Cite: 31-5-1303 (a) (W.S.)


Key Points:     Child must be:

1.Under 9 years old; and

2.In the back seat unless there is no back seat, or unless all safety belts in the back seat are in use by other children.

   *Child must be properly secured in restraint and restraint must be properly installed in the vehicle. Both, as per manufacturer’s instructions.

   *Applies to all drivers, residents and nonresidents.

   *Applies to privately owned, leased or rented noncommercial passenger vehicle.

   *Restraint must conform to FMV Standard 213 for child restraint systems.     *Is a primary offense. Non-use or misuse are reasonable suspicion for stopping a vehicle to investigate a suspected violation.



   *Maximum $65.00 fine for first offense.  Fine shall be waived by the court upon receipt of proof of purchase, lease, or other acquisition of an approved restraint after the offense occurred.

   *Maximum $115.00 fine for second and subsequent offenses.



   *Child within age requirement if the lap and shoulder belt fit properly across the collarbone, chest and hips of child and does not pose danger to neck, face or abdominal area in crash or sudden stop.

   *Physician’s signed statement, carried in the car, certifying that the child should not be secured in a child restraint system.

   *Vehicles that were not equipped with safety belts at time of manufacture.  (Passenger vehicles before model year 1967/vans & trucks before model year 1972).

   *Emergency and law enforcement vehicles.

   *School buses including private or church, used to transport children as well as buses or other vehicles used for public transportation manufactured without seat belts.

   *The driver is rendering aid or assistance to the child, parent or guardian. 


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