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Seat Belts and Car Seats

Section 66-7-369 — everyone under 18 properly restrained, by age and weight

Each occupant of a vehicle of ten thousand pounds or less that was made with safety belts wears one properly fastened whenever the vehicle is moving on a street or highway, unless they hold a physician's written statement that they cannot for medical reasons.

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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

ChildHow they ride
ChildUnder one yearHow they rideA rear facing child restraint device, in the rear seat if the vehicle has one
ChildOne through four years, or under forty poundsHow they rideA child passenger restraint device
ChildFive through six years, or under sixty poundsHow they rideA booster seat or a child passenger restraint device
ChildSeven through twelve yearsHow they rideA child passenger restraint device or a seat belt

No one drives a passenger car, van or pickup unless every passenger under eighteen is properly restrained. Not being secured as the section requires is never fault or negligence and does not limit damages.

Sources for this section (2)
  1. NMSA 1978, § 66-7-372 — Safety belt use required; exception
  2. NMSA 1978, § 66-7-369 — Child passenger restraint; enforcement

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

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