New Backseat Safety Law in North Carolina

North Carolina --  Driving on North Carolina roads comes with a responsibility to ensure the safety of all vehicle occupants, especially our most vulnerable passengers.

While you might be familiar with basic seatbelt rules, North Carolina's laws regarding backseat safety are comprehensive and continually evolving. Understanding these regulations is vital for every driver and parent to protect themselves and their loved ones.

North Carolina's occupant restraint laws are divided into two main categories: the Safety Belt Law for adults and older children, and the Child Passenger Safety Law for younger children requiring specialized restraint systems.

The Safety Belt Law: For Ages 16 and Older
This law applies to every driver and passenger aged 16 and older in North Carolina.

Who Must Buckle Up: All drivers, all front-seat passengers, and all back-seat passengers aged 16 and older are required to wear their seatbelts whenever the vehicle is in motion on a public road.

Proper Use is Key: A seatbelt must be properly fastened. This means the lap belt sits low across the hips and upper thighs, and the shoulder belt crosses the collarbone and chest, not tucked under the arm or behind the back.

Enforcement Differences:

Primary Enforcement (Drivers and Front-Seat Passengers 16+): Law enforcement can pull you over and issue a ticket solely for not wearing a seatbelt.
Secondary Enforcement (Rear-Seat Passengers 16+): An officer cannot stop a vehicle just because a back-seat passenger aged 16 or older is unbuckled. However, if the vehicle is stopped for another traffic violation, a citation can then be issued for the unbuckled rear-seat passenger.
Penalties: Fines vary, with drivers and front-seat occupants facing a penalty of $25.50 plus court costs, while rear-seat occupants aged 16 and older face a $10 penalty with no court costs. No driver's license or insurance points are assessed for these violations.
Driver's Responsibility: The driver of the vehicle is ultimately responsible for ensuring all passengers under the age of 16 are properly restrained. Passengers aged 16 and older are responsible for buckling themselves.
Limited Exemptions: Certain exemptions exist, such as for older vehicles not originally equipped with seatbelts, some medical conditions with certification, and specific types of delivery vehicles or agricultural uses.
The Child Passenger Safety Law: For Children Under Age 16
This law is designed to provide the highest level of protection for children, requiring them to be secured in age, weight, and increasingly, height-appropriate restraint systems.

Current Requirements:

Children under age 16: Must be properly secured in a safety belt or an appropriate child safety seat.
Children younger than 8 AND who weigh less than 80 pounds: Must be secured in a federally approved child restraint or booster seat.
Rear Seat Rule: If the vehicle has a rear seat and an active passenger-side front airbag, children less than 5 years old and under 40 pounds must be in the rear seat.
Booster Seat Use: Booster seats require both a lap and shoulder belt. In rare cases where only a lap belt is available in a seating position, a child weighing at least 40 pounds (and under 8 years old/80 pounds) may use just a lap belt, though this is not the safest option.
Transition to Seatbelt: Once a child reaches age 8 OR weighs 80 pounds (whichever comes first), they may use a properly fitted adult lap and shoulder belt. A "properly fitted" seatbelt means the lap belt is low on the hips, the shoulder belt crosses the chest and collarbone (not the neck or under the arm), and the child can sit with their back against the seat and knees bent at the edge without slouching.
Open Bed Prohibition: Children under 16 are generally prohibited from riding in the open bed of a pickup truck or other open cargo areas.
Penalties: Violating the Child Passenger Safety Law carries a fine of $25 plus court costs (around $120 total) and two driver's license points.

Upcoming Changes: Focusing on Height for Enhanced Safety

North Carolina lawmakers are considering House Bill 368 (and companion Senate Bill 430), which, if passed, would take effect on December 1, 2025. These proposed changes aim to strengthen child passenger safety by emphasizing a child's height as a primary factor for restraint selection, aligning with national safety recommendations.

Key proposed changes include:

Height-Based Requirement: Children less than 8 years of age AND less than 57 inches (4 feet, 9 inches) in height would be required to be secured in a height- and weight-appropriate child passenger restraint system. This updates the current "8 years old OR 80 pounds" guideline to better ensure proper fit.
Rear-Facing First and Longer: The new law would explicitly state that newborns must begin in a rear-facing child passenger restraint system. Transition to forward-facing would only occur according to the car seat manufacturer's height and weight instructions. (Best practice recommends keeping children rear-facing until at least age two, or until they reach the maximum height/weight limit of their rear-facing seat).
Reinforced Rear Seat Use: Children must generally be secured in a rear seat. Exceptions are very limited, such as in vehicles without a rear seat or when the child restraint is specifically designed for use with front airbags.
Clearer Seatbelt Fit Test: The bill provides precise criteria for when a child can safely transition to an adult seatbelt, including specific guidance on lap and shoulder belt positioning and how the child should sit in the vehicle seat.
Age 13 in the Backseat (Recommendation): While not a strict legal mandate, safety experts continue to strongly recommend that children ride in the back seat until at least age 13 due to the potential risks associated with front airbags for smaller bodies.
Need a Child Restraint System? Assistance is Available!
For families facing financial challenges, the cost of a proper child safety seat should never be a barrier to a child's safety. North Carolina has a robust network of programs and resources designed to help.

If you need assistance obtaining a child restraint system or ensuring it's installed correctly, consider these options:

Safe Kids Worldwide Coalitions / BuckleUpNC.org: North Carolina's local Safe Kids coalitions are an excellent resource. They host car seat check events where certified Child Passenger Safety (CPS) technicians can inspect your car seat for proper installation and fit, and many programs provide free or low-cost car seats to eligible families. Visit BuckleUpNC.org to find a program or permanent checking station near you.
Local Health Departments: Many county health departments offer child passenger safety programs. These often include educational classes and may provide free or reduced-cost car seats to families who meet specific income guidelines (e.g., those receiving WIC or Medicaid benefits). Contact your local health department to learn about their services.
Hospitals: Especially hospitals with maternity or pediatric departments, frequently run programs to assist new parents with car seat information and sometimes provide seats to families in need.
Fire and Police Departments: While not all departments distribute car seats, many have certified CPS technicians who can help with proper installation and direct you to local resources that do provide seats. Call your local non-emergency line to inquire.
These programs typically require families to meet eligibility criteria, often based on income, and may require attendance at a brief educational session to ensure the car seat is used and installed correctly. Always call ahead to schedule an appointment.

WNCTimes

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