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North Carolina Child Seatbelt Laws

Child Seatbelt Laws in North Carolina apply to children less than age 16 in front or back seats and fall under the state NC Child Passenger Safety law. All vehicles required by federal standards to have seat belts are covered. This generally includes cars made after 1967, light trucks and vans made after 1971 and large buses including school and municipal buses.

Restraint Required

Child seatbelt laws in North Carolina require a properly used child restraint device (CRD) if the child is less than 8 years old AND weighs less than 80 pounds. Belt-positioning booster seats can be used for children between 40 and 80 pounds. It is very important that the shoulder belt never be placed under a child’s (or adult’s) arm or behind the back. This is both dangerous and illegal. If no seating position equipped with a lap and shoulder belt to properly secure a belt positioning booster seat is available, a child who weighs at least 40 pounds may be restrained by a properly fitted lap belt only. Belt-positioning booster seats must NEVER be used with just a lap belt as they are for lap and shoulder combination safety belts only.

Position in Vehicle

Child seatbelt laws in North Carolina require that child restraint devices be installed in the rear seat if the child is less than age 5 and 40 lbs. and if the vehicle has a passenger side air bag and a rear seat. Installation of the device in the front seat installation is allowed if the CRD is designed for use with air bags.

Vehicle Exemptions

Vehicles that are not required to have seat belts include cars made before 1968 and pickup trucks, SUVs, and vans made before 1972, and large buses. Ambulances are also exempt from belt laws as well as any other emergency vehicles. If child's "personal needs" are being tended to or if all seating positions with belts are occupied, then exemptions will be made as well.

Driver Responsibility & Penalties

The driver of the vehicle is responsible for all children less than sixteen. The penalty shall not exceed $25. However, in addition to the penalty, full court costs will apply ($100). The driver will receive two points on their license. No insurance points are accrued. No conviction will be given if the child is less than 8 years old and proof is presented at trial that an appropriate CRD/Booster seat has been acquired for a vehicle in which the child is normally transported since the violation.

Booster Seats

Backless belt-positioning boosters just have the booster base with no back to them and are designed to raise the child so that the lap and shoulder combination safety belt fits them properly. As long as the lap and shoulder belts fit well on the child, a backless booster will work just as well as a high-back booster in a frontal or side impact collision. Keep in mind backless boosters may not provide the same degree of whiplash protection in a rear-end collision. A high-back booster will give better overall protection.

Small Shield Boosters

Many older booster seats were "small-shield boosters." The small shield on one of these boosters fit over the child's abdomen to eliminate at least some of the problems of poorly fitting lap belts. Most older boosters were small shield boosters since most vehicles only had lap belts in all rear seating positions. Boosters with shields are no longer certified or recommended for children over 40 pounds. Most of the more recent models of shield boosters can be used without the shield for use as a belt-positioning booster with a lap and shoulder combination belt. Be sure to check the manufacturer's instructions to be sure this is allowed before doing so.

Switching to Seat Belts

Seat belts are designed for adults. Children should not be switched to seat belts until they are big enough for the belts to fit correctly and they are mature enough to sit reasonably still. Switching a child to a seat belt that does not fit correctly is illegal in North Carolina and greatly increases the risk of injury.

For More Information

For more information on available restraints, see Car Safety Seats: A Guide for Families produced by the American Academy of Pediatrics.

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