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Car Seat Law

Delaware's child restraint law reads:  "All children must be properly restrained in a federally approved child safety seat appropriate for the child's age, weight and height up to 8 years of age or 65 lbs whichever comes first."

Additionally, children 8 through 15 years old are required to be properly secured in a seatbelt. Children under 12 years old or 65 inches in height are still required to sit in the back seat if there are active airbags in the front passenger seating position.

The fine for violating the law is $25.00 plus court costs.

Free Car Seat Checks Open to the Public

Contact the Office of Highway Safety to make an appointment at one of our fitting stations. Download the child passenger safety brochure to see which seat is appropriate for your child.

What is the Right Seat for My Child?

As research and technology in child passenger safety evolves, the answer is frequently changing. In short, the 'best' car seat is the one that fits your child, fits your vehicle and one you will use correctly every time your child is in the car.

Car Seat Recommendations: Choosing the Right Seat

In short:

  • Under the age of 1 – Children must always ride rear facing. Rear facing is not just for babies! The American Academy of Pediatrics (AAP) has long recommended that―infants ride in rear-facing car seats, and in 2018 the AAP updated that recommendation to encourage rear facing for as long as possible, until a child reaches the highest weight or height allowed by the manufacturer. Most convertible car safety seats have limits that will permit children to ride rear-facing past the second birthday.
  • Ages 1 through 3 – Keep your children rear facing for as long as possible in either an infant or rear facing convertible seat. They should remain rear facing until the height and weight limit for rear facing mode on the convertible car seat has been reached. This may result in many children riding rear-facing to age 2 or older
  • Ages 4 through 7 – Keep children in a forward facing seat with a harness to the maximum height and weight limit allowed by the seat. Then transition them to a booster seat.
  • Ages 8 through 12 – Keep children in a booster seat until they reach the upper height or weight limit of the booster sea or until they are big enough to fit the criteria for fitting appropriately in a seat belt. The shoulder belt should lie across the shoulder and chest, not cross the neck or face, and the lap belt must lie across the upper thighs not the stomach.

For more information, view the American Academy of Pediatrics recommendations.


  • Children should ride rear facing until they reach the upper height & weight limit of their rear facing mode of their convertible car seat
  • Do not rush to transition your children to the next step
  • 4 out of 5 child safety seats in Delaware are not installed correctly

Need Help Interpreting the Guidelines?

Call one of the CPS Fitting Station Coordinators.