Virginia Enacts New Booster Seat Requirements

Kids Under 8 Must Use Booster Seats

Carol Bengle Gilbert
Virginia joined a handful of states with the most stringent booster seat laws in the nation, requiring all children riding in passenger cars to use child safety seats until the age of 8. Such seats must be Department of Transportation approved. The new law is effective July 1, 2007.

In addition, Virginia law will now forbid children from sitting in rear cargo areas of any vehicle manufactured after 1968, including pick up trucks. The law applies to any adult responsible for transporting a child, including occasional transport. The law covers babysitters, grandparents, friends and others who may not have regular responsibility for driving with the child in the vehicle.

The new provisions do not cover taxis, school buses, buses, or farm equipment, and there is an exception for children riding in the back of a pick up as part of a parade.

The penalty for violations is $50.

Anyone driving a child who is exempted from the child restraint law by virtue of a medical condition must carry a written statement certifying the exemption. Failure to provide such documentation carries a $20 fine.

All fines collected under this law go into a special fund to purchase safety seats for low income children. Families needing assistance to pay for a child safety seat should contact the Virginia Department of Health, Division of Injury and Violence Prevention at 1-800-732-8333.

Illinois, Indiana, Kentucky, Maine, New Jersey, North Carolina, Pennsylvania, Vermont, Wisconsin, and Wyoming also have laws generally requiring children up to 8 years old to use child safety seats. Some of these state laws contain exceptions based on height and weight or permit the use of seat belt adaptors as an alternative to a child safety seat.

States generally requiring use of child safety seats up to age 7 include Delaware, New York, North Dakota and Rhode Island.

Fifteen states require use of safety seats for children under 6: Alabama, Arkansas, California, Georgia, Idaho, Iowa, Louisiana, Maryland, Montana, Nebraska, New Hampshire, South Carolina, Oklahoma, Oregon, and Washington.

Residents of Arizona, Florida, Massachusetts, South Dakota, Texas and Utah are required to use child safety seats until children reach the age of 5.

States that generally require safety seats only until age 4 are Alaska, Colorado, Connecticut, Kansas, Hawaii, Michigan, Minnesota, Misissippi, New Mexico, Ohio, and West Virginia.

Published by Carol Bengle Gilbert - Featured Contributor in Travel and Lifestyle

2010 Yahoo! Outstanding Contributor of the Year, Carol has consistently been designated a Top 100 Yahoo! Contributor Network writer. She received a 2008 People's Media Award for "Best Article." Web writing...   View profile

  • Violations of the Virginia law carry a $50 fine.
  • No more riding in unrestrained in pick up trucks.
  • Funding is available to help low income families buy booster seats.

44 Comments

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  • Carol Bengle Gilbert 2/19/2010

    We had 2 different vehicles at the time and found kids ready for seat belts in one while not in the other til a few months later.

  • Carol Bengle Gilbert 2/19/2010

    As the mother of 3 tall kids, John, I have to agree with you that the rules is imperfect. Our kids were tumbling over sideways and their necks above the neck rests when they were 7 and we let them sit with regular seat belts. Not advice to you, and btw, we don't live in VA. But as a parent, I felt we had to use common sense as well as look at the tests for car seat safety. I read that if the kid's feet touch the floor when sitting back, neck is up to neck rest, and shoulder belt comes across shoulder, not neck, then kid is ready for sitting in the car with regular seatbelts.

  • John 2/18/2010

    I have twin seven year old girls. Big for their age. I have a newer vehicle with child adjustments on the rear seat safety belts; so, the shoulder harnesses can be adjusted to fit them properly. Yet, I am still bound by the eight year old rule. I am former military, plus I have common sense. I know seat belts save lives. But, I feel the adjustable shoulder belts are more than adequate for my children's safety. Any thoughts?

  • wanakno 12/1/2009

    my step daughter was recently in an accident and wasnt in her car seat..who is going to be at fault the mother in the back seat or the driver?

  • Parental Control 8/8/2008

    Looks like the state is taking more control from parents, you shouldnt need a law to be enforced to protect your children, you should have enough common sense to protect them yourself. If you don't have said common sense, you oviously shouldn't have children.

  • Darek Howard 6/12/2008

    These regulations are very important to the safety of our children, true. But are there no stipulations for children who maybe at age 7 or 8 and are exceptionally large for their age? A height or weight maximum.

  • Linda M. McCloud 10/22/2007

    I suppose if the child is really small, it is a law that is warranted.

  • Mommy2Lots 8/9/2007

    This is still a good one. I'm glad to see so many parents responded to this one. :-)

  • Lucy John 7/29/2007

    Great reporting! My oldest was in a booster seat until age 8, even though our state does not require it. I agree that the laws should be based on size rather than age.

  • Shanna Coon 7/27/2007

    We have the same thing here in Indiana, for about two years now. While I don't like the requirement being based on age, instead of something more prudent like height, I do think it's nice to know those parents who don't buckle their kids up are facing a ticket...even if it is only $25 the first time.

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