Editor’s note: This article was updated in 2022 to link to a more appropriate section of the relevant statute.
In New Mexico law, a child under eighteen years of age must be properly secured in a child passenger restraint device or by a safety belt when being transported in a passenger car, van, or pickup truck. The purpose of New Mexico’s Safety Belt Use Act is to reduce the likelihood of injury or death to young children being transported in certain vehicles.
Babies and Children Up to One Year Old
A child under one year old must be properly secured in a rear-facing child passenger restraint device meeting federal standards in the rear seat of a motor vehicle. A child under one year old may only be secured in the front seat if the motor vehicle is not equipped with a rear seat and if the passenger-side air bag is deactivated or if the motor vehicle is not equipped with a deactivation switch for the passenger-side air bag.
Children One to Four Years Old or Under Forty Pounds
A child between the ages of one and four years old or weighing less than forty pounds must be properly secured in a child passenger restraint device meeting federal standards.
Children Five to Six Years Old or Under Sixty Pounds
A child between the ages of five and six years old or weighing less than sixty pounds must be properly secured in an appropriate child passenger restraint system meeting federal standards or in a child booster seat.
Children Seven to Twelve Years Old
A child between the ages of seven and twelve years old must be properly secured in a child passenger restraint device or by a safety belt. A child is properly secured in a safety belt if the lap belt fits properly across his or her hips and thighs and not his or her abdomen, if the shoulder strap crosses the center of his or her chest and not his or her neck, and if the child is able to sit all the way back against the seat of the motor vehicle with his or her knees bent over the edge of the seat.
Children Thirteen to Seventeen Years Old
A child between the ages of thirteen and seventeen years old must be properly secured by a safety belt. A child is properly secured in a safety belt if the lap belt fits properly across his or her hips and thighs and not his or her abdomen, if the shoulder strap crosses the center of his or her chest and not his or her neck, and if the child is able to sit all the way back against the seat of the motor vehicle with his or her knees bent over the edge of the seat.
Penalties for Violations
If you violate New Mexico’s Safety Belt Use Act, you may be fined $25.00 and receive two points on your driver’s license for a first offense. You may receive a larger fine and more points on your driver’s license for subsequent offenses, which could increase your insurance premiums or result in your driver’s license being suspended or revoked.
Enforcement of New Mexico’s Safety Belt Use Act
You may be charged with a violation of New Mexico’s Safety Belt Use Act whether or not you are charged with the violation of any other statute.
Exemptions
Your child may be exempt from New Mexico’s Safety Belt Use Act if all seating positions equipped with safety belts in the motor vehicle are occupied.
Your child may be exempt from New Mexico’s Safety Belt Use Act if he or she is being transported in an authorized emergency vehicle, on public transportation, or on a school bus.
FAQ
What is New Mexico’s booster seat law?
New Mexico car seat laws state that children between ages one and four or weigh less than forty pounds (regardless of age) must ride in an appropriate child passenger restraint system. Children between five and six or weigh less than sixty pounds (regardless of age) must ride in a booster seat or another child restraint system. All child passenger restraint systems must meet federal standards.
What are New Mexico car seat requirements for rear facing car seats?
New Mexico car seat law states that children under one year old must be secured in a rear-facing car seat that meets federal requirements. The New Mexico Motor Vehicle Division’s website recommends securing children in a rear-facing car seat until they outgrow the height and weight requirements of the seat.
What is New Mexico child front seat law?
The New Mexico Child Restraint Act does not specify when children can ride in the front seat of a vehicle. The State of Mexico Human Services Department recommends children under the age of thirteen to ride in the back seat.
* Ms. Blake is licensed in the state of Maryland. The information provided in this article does not constitute legal advice and does not create an attorney-client relationship.
