facing car seat.

What is the legal age to sit in the front seat in NY?

New York state law does not state when a child can ride in the front seat of a vehicle. According to the NY State Department of Health, all children aged 12 and younger should sit 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.