Frequently Asked Questions
What is the child passenger safety law in New York State?
- The law requires children under the age of four to be restrained in a federally approved car seat when riding in a motor vehicle [Section 1229-c(1), NYS Vehicle & Traffic Law].
- If the weight of a child under the age of 4 exceeds 40 pounds, the child may be restrained in an appropriate child restraint system, allowing the child to use a booster seat. Children ages 4, 5,and 6 must be properly secured in an appropriate child restraint system, one for which your child meets the weight and height recommendations of the child restraint manufacturer. [Section 1229-c(1), NYS Vehicle & Traffic Law] A child safety seat or harness/vest or booster seat may be used.
- The vehicle's safety belts are not defined as a child restraint system under this law, as safety belts are not designed for children under 4'9" and therefore, do not protect young children.
Are children required by law to sit in the back seat?
Although New York does not have a law preventing children from sitting in the front seat, it is highly recommended that all children age 12 and under ride properly restrained in the back seat. Researchers estimate that just by putting a child in the back seat instead of the front seat reduces the chance of injury and death by more than 30%.
Are children under the age of four required to be restrained in a car seat while riding on a school bus?
Yes. The law states that children under the age of four must be restrained in a federally approved car seat while riding on a school bus [Section 1229-c(11), NYS Vehicle & Traffic Law].
Are children required to be in a car seat when riding in a recreational vehicle?
Children under the age of four riding in campers, recreation vehicles or mobile homes are required to be in a car seat.
Can I be fined if my child passengers are not in car seats?
Yes. The driver is held responsible for properly restraining child passengers under the age of sixteen, and can be fined a minimum of $25 up to a maximum of $100. The driver will receive 3 points on their driving record as well.
[See Section 1229-c(5), NYS Vehicle & Traffic Law.]
What are the different types of car seats, and when are they used?
There are four basic types of child safety seats available: infant, convertible, forward-facing only and booster. Which one you should use depends upon the weight and height of the child. It is important to always read the child safety seat manufacturer's instructions for installation and use.
| Seat Types |
Description |
| 1. Rear-Facing Infant |
These seats are designed for infants from birth to about 27 inches and up to 20 pounds. These seats must always be used in the rear-facing position. These seats may come with or without a removable base. Use only to weight and height limits specified by the manufacturer. Use only until the infant's head is within an inch of the top of the shell. Infants should remain rear facing until they are at least 20 pounds and a year old. Infants less than a year old who weigh over 20 pounds or have reached the height limitation of an infant seat should use a rear-facing convertible seat.
Note: Never place a rear-facing infant seat in the front seat with a passenger-side air bag. Serious injuries or death may result if the air bag inflates. |
| 2. Convertible |
These seats can be used for both infants and toddlers. Most convertible seats are designed for rear-facing use with infants 5 pounds to 30-35 pounds and for forward facing use for toddlers who are over 1 year old, weighing between 20 pounds to 40 pounds. Follow manufacturer's instructions for use and installation. |
| 3. Forward Facing Only |
These seats are used for children who are at least one year old and weigh at least 20 pounds. Recommendations for use vary so it is important to check manufacturers' instructions for use. Some forward-facing child seats are also combination seats. This seat is used with a 5-point harness for children up to 40 pounds and for children, who weigh over 40 pounds, the internal harness is removed and the seat becomes a belt positioning booster seat, used with the vehicle's lap and shoulder belt. Special note: The American Academy of Pediatrics recommends that children ride in a forward-facing child safety seat with the full internal harness until they reach the manufacturer's recommendations for upper size limits. |
| 4. Booster |
These seats are used for children who have exceeded the height or weight limits of convertible and forward-facing seats and provide a transition from child restraints with internal harnesses to the vehicle lap and shoulder belt. Most children ages 4 to 8, approximately 40-80 pounds and less then 4'9" will require a belt positioning booster seat for correct lap/shoulder belt fit.
Note: Never use a booster seat with just the lap belt. |
Can a child under the age of four be restrained in a vest instead of a car seat?
No. Vests that meet the Federal Motor Vehicle Standard 213 are available, but they cannot be used instead of a car seat. The law specifies a seat. [Section 1229-c(1)(2), NYS Vehicle & Traffic Law.]
However, vests that meet FMVSS 213 may be used as an alternate to booster seats for children ages 4, 5 and 6.
What is the best car seat to purchase?
The best car seat is the one that fits your child properly, fits your vehicle correctly, and is easy to use so that you will use it correctly every time the child rides in a car. Choose a car seat that is appropriate for your child's age, size, and developmental and physical needs. The best way to ensure a proper fit in your vehicle is to try installing the child seat before purchasing.
Where can I have my car seat inspected?
You can have your child's car seat checked for correct installation by a certified Child Passenger Safety Technician at a fitting station. To find one near you, go see our list of Fitting Stations.
Where can I get information about the compatibility of car seats with various makes and models of automobiles?
Where can I get information about recalls on car seats?
You can call the National Highway Traffic Safety Administration's Auto Safety Hotline at 1-800-424-9393 or access the recall list for child safety seats from the NHTSA web site at www.nhtsa.dot.gov.
How do I contact the manufacturer of my car seat?
You will find a Customer Service number in your car seat manufacturer's instructions or you can call the National Highway Traffic Safety Administration's Auto Safety Hotline at 1-800-424-9393. You will need to give the Customer Service representative your child safety seat's model number and date of manufacturer. This information can be found on a sticker somewhere on the car seat's plastic shell.
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