What’s The Law In All states

Booster seat requirements in Georgia

A car seat or booster until age 8.

Unless the child is taller than 57 inches (4 ft 9 in), which ends the requirement whatever their age.

Back seat until
age 8
Seat belt alone from
age 8
First offense
$50

What the Georgia booster seat law says

The stages below are separate rules in the statute, not one rule in steps. The back seat requirement and the restraint requirement are different obligations, and a child can be caught by both at once.

Rule Figure What Georgia requires
Car seat or booster under 8 years Until age 8, unless the child is taller than 57 inches (4 ft 9 in).
Back seat under 8 years Required for a child under age 8.
Adult seat belt alone from 8 years Lawful from age 8, or once the child reaches more than 57 inches (4 ft 9 in).
Penalty $50 $50 for a first offense. Condition Not more than $50 on a first conviction and not more than $100 on a second or subsequent one. § 40-8-76(b)(2) forbids a court from adding any fee or surcharge to the fine. The provision that let a court waive a first fine for a six or seven year old on proof a seat had since been bought expired on 1 January 2012 and is no longer available. The figures are statutory maximums, not fixed amounts.

Size ends the requirement, whichever comes first. A child who is taller than 57 inches (4 ft 9 in) is out of the booster in Georgia whatever their age. A child who has not reached that stays in one until age 8. The size is an escape from the age rule rather than a second thing that also has to be true.

Where this and size guidance disagree, follow the stricter one. A belt that crosses the neck rather than the middle of the chest is worse protection than a booster even where the statute allows it.

The statute

Georgia sets this in O.C.G.A. §§ 40-8-76(b), 40-8-76.1(e)(3). Read it at the source.

This is information, not legal advice. A city or county in Georgia can set a stricter rule than the state one, and an officer enforces the text of the statute rather than a summary of it. Where this page and the statute differ, the statute is right and this page is a bug.

Where this comes from

Statute
O.C.G.A. §§ 40-8-76(b), 40-8-76.1(e)(3)
Source
www.legis.ga.gov
Jurisdiction
Georgia (GA), state law only
Last reviewed
4 October 2026 0 days ago
Read at the statute
Not since it was drafted
Signed off by a person
Not yet
Amendment history
Ga. L. 2011, Act 62 (SB 88), effective 1 July 2011

Booster seat requirements in every state