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The Car Seat Rules

21 Del. C. § 4803 — rear facing under 2, a harness under 4, and no front seat under 12 with an airbag

The driver is responsible for securing a child under the age of 16 in every seating position, by the manufacturer's instructions, in a child safety seat or booster seat suited to the child's age, weight and height, or a properly secured seatbelt.

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  • A child under 2 years and under 30 pounds rides in a rear facing restraint with a 5 point harness.
  • A child under 4 and under 40 pounds rides in a restraint with a 5 point harness, rear or forward facing, until the restraint's height or weight limit.
  • A child under 12 years of age and 5 feet 5 inches or shorter does not ride in a front seat with an active passenger airbag, unless there is no rear seat or the rear seats are full of other children.

A second or later violation is a fine of $25, and several children unsecured at once count as one. A violation is not evidence of negligence in a lawsuit over a crash.

A particular situation is a question for a licensed Delaware attorney.

Sources for this section (1)
  1. 21 Del. C. § 4803 — Child restraint in motor vehicles

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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