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.
- 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)
- 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.