Virginia has sparsely populated towns in and around the Appalachian Mountains. It also has densely populated urban areas, including NoVA and Richmond. Virginia has a highly specific car seat law meant to protect child passengers during motor vehicle accidents in all these environments.
Overview of Virginia Car Seat Laws
Some states have broad car seat laws that simply specify the age range for child restraints. Virginia, by contrast, has very specific requirements. All adult drivers must comply with this law when they transport children.
Importantly, Virginia car seat laws can be enforced as a primary violation. Thus, a police officer can stop a driver solely for a car seat violation.
Virginia Car Seat Requirements by Age and Size
Virginia’s car seat statute specifies the restraint system required at each stage of a child’s growth as follows:
Rear-Facing Requirements
A child must ride in a rear-facing car seat until the first of the following occurs:
- The child reaches two years old
- The child reaches the minimum weight limit for a forward-facing car seat
Thus, if your child is large for their size, they may graduate to a forward-facing car seat before their second birthday.
Forward Facing Requirements
Children must remain in forward-facing car seats or a booster seat until their eighth birthday. However, Virginia does not specify when a child can graduate from a forward-facing seat to a booster seat.
Instead, the parents are allowed to transition the child according to the manufacturer’s instructions and their reasonable judgment. Best practices suggest that you use a forward-facing car seat from the time your child outgrows their rear-facing car seat until they outgrow the forward-facing car seat.
Booster Seat Requirements
Once your child outgrows the forward-facing car seat, Virginia car seat laws require that they use a booster seat until they turn eight years old.
When Can a Child Sit in the Front Seat in Virginia?
Virginia specifies that any child restraint device should be placed in the rear seat. This implies that any child under eight must sit in the rear seat. The state allows children under eight to sit in the front seat if the vehicle lacks a passenger-side airbag or it has been deactivated. This requirement reduces the risk of airbag injuries.
Penalties for Violating Car Seat Laws in Virginia
Courts can issue a civil penalty of $50 for a first violation and up to $500 for a repeat violation of the child restraint law.
Exceptions or Special Cases in Virginia
Virginia’s law does not apply to taxis, limos or school buses. It does not apply to fire trucks, police cars or ambulances if there is no child restraint available to them.
Need Legal Help With a Car Seat Violation?
ConsumerShield educates people about their legal situations when facing car seat violations. Contact us for a free case evaluation and a law firm referral.
Other virginia Topics
Frequently Asked Questions
-
Virginia car seat laws specifically block negligent drivers from using a parent’s failure to use a car seat to raise a comparative negligence defense.
-
Virginia law does not exempt tall children from booster seat requirements. Thus, your child must use a booster until their eighth birthday, regardless of their height.
