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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

Booster seat requirements in every state