Booster seat requirements in New Mexico
A car seat or booster until age 7.
New Mexico sets no height or weight that ends the requirement on age alone.
Condition No height threshold exists in this section. The weight figures widen it rather than end it: under 40 pounds at any age still needs a restraint device, and under 60 pounds at any age still needs a booster or restraint device.
- Rear facing until
- 12 months
- Back seat until
- age 1 conditions
- Seat belt alone from
- age 7
- First offense
- $25
Every figure on this page was read at NMSA 1978 § 66-7-369 on 4 October 2026. Read the statute
What the New Mexico 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 New Mexico requires |
|---|---|---|
| Rear facing | under 12 months | Until 12 months (1 year). |
| Car seat or booster | under 7 years | Until age 7. Condition No height threshold exists in this section. The weight figures widen it rather than end it: under 40 pounds at any age still needs a restraint device, and under 60 pounds at any age still needs a booster or restraint device. |
| Back seat | under 1 year | Required for a child under age 1. Condition Applies to the under one rear facing stage only, and only where the vehicle has a rear seat. Later stages carry no seating position rule. |
| Adult seat belt alone | from 7 years | Lawful from age 7. |
| Penalty | $25 | $25 for a first offense. Condition A penalty assessment of $25. The schedule in NMSA 1978 § 66-8-116 lists it as "child not in restraint device or seat belt" against § 66-7-369. |
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
New Mexico sets this in NMSA 1978 § 66-7-369. Read it at the source.
This is information, not legal advice. A city or county in New Mexico 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
- NMSA 1978 § 66-7-369
- Source
- www.nmlegis.gov
- Jurisdiction
- New Mexico (NM), state law only
- Last reviewed
- 4 October 2026 0 days ago
- Read at the statute
- 4 October 2026
- Signed off by a person
- Not yet
- Amendment history
- Laws 2005 (SB 586), amending Laws 1983, ch. 252, § 2