Car seat and seat belt laws for children vary from state to state and often require children to be in a child safety seat or booster seat until they are a certain age or size. In most states law enforcement officers will issue a ticket or citation to the operator of a motor vehicle in which a child is not properly restrained in a child safety seat, booster seat, or seat belt, as required by state law.
Laws regarding child safety restraints required in motor vehicles are usually located in a state’s statutes. And the United States Centers for Disease Control and Prevention (CDC) makes the following recommendations:
Make sure children are properly buckled in a car seat, booster seat, or seat belt—whichever is appropriate for their weight, height, and age.
• Use a rear-facing car seat from birth until ages 2–4.
o For the best possible protection, infants and toddlers should be buckled in a rear-facing car seat, in the back seat, until they reach the maximum weight and height limits of their car seat.
o Check the car seat manual and labels on the car seat for weight and height limits.
• After outgrowing the rear-facing car seat, use a forward-facing car seat until at least age 5.
o When children outgrow their rear-facing car seats, they should be buckled in a forward-facing car seat, in the back seat, until they reach the upper weight or height limit of their car seat.
o Check the car seat manual and labels on the car seat for weight and height limits.
• After outgrowing the forward-facing car seat, use a booster seat until seat belts fit properly.
o Once children outgrow their forward-facing car seat, they should be buckled in a belt-positioning booster seat, in the back seat, until seat belts fit properly. Seat belts fit properly when the lap belt lays across the upper thighs (not the stomach) and the shoulder belt lays across the chest (not the neck).
• Once seat belts fit properly without a booster seat, use a seat belt on every trip.
o Children no longer need to use a booster seat once seat belts fit them properly. Seat belts fit properly when the lap belt lays across the upper thighs (not the stomach) and the shoulder belt lays across the chest (not the neck).
o Proper seat belt fit usually occurs when children are about 4 feet 9 inches tall and aged 9–12 years. Seat belt fit can vary by vehicle so check fit in all vehicles. For the best possible protection, keep children properly buckled in the back seat.
Install and use car seats and booster seats according to the car seat manual. You can get help installing them from a certified child passenger safety technician.
Buckle all children aged 12 and under in the back seat.
• Buckle children in the middle seating position of the back seat when possible (using a lap and shoulder belt), as it is the safest position in the vehicle.
• Airbags can kill young children riding in the front seat. Never place a rear-facing car seat in front of an airbag.
• Buckle children in car seats, booster seats, or seat belts on every trip, no matter how short the trip.
• Set a good example and help protect everyone in the car by always using your seat belt.
In Montana, car seat and seat belt laws for children are designed to ensure the safety of young passengers. According to Montana Code Annotated 61-9-420, children under 6 years of age and weighing less than 60 pounds must be properly restrained in a child safety seat or booster seat that meets federal motor vehicle safety standards. Children aged 6 through 14, regardless of weight, must wear a seatbelt or be secured in an appropriate child restraint system. The law also states that the child safety seat must be used and installed according to the manufacturer's instructions. Failure to comply with these laws can result in a fine and a citation for the driver. It is important to note that while Montana law provides minimum requirements, the CDC recommends keeping children in rear-facing car seats until age 2–4, forward-facing car seats until at least age 5, and booster seats until the seat belt fits properly, typically when a child reaches 4 feet 9 inches in height and is aged 9–12 years. Additionally, the CDC advises that children aged 12 and under should ride in the back seat for optimal protection.
