How Long Does a Child Need a Car Seat in California?
What the law says: Vehicle Code 27360, 27360.5 and 27363
Three sections divide the job. Section 27360 covers children under 8; section 27360.5 covers ages 8 through 15; section 27363 lists the exceptions. The duty is placed on "a parent, legal guardian, or driver," and the restraint must meet federal motor vehicle safety standards and be used within the seat maker's height and weight limits.
| Child | What the law requires |
|---|---|
| Under 2 | Rear-facing restraint, unless the child weighs 40 pounds or more or is 40 inches or taller |
| Under 8 | Secured in a rear seat in an appropriate child passenger restraint system |
| Under 8 and at least 4 ft 9 in | May use a properly worn safety belt instead of a restraint (section 27363) |
| 8 through 15 | An appropriate child restraint or a safety belt (section 27360.5) |
When a child under 8 may ride in front
Section 27363 allows a child under 8, properly secured in an appropriate restraint, in the front seat only when there is no rear seat; the rear seats are side-facing jump seats or rear-facing seats; the restraint cannot be installed properly in the back; all rear seats are already occupied by children 7 or under; or medical reasons require it. Even then, a rear-facing seat may never go in front of an active frontal passenger airbag.
The section also lets a court exempt a child whose physical unfitness, medical condition or size makes a standard restraint impractical, allows transport with a seat belt in a life-threatening emergency when no restraint is available, and allows a child over 40 pounds to use a lap-only belt in the back if no lap-and-shoulder belt exists there.
What changes on January 1, 2027
Assembly Bill 435 adds a definition to the belt options. In the 2027 versions of sections 27360.5 and 27363, a child is "properly restrained by a safety belt" only if they pass the five-step test: back against the seat, knees bending at the seat edge, shoulder belt across the center of the chest and shoulder rather than the neck, lap belt low and touching the thighs, and able to stay that way for the whole trip. A child who slouches to bend their knees is not passing step one.
What it means in practice
The driver is responsible when the parent is not along. Both sections say they do not apply to a driver if the child's parent or legal guardian is a passenger in the vehicle; otherwise, the grandparent, babysitter or carpool parent at the wheel carries the duty.
This ticket goes on the driving record. Section 12810(h) values a conviction under 27360 or 27360.5 at one point, the same weight as most moving violations, and a point is something insurers see. Whether a policy pays to replace a child seat that was in a crash varies by insurance company, so ask before you assume.
What to do
- Check the label on the seat you own for its height and weight limits, and move up only when the child outgrows it.
- Keep children under 8 in the back unless one of the listed exceptions truly applies.
- Before a child moves to the belt alone, measure for 4 feet 9 inches and run the five-step test.
- If someone else drives your child, make sure they have a correct seat installed in their own car; the duty is theirs on that trip.
- After a crash, ask the insurer about the seat before throwing it away or reusing it.
If you are adding a child or a carpool to your routine, you can review your coverage here.
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Can my 7-year-old sit in the front seat in California?
Only under the exceptions in section 27363, such as no rear seat or all rear seats already taken by children 7 and under, and never rear-facing in front of an active airbag. Otherwise a child under 8 rides in the back.
When can a child stop using a booster seat in California?
A child under 8 may use the belt alone at 4 feet 9 inches or taller. From 2027 the belt must also fit by the five-step test, which is the practical sign a booster is no longer needed.
Does a car seat ticket add a point to my driving record?
Yes. Section 12810(h) values a conviction under section 27360 or 27360.5 at one point on the driver's record.
Who gets the ticket if grandma is driving?
The driver, unless the child's parent or legal guardian is also riding in the vehicle. In that case the sections say they do not apply to the driver.