Editor’s note: This article was updated in 2022 to link to a more appropriate section of the relevant statute.
In Virginia law, a child under two years old must be properly secured in the back seat in a rear-facing child restraint device until he or she reaches the manufacturer’s minimum weight limit to face forward. A child between two and seven years old must be properly secured in the back seat in a child restraint device. A child between four and seven years old may be secured by a standard seat belt with a signed written statement from a licensed physician. A child between eight and seventeen years old must be properly secured by an appropriate safety belt system.
Babies and Children Up to Two Years Old
A child under two years old must be properly secured in a child restraint device meeting United States Department of Transportation standards in the back seat when being transported in a motor vehicle manufactured after January 1, 1968 on the highways. The child restraint device must be rear facing until the child is two years old or meets the manufacturer’s minimum weight limit for the device to be forward facing. If the motor vehicle does not have a back seat, the device may be placed in the front passenger seat if the vehicle is not equipped with a passenger side airbag or the passenger side airbag has been deactivated.
Children Two to Seven Years Old
A child between two and seven years old must be properly secured in a child restraint device meeting United States Department of Transportation standards in the back seat when being transported in a motor vehicle manufactured after January 1, 1968 on the highways. If the motor vehicle does not have a back seat, the device may be placed in the front passenger seat if the vehicle is not equipped with a passenger side airbag or the passenger side airbag has been deactivated.
A child between four and seven years old may be secured by a standard seat belt instead of a child restraint device if you have on your person a signed written statement from a licensed physician which states: your child’s name; that the physician has, through accepted medical procedures, determined that the use of a child restraint system would be impractical for your child due to his or her weight, height, physical unfitness, or other medical reason; and the grounds for the determination.
Children Eight to Seventeen Years Old
A child between eight and seventeen years old must be properly secured by an appropriate safety belt system when being transported on the highways in a motor vehicle manufactured after January 1, 1968 which is equipped or required to be equipped with a safety belt system consisting of lap belts, shoulder harnesses, a combination thereof, or similar devices.
Penalties for Violations
For a first violation, you may be subject to a civil penalty of $50.00. For a second or subsequent violation occurring on a different date, you may be subject to a civil penalty up to $500.00. If the court finds that your violation was due to your financial inability to acquire a child restraint system, your civil penalty may be waived or suspended. You will not be assigned demerit points or court costs for a violation. You may be subject to an additional civil penalty of $20.00 if a licensed physician determined that the use of a child restraint system would be impractical for your child due to his or her weight, height, physical unfitness, or other medical reason and you failed to carry the signed written statement on your person.
Exemptions
Your child may be exempt if he or she is being transported by public transportation; by a bus, school bus, taxicab, executive sedan, limousine, or farm vehicle; or by a vehicle with an interior design which makes the use of a child restraint device or safety belt impractical.
Your child may be exempt if he or she is up to seven years old; is being transported in an emergency medical services agency, fire company, fire department, or law-enforcement agency vehicle by a person in the performance of official duties, under exigent circumstances; and no child restraint device is readily available.
Your child may be exempt if he or she is between eight and seventeen years old and is being transported in an emergency medical services agency, fire company, fire department, or law-enforcement agency vehicle by a person in the performance of official duties.
Your child may be exempt if you have on your person a signed written statement from a licensed physician which states: your child’s name; that the physician has, through accepted medical procedures, determined that the use of a child restraint system would be impractical for your child due to his or her weight, height, physical unfitness, or other medical reason; and the grounds for the determination.
FAQ
What are the age and height requirements for booster seats in Virginia?
Virginia law does not specify age and height requirements for children riding in booster seats. All children under eight years old have to be secured in a child safety restraint system positioned in the back seat in vehicles made after January 1, 1968. The child safety restraint system must be appropriate for the child’s height and weight and meet all U.S. Department of Transportation regulations.
What are Virginia car seat laws for front facing car seats?
Children over the age of two, or children that meet the child safety restraint system’s weight requirements, can switch from a rear-facing car seat to a forward-facing car seat.
When can my child sit in the front seat in Virginia?
Virginia law does not specify when children can ride in the front seat of a vehicle. However, according to the state’s Department of Motor Vehicles page, all children under the age of 13 should be correctly secured in the back seat of a motor vehicle.
* 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.