Current Car Seat Requirements
Current Virginia law mandates the following:
Children under the age of 2 years must be secured in an rear-facing car seat with a five-point safety harness.
Children from ages 2 to 4 must be secured in a forward-facing car seat with a five-point safety harness.
Children from ages 4 to 7 must be secured in either a forward-facing car seat with a five-point safety harness or in a booster seat, using a combination with the vehicle’s safety belt until they reach a height of at least 4′ 9" (or 8-12 years old) .
Children under the age of 8 must be secured in a booster seat or in the vehicle safety seat’s built-in, harness system.
If the seat belt does not fit correctly due to the size of the child’s body, Virginia law allows children ages 8-12 to remain in a booster seat until they are a weight of over 80 pounds and at least 4′ 9" tall.
Older children who are at least 8 years old and less than 16 years old must be secured in a seatbelt, but can sit in the vehicle’s seatbelt system if that is the only option available to them as far as safety seat requirements are concerned.
Why You Should Obey the Car Seat Laws
The primary purpose of car seat laws across the United States, including Virginia, is to ensure the safety and protection of children while traveling in vehicles. For parents and caregivers, following these laws is about more than just legal compliance; it’s also about keeping kids safe. Car seat laws vary by state and need to be carefully reviewed to ensure you’re making the right choices for your children. Depending on your child’s age, some examples of Virginia’s car seat laws include:
Although the specifics of the law may seem a bit complicated or difficult to follow at times, adhering to the laws can be the difference between life and death. Unfortunately, statistics show that many parents break these laws frequently, jeopardizing their children’s safety while traveling in a vehicle. In addition to helping to keep children safe while traveling, adhering to Virginia’s car seat laws can also decrease the risk that parents face when negligent drivers cause children to suffer harm. For example, if you have installed car seats properly and get into an accident, it’s possible that the car seat may have saved your child’s life, thereby relieving your family of liability to a negligent driver.
Common Car Seat Mistakes
The most common mistake I see people make with car seats is not using a lower anchor or tether. These are required by law for almost all newer vehicle models. In recent years, however, one study showed that 79% of drivers were unaware of the laws surrounding the lower anchor system entirely.
Another common mistake is not using the lower anchor when they need to be. Again, a large number of people simply don’t know the law – and consequently break it frequently.
We also often see parents using the seat’s lower anchors incorrectly. While this can be both unintentional and harmless, there are also several scenarios in which parents accidentally harm their child. It’s important to always check your car seat for the label that indicates proper use.
One major mistake we often catch people making is using their car seats improperly removed from the vehicle. Britax has change guidelines – to prevent injury during an accident, the car seat should not be removed outside of the vehicle.
Selecting a Proper Car Seat
When it comes to selecting the correct car seat for your child, age, height, and weight are important factors you should consider. It is recommended all children aged 12 and under ride in the back seat of a car; however, other factors exist for front seat safety. Generally, the safest place for a child less than age 13 is the back seat, particularly if front passenger air bags are activated. If there is no back seat, or if your child is over the age of 12, the safest place for your child is in the front, wearing the seat belt appropriately and using the correct car seat for his/her age and size. Avoid putting your child in the front seat until he/she has been fitted for an adult-sized seat belt and is comfortable using the seat belt without assistance. Children are not able to properly use a seat belt until they have reached 4’9" tall and are between the ages of 8-12. When putting your infant in a rear-facing car seat, make sure that the seat is reclined at about a 45-degree angle. Often times car seat manufacturers have a line on the infant car seat that indicates at what angle to recline the seat. Alternatively, some infant car seats have built in level indicators that indicate the angle at which they should be reclined . While Virginia law only requires forward-facing car seats for children over the age of three, the American Academy of Pediatrics recommends that children be kept rear-facing until they are at least two years old. All children should remain rear-facing until they reach the top height or weight limit as specified by the car seat manufacturer. As children grow, they will eventually need to transition into a booster seat. Virginia law requires that children use a booster seat until they are age eight and over 4’9" tall. Use a booster seat until your child is at least age 12 and/or at least 4’9" tall, and use a seat belt if necessary. Virginia law requires the use of booster seats for children ages eight to 18 and less than 4’9", unless a seat belt is being used or the car seat has been deemed medically unsafe. While Virginia law does not require the use of booster seats for children over the age of 12, they are recommended until your child reaches proper height and/or weight to fit safely in a seat belt. The safest place in the car for a child may be the back seat, even after he or she turns 13. Using car seats, booster seats and other child restraints correctly can help you avoid serious injury and even fatal accidents when traveling with a child.
Penalties for Violating Virginia Car Seat Laws
Violation of the laws regarding child restraints can result in a civil penalty of fifty dollars ($50.00) for a first offense and a one hundred dollar ($100.00) civil penalty for a second or subsequent offense. The court may not impose a fine for a first offense if the violator produces in court a safety seat which meets the requirements of the law and was acquired subsequent to the violation. All fines assessed under this section shall be paid into the state treasury and allocated to the Virginia Department of Motor Vehicles for the purpose of providing education about, and enforcement of, the requirements of this section. All penalties collected after payment of costs shall be used only for the purpose of improving child safety seat practices. The fine may be suspended if the defendant shows the judge that the child restraint system met the requirements of the law at the time of the traffic stop.
Virginia Resources for Car Seats
There are a number of resources available for parents seeking assistance, advice, and information about car seat safety and usage. Hospitals often provide car seat checks when parents complete a stay for childbirth; however, families may also wish to independently seek assistance or education:
Safe Kids Virginia provides basic safety education about car seat use, fitting, and recalls. Specifically in Northern Virginia, the program is accessible through:
• Suburban Hospital – location for safely fitting seats
• Fenwick Safety Center – location for safely fitting seats
• Fairfax County Health Department – location for safely fitting seats
Child Passenger Safety Technicians (CPST) are trained professionals who can help check your car seat for proper installation and safety . A list of certified technicians and center managers can be found on the international website. The Commonwealth also provides information through a state-specific website at Safe Kids Virginia.
Lastly, most local police departments will provide car seat safety checks, and some even offer free car seat inspections and installations as part of a community outreach and service program.