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The Car Seat Rules

W. Va. Code § 17C-15-46 — a child safety seat under age eight, unless the child is four feet nine inches tall

A driver carrying a child under the age of eight years in a car, van or pickup secures the child in a child passenger safety system that meets federal standards.

  • W. Va. Code § 17C-15-46
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Four feet nine inches. A child under the age of eight years who is at least four feet nine inches tall may ride in a safety belt instead.

  • W. Va. Code § 17C-15-46

A violation is a misdemeanor with a fine of not less than $10 nor more than $20, and it is not by itself evidence of negligence in a lawsuit for damages.

  • W. Va. Code § 17C-15-46

A car with every belt in use and more passengers than belts is not a violation. A particular case is a question for a licensed West Virginia attorney.

  • W. Va. Code § 17C-15-46
Sources for this section (1)
  1. W. Va. Code § 17C-15-46 — Child passenger safety devices required; child safety seats and booster seats

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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