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The Car Seat Rules

G.S. 20-137.1 — under eight and under 80 pounds, and two license points

In North Carolina, every driver transporting passengers under 16 years of age has them all properly secured in a child passenger restraint system or seat belt meeting the federal standards in force when it was made.

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The childWhat the section requires
The childLess than eight years of age and less than 80 poundsWhat the section requiresA weight appropriate child passenger restraint system
The childLess than five years of age and less than 40 pounds, with an active passenger air bag and a rear seatWhat the section requiresThe rear seat, unless the restraint is designed for use with air bags
The childLess than eight and between 40 and 80 pounds, with no lap and shoulder belt position availableWhat the section requiresA properly fitted lap belt only
The childUnder 16What the section requiresA restraint system or seat belt
  • The penalty may not exceed twenty-five dollars, even when more than one child was not secured.
  • A driver charged over a child under eight is not convicted if, at trial, they prove they have since acquired an approved restraint for the vehicle the child normally rides in.
  • Two drivers license points are assessed, and no insurance points.
  • A violation is not negligence per se, and is not evidence of negligence or contributory negligence.
  • The section does not apply to emergency vehicles, when every belted seating position is occupied, or to vehicles federal law does not require to have seat belts.
Sources for this section (1)
  1. G.S. 20-137.1 — Child restraint systems required

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

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