Booster seat requirements in North Carolina
A car seat or booster until age 8.
Unless the child weighs at least 80 lb.
Condition The third sentence of (a1) adds a relaxation that depends on the vehicle, not the child: "If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only." It changes what counts as compliance in an older car, not the age or the weight at which the stage ends, so it is a note and not a threshold.
- Back seat until
- age 5 conditions
- Seat belt alone from
- age 8
- First offense
- $25
Every figure on this page was read at N.C. Gen. Stat. § 20-137.1 on 4 October 2026. Read the statute
What the North Carolina 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 North Carolina requires |
|---|---|---|
| Car seat or booster | under 8 years | Until age 8, unless the child weighs at least 80 lb. Condition The third sentence of (a1) adds a relaxation that depends on the vehicle, not the child: "If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only." It changes what counts as compliance in an older car, not the age or the weight at which the stage ends, so it is a note and not a threshold. |
| Back seat | under 5 years | Required for a child under age 5. Condition Under five AND under 40 pounds, and only in a vehicle that has a rear seat and an active passenger side front airbag, unless the restraint system is designed for use with airbags. |
| Adult seat belt alone | from 8 years | Lawful from age 8, or once the child reaches 80 lb. |
| Penalty | $25 | $25 for a first offense. Condition Up to $25 under (c), charged once however many children were unrestrained, and two drivers license points under (d)(1). No insurance points. A driver charged over a child under eight is not convicted if they produce proof at trial of having since bought an approved restraint. |
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
North Carolina sets this in N.C. Gen. Stat. § 20-137.1. Read it at the source.
This is information, not legal advice. A city or county in North Carolina 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
- N.C. Gen. Stat. § 20-137.1
- Source
- www.ncleg.gov
- Jurisdiction
- North Carolina (NC), 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
- S.L. 2007-6, s. 1