Booster seat requirements in West Virginia
A car seat or booster until age 8.
Unless the child is at least 57 inches (4 ft 9 in) tall, which ends the requirement whatever their age.
- Seat belt alone from
- age 8
Every figure on this page was read at W. Va. Code § 17C-15-46 on 4 October 2026. Read the statute
What the West Virginia booster seat law says
The stages below are separate rules in the statute, not one rule in steps.
| Rule | Figure | What West Virginia requires |
|---|---|---|
| Car seat or booster | under 8 years | Until age 8, unless the child is at least 57 inches (4 ft 9 in) tall. |
| Adult seat belt alone | from 8 years | Lawful from age 8, or once the child reaches 57 inches (4 ft 9 in). |
| Penalty | no figure | No amount recorded. Condition A misdemeanor, with a fine of not less than $10 nor more than $20 on conviction. The section sets no separate figure for a first offense. If every belt in the vehicle is in use and there are more passengers than belts or devices fitted, the driver is not in violation. |
Size ends the requirement, whichever comes first. A child who is at least 57 inches (4 ft 9 in) tall is out of the booster in West Virginia 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
West Virginia sets this in W. Va. Code § 17C-15-46. Read it at the source.
This is information, not legal advice. A city or county in West Virginia 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
- W. Va. Code § 17C-15-46
- Source
- code.wvlegislature.gov
- Jurisdiction
- West Virginia (WV), 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
- Last amended by Enrolled Committee Substitute for Senate Bill 414, 2005 Regular Session