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The Car Seat Rules

N.J.S.A. 39:3-76.2a — rear facing, forward facing, booster, by age and size

In New Jersey, every person operating a motor vehicle other than a school bus, equipped with safety belts or a LATCH system, secures a child in a child passenger restraint system or booster seat meeting the federal standard, in a rear seat, by the steps the section sets.

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The childWhat the section requires
The childUnder the age of two years and less than 30 poundsWhat the section requiresA rear facing restraint with a five-point harness
The childUnder the age of four years and less than 40 poundsWhat the section requiresRear facing with a five-point harness until the child outgrows it, then forward facing with a five-point harness
The childUnder the age of eight years and less than 57 inchesWhat the section requiresForward facing with a five-point harness until the child outgrows it, then a booster seat
  • If there are no rear seats, the child is secured in a front seat, but never rear facing in front of a passenger airbag that is not disabled or turned off.
  • Failure to be secured is not contributory negligence, and is not admissible as evidence in a civil trial.
Sources for this section (1)
  1. N.J.S.A. 39:3-76.2a — Child passenger restraint system or booster seat required

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

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