New York Car & Booster Seat Laws in 2026

Child safety seats are not just a legal requirement; they are lifelines that have significantly reduced the risk of injury in vehicular accidents. According to the most recent data from the National Highway Traffic Safety Administration, 1,019 children aged 14 and younger were tragically killed in motor vehicle crashes in the United States in 2023. Of the 700 child passenger vehicle occupants killed, 43% were unrestrained or not using seatbelts and car seats.

The statistics are sobering, but they also reveal a path forward. Research shows that properly used child safety seats reduce fatal injury by 71% for infants and 54% for toddlers in passenger cars. Yet despite these proven lifesaving benefits, hundreds of children continue to die each year while unrestrained, with older children at particularly high risk. The data is clear: using appropriate child restraints correctly can mean the difference between life and death in a crash, making compliance with New York's car seat laws not just a legal obligation but a fundamental act of protection for your child.

Quick Chart: Which Seat Does My Child Need in NY?

Selecting the right car seat depends on your child's age, weight, and height, not just one factor alone. New York law requires you to follow both state requirements and manufacturer specifications to ensure maximum safety.

Height/Weight/Age Quick Reference Chart

What Seat Should My Child Use?

For Infants (Birth to 2 years):

Use a rear-facing car seat until your child reaches at least age 2 AND the maximum height or weight limit specified by the seat manufacturer. Many rear-facing convertible seats now accommodate children up to 40-50 pounds, allowing extended rear-facing through age 3 or 4.

For Toddlers (Ages 2-4):

Keep your child rear-facing as long as possible, ideally until they reach the seat's rear-facing limits. Once they outgrow the rear-facing position, transition to a forward-facing car seat with a 5-point harness.

For Preschoolers and Young Children (Ages 4-7):

Use a forward-facing car seat with a 5-point harness until your child reaches the maximum weight or height limit (typically 40-65 pounds). After outgrowing the harness, transition to a booster seat.

For School-Age Children (Ages 8-12):

Continue using a booster seat until the vehicle's seat belt fits properly, typically when your child reaches 4 feet 9 inches tall. Even after age 8, if the seat belt doesn't fit correctly, your child should remain in a booster seat.

NY Child Safety & Booster Seat Requirements

Children must be secured in an appropriate child restraint system that meets their size and weight specifications until they reach the age of 8. This includes rear-facing, forward-facing, and booster seats.

Rear-Facing Seats: New York law mandates that all infants ride in rear-facing seats until they reach the age of 2 or the height and weight limits specified by the seat's manufacturer.

Forward-Facing Seats: Once children outgrow their rear-facing seat, they must transition to a forward-facing seat with a harness, suitable for their height and weight, until they outgrow it as well.

Booster Seats: After outgrowing forward-facing seats, children must use a booster seat until they are 8 years old or 4 feet 9 inches tall.

Rear-Facing Car Seat Regulations

Infants and toddlers under the age of two must be secured in a rear-facing car seat. This is in accordance with New York State's Vehicle and Traffic Law Section 1229-c, which mandates that all back seat passengers under four years old must be restrained in a seat that meets Federal Motor Vehicle Safety Standards.

Forward-Facing Car Seat Requirements

For children over two years old or those who have outgrown their rear-facing seats, New York law requires the use of a forward-facing car seat. This is in line with the Federal Motor Vehicle Safety Standard 213, which provides the guidelines for child restraint systems.

The law states that children under the age of four must be secured in a system that is appropriate for their height and weight. If a child's weight exceeds 40 pounds, they may be secured with a lap safety belt if no shoulder harness is available.

Booster Seat Obligations

When children reach the age of four and until they turn eight, New York State law requires the use of a booster seat. This is to ensure that the vehicle's seat belts fit properly and provide the necessary protection. The booster seat must be used with both a lap and shoulder belt, providing a transition from a child safety seat to a regular vehicle seat belt.

What Types of Seats Are Allowed or Recommended?

Infant Seats

Infant-only seats are specifically designed for newborns and young babies, accommodating children typically from 4-5 pounds up to 22-35 pounds and 25-32 inches in length. These seats:

• Must be installed in a rear-facing position only
• Should be placed in the back seat of the vehicle
• Must meet Federal Motor Vehicle Safety Standard 213
• Feature a removable carrier that clicks into a base installed in the vehicle
• Include built-in harness systems and side-impact protection

New York law requires all children under age 2 to ride rear-facing, but experts recommend keeping children rear-facing much longer, until they reach the maximum height or weight limit of their convertible seat.

Convertible Seats

Convertible car seats are designed to "convert" from rear-facing (for infants and toddlers) to forward-facing (for older children), making them a versatile long-term option. Modern convertible seats:

• Accommodate rear-facing: typically 4-50 pounds and 17-49 inches tall
• Accommodate forward-facing: typically 22-65 pounds and up to 49 inches tall
• Feature adjustable 5-point harness systems
• Include extended rear-facing capabilities up to 40-50 pounds
• Must be secured using either the vehicle seat belt or LATCH system (lower anchors and tethers)

Safety experts recommend keeping children in convertible seats with a 5-point harness as long as possible, ideally until age 5-6 or at least 40 pounds, before transitioning to a booster seat.

Booster Seats

Booster seats are designed for children who have outgrown their forward-facing harness seats but are still too small for adult seat belts to fit properly. In New York, children must use booster seats from age 4 until age 8 OR until they reach 4 feet 9 inches tall.

Two Types of Booster Seats:

High-Back Boosters:

• Provide head, neck, and side-impact protection
• Weight range: 30-120 pounds
• Height range: 38-57 inches
• Recommended when vehicle lacks headrests or for younger/smaller children

Backless Boosters:

• Portable and lightweight option
• Weight range: 40-100 pounds
• Height range: 40+ inches
• Best for vehicles with proper headrests and older children

Both types must be used with lap AND shoulder belts, never with lap belts alone. The booster elevates the child so the seat belt fits correctly: lap belt low across the hips and shoulder belt across the chest (not the neck or stomach).

Built-in Vehicle Seats

Some vehicles come equipped with integrated or built-in booster seats. These seats:

• Are permanently installed in the vehicle and fold out when needed
• Must still meet Federal Motor Vehicle Safety Standards
• Typically accommodate children weighing 30-100 pounds and 38-57 inches tall
• Eliminate the need for a separate booster seat if properly used

When using built-in vehicle seats, always consult your vehicle's owner manual to ensure proper usage, weight limits, and height requirements. Like all child restraints, built-in boosters must position the vehicle seat belt correctly across your child's shoulder and lap.

Can a Car Seat Be Used Next to an Airbag?

Airbag placement is a critical safety consideration when installing car seats. Understanding how airbags interact with different types of car seats can prevent serious injuries or death.

Front Passenger Airbags: Critical Safety Rules

NEVER place a rear-facing car seat in the front seat of a vehicle with an active passenger airbag. This is both illegal and extremely dangerous. If the airbag deploys, it can strike the back of the car seat with tremendous force, causing severe brain injury or death to the infant.

For forward-facing seats and booster seats in the front (only if absolutely necessary):

• Move the vehicle seat as far back as possible from the dashboard
• Ensure the car seat is securely installed
• The child should be kept as far from the dashboard as possible
• Children seated in front of an airbag during a crash face double the risk of serious injury

The safest position for ALL children under 13 is in the back seat. If your vehicle has no back seat or the back seat is unsuitable for passengers, check your vehicle's owner manual. Some vehicles allow you to manually turn off the front passenger airbag.

Side Airbags: What Parents Need to Know

Side airbags (also called side-impact or curtain airbags) are generally considered safe for children in car seats, but precautions are necessary:

For rear-facing seats:

• The safest position is in the center of the back seat, away from side airbags
• If installing next to a door with side airbags, keep the area between the car seat and door clear of all objects (toys, blankets, pillows)

For forward-facing seats and boosters:

• Install in the center rear position when possible
• If positioned next to a side airbag, ensure the child sits upright and doesn't lean against the door
• Clear the space between the child and the door of any objects

Current NHTSA guidance states that roof-mounted curtain airbags have not shown indications of risk to children, and it is acceptable for children to be seated next to these types of side airbags. However, children should not lean or rest against chest-only or head/chest combination side airbags.

Key Takeaways for Airbag Safety:

• Back seat is always safest for children under 13
• Rear-facing seats must NEVER be placed in front of an active airbag
• Center rear position provides maximum protection from both frontal and side impacts
• Keep children upright and not leaning against doors with side airbags
• Check your vehicle manual for specific airbag and car seat installation guidance

Unique Things About New York Car Seat Laws

New York mandates that all children under the age of 8 must be properly restrained in a child safety seat or booster seat, which is a regulation that varies in age across the country.

Special Provisions for Taxis, Buses, Subways, and Ridesharing

New York's laws account for the diverse modes of transportation within the state. While taxis and ridesharing vehicles are required to comply with child safety seat laws, there are exceptions for buses and subways, where safety restraints are not typically used. However, it's important to note that for taxis and livery vehicles, as of November 1, 2017, the driver and each front-seat passenger aged 16 or older must wear a seat belt.

Using Second-Hand or Expired Car Seats

Car seats are subject to expiration dates, usually six years after manufacture, due to the degradation of materials over time. Using a car seat past this date, or one that has been involved in a significant crash, can not only compromise a child's safety but also lead to legal consequences if it's determined that the seat did not provide adequate protection in the event of an accident.

Exemptions and Special Circumstances

New York State's occupant restraint law does not apply universally; there are specific exemptions. For example, seat belt use is not required in emergency vehicles, vehicles manufactured before 1965, or by passengers in buses (except school buses, where seat belt use may be required by the school district). Additionally, rural letter carriers are exempt from seat belt use while delivering mail.

Penalties for Not Complying with Child Seat Laws in New York

Non-compliance with New York Car Seat Laws results in the following penalties:

• A fine ranging from $25 to $100 for violations concerning child safety restraint requirements.
• In addition to the fine, a surcharge may be levied.
• The driver will also incur 3 points on their driver's license, which can have long-term implications for driving privileges and insurance premiums.

The enforcement of these laws serves a dual purpose: it penalizes non-compliance and, more importantly, it educates drivers on the importance of child safety in vehicles.

In the unfortunate event of an accident, legal representation can be crucial in navigating the complexities of the law and ensuring a fair outcome. If you or your loved ones find yourselves facing legal challenges resulting from a car accident involving child safety seats, know that you are not alone.

What to do after a car accident involving a child

1. Document everything immediately - Take photos of the child's car seat position, damage to the vehicle, and the accident scene. Get the police report number.
2. Seek medical attention - Even if your child appears uninjured, have them evaluated by a doctor. Some injuries may not be immediately apparent.
3. Preserve the car seat - Do not discard the car seat. It may be important evidence, and insurance may cover replacement costs.
4. Understand your insurance coverage - New York is a no-fault state, which means your own insurance (Personal Injury Protection or PIP) typically covers medical expenses regardless of who caused the accident.
5. Know when you have a claim - You may be able to pursue a claim against the at-fault driver if your child sustained serious injuries as defined by New York law, including significant disfigurement, bone fractures, permanent limitation of a body system, or substantial limitation for 90 days.

FAQ: Common Questions About New York Car Seat Laws

When can my child switch seats?

Your child can switch to the next type of seat when they reach specific milestones, not based solely on age:

From rear-facing to forward-facing:

• When your child reaches age 2 AND has reached the maximum manufacturer-recommended weight or height for rear-facing
• Best practice: Keep rear-facing until age 3-4 or until they max out the rear-facing limits (40-50 pounds for most convertible seats)

From forward-facing harness to booster seat:

• When your child outgrows the weight or height limit of the forward-facing seat with a harness (typically 40-65 pounds)
• Child should be at least 4 years old and mature enough to sit properly

From booster seat to seat belt:

• When the seat belt fits properly without a booster, typically when the child reaches 4 feet 9 inches tall
• Usually occurs between ages 8-12, but height is more important than age
• Child must pass the "5-Step Test" for proper seat belt fit

The safest approach is to keep your child in their current seat until they reach the upper weight or height limit, rather than rushing to the next stage.

What are the height and weight requirements for a booster seat in NY?

New York law requires booster seats for children ages 4-7 who have outgrown their forward-facing harness seats. Specific requirements include:

Minimum requirements to START using a booster:

• Age: At least 4 years old
• Weight: At least 40 pounds (varies by booster seat model)
• Height: Typically 35-40 inches minimum
• Has outgrown forward-facing harness seat (typically 40-65 pound limit)

When to STOP using a booster:

• Age: At least 8 years old OR
• Height: 4 feet 9 inches (57 inches) tall
• Seat belt fits properly without booster (passes 5-Step Test)

Weight limits for boosters:

• High-back boosters: 30-120 pounds
• Backless boosters: 40-100 pounds

Remember: Even after age 8, if your child is under 4'9" tall, continuing to use a booster seat is recommended for safety until the vehicle seat belt fits properly.

What age and weight can a child get out of a booster seat?

A child can safely transition out of a booster seat when they meet ALL of the following criteria:

Legal minimum in New York:

• Age 8 OR 4 feet 9 inches tall (whichever comes first)

Safety recommendations (more important than legal minimums):

• Height: At least 4 feet 9 inches tall
• Weight: Typically 80-100+ pounds
• Age: Between 8-12 years old (varies by child)
• Maturity: Able to sit properly for entire trip without slouching

The 5-Step Test for Proper Seat Belt Fit:

1. Back and bottom are flush against the vehicle seat
2. Knees bend comfortably at the edge of the seat
3. Lap belt sits low across the hips/upper thighs (not stomach)
4. Shoulder belt crosses the middle of chest and shoulder (not neck or face)
5. Child can maintain this position for the entire ride

Important: About 50% of all 10-year-olds still need boosters for proper seat belt fit. Don't rush the transition. Improper seat belt fit can cause serious abdominal and spinal injuries in a crash.

Do 7 year olds have to sit in a car seat?

Yes, in New York, 7-year-olds must be properly restrained in an appropriate child restraint system unless they meet specific exceptions.

Requirements for 7-year-olds:

• Must use a booster seat or appropriate child restraint system with lap and shoulder belts
• Exception: If the child is already 4 feet 9 inches (57 inches) tall, they may use a regular seat belt

Most 7-year-olds need a booster seat because:

• The average 7-year-old is approximately 48-50 inches tall (4 feet to 4'2")
• This is well below the 4'9" threshold for proper adult seat belt fit
• At this height, a regular seat belt will not position correctly across the chest and hips

Type of restraint for 7-year-olds:

• If under 40 pounds: May still use forward-facing harness seat (if within seat limits)
• If 40+ pounds: Booster seat (high-back or backless) with lap and shoulder belt

Back seat requirement: All children under 13 should ride in the back seat for maximum safety. The driver is responsible for ensuring proper restraint and can be fined $25-$100 plus 3 points on their license for violations.

Important Reminders:

• Always follow both New York State law AND your car seat manufacturer's instructions
• Register your car seat with the manufacturer to receive recall notifications
• Replace car seats after moderate or severe crashes
• Never use expired or recalled car seats
• Ensure proper installation. Consider getting your car seat inspected by a certified Child Passenger Safety Technician

For additional guidance, visit the New York DMV website or consult the National Highway Traffic Safety Administration (NHTSA) resources on child passenger safety.

Get a free case review with a NY car accident attorney

Our legal team offers free and non-obligatory consultations.

Contact Us

Talk to a New York Motor Vehicle Accident Lawyer

If your child was injured in a car accident while properly restrained in a safety seat, or if you're facing questions about liability and insurance coverage after a crash, the Porter Law Group can help.

Car accident claims involving children are inherently complex, requiring thorough investigation of the accident circumstances, proper documentation of injuries, and strategic negotiation with insurance companies who often attempt to minimize payouts. Time is not on your side. In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident, and waiting too long can mean forfeiting your right to compensation entirely. Acting quickly also ensures critical evidence is preserved, witnesses are available, and your child receives the full medical care and financial support they need for recovery.

With over two decades of experience in complex personal injury litigation, the Porter Law Group has successfully represented countless families whose children were injured in motor vehicle accidents. We understand the physical, emotional, and financial toll these accidents take on families, and we're committed to fighting for the maximum compensation you deserve. Our firm offers free consultations to evaluate your case with no obligation, and we work exclusively on a contingency fee basis, which means you pay no legal fees unless we win your case. Don't face the insurance companies alone. Contact the Porter Law Group today at 833-PORTER9 or email us at info@porterlawteam.com to discuss your child's injury claim and learn how we can help your family move forward.