Seatbelts and Child Seats
MCA 61-13-104 — a $20 fine, no stop for a belt alone, and car seats by age up to 9
A driver may not operate a motor vehicle on a highway unless every occupant of a designated seating position wears a properly adjusted and fastened seatbelt, or is in a child safety restraint where that rule applies.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
- Officers may not stop a driver for the seatbelt rule alone, without reasonable cause to believe of another violation or an unsafe vehicle.
- The fine is $20, the violation is not a misdemeanor, and it is not recorded against the driving record.
- An insurer may not raise premiums because of it.
| Child | Restraint |
|---|---|
| ChildUnder 2 | RestraintA rear-facing child safety restraint |
| Child2 and up to 4 | RestraintA rear or forward-facing restraint with an internal harness |
| Child4 and up to 8 | RestraintA forward-facing restraint with a harness, or a booster seat with a lap-shoulder belt |
| ChildAt least 9, or outgrown the booster | RestraintThe vehicle's adult safety belt |
A child restraint violation is a fine of not more than $100, waived the first time if proof of getting the right restraint reaches the officer's office within 7 days.
Sources for this section (4)
- MCA 61-13-103 — Seatbelt use required -- exceptions
- MCA 61-13-104 — Penalty -- no record permitted
- MCA 61-9-420 — Child safety restraint systems -- standards -- exemptions
- MCA 61-9-423 — Penalty
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.