Laws on Kids Sitting in the Back Seats

There are laws in place for where in the car kids are allowed to sit because air bags can be deadly for children.

Both the Department of Transportation (DOT) and the National Transportation Safety Board (NTSB) very specifically state that no child under the age of 13 or weighing less than 65 pounds should ever ride in the front seat of a vehicle equipped with passenger-side air bags.

Unfortunately not every state has set laws on where kids should be seated even though it’s a major safety concern. In fact, Alabama doesn’t even require kids over 16 to wear seatbelts, but that’s a discussion for another article. Curious if your state requires kids to sit in the back seats? Check out the state-by-state specifics (or lack of laws) below.

States with the Most Strict Laws on Where Kids Sit

There are three states with very strict laws on where kids can ride in a moving vehicle: Delaware, Illinois, and Maine. Below are the specifics for these states.

1. Delaware: Kids are not allowed to sit in the front seat until they are over 12 years old or over 66 inches tall.
2. Illinois: Kids must be over 12 years old before they are allowed to sit in the front seat.
3. Maine: Kids are not allowed to sit in the front seat until they are over 12 years old or weigh more than 100 pounds.

Since kids can be 66 inches tall and only weigh 84 pounds or less, Maine wins first place as being the strictest state in America on where kids are allowed to sit in the car.

States with the Most Lax Laws on Where Kids Sit

There are six states that have laws in place, but they are not strict enough. Here are those states and the unique details for each of their laws:

1. Colorado: Kids must be over two years old or over 20 pounds to ride in the front seat.
2. Michigan: Kids must be over four years old before they can ride in the front.
3. New Mexico: Kids can’t ride in the front if they are under one year old.
4. Vermont: Kids have to be over one year old or weigh more than 20 pounds before they can sit in the front seat – unless the front seat air bag is deactivated.
5. Virginia: Kids must sit in the back if they are in a rear-facing seat unless the air bag is deactivated.
6. Wisconsin: Kids must be four years old or weigh 40 pounds before they can sit in the front seat.

States with Average Laws on Where Kids Sit

1. California
2. Georgia
3. New Jersey
4. Rhode Island
5. South Carolina
6. Tennessee
7. Washington
8. Wyoming

The laws for California, Georgia, and New Jersey are identical: children are not allowed to sit in the front seat until they are more than eight years old or over 57 inches tall.

For Rhode Island and South Carolina, there’s no weight or height requirement and the age when kids can start sitting in the front seat is eight, but for South Carolina, the law only applies “if the back seat is available,” which creates quite the loophole.

Tennessee and Wyoming both start allowing kids to sit in the front seat once they turn nine years old, but in Tennessee, kids can also if they are over 57 inches tall. Tennessee law “recommends” that children sit in the back seat if under 12 years old, but the law doesn’t mandate it, unfortunately.

In Washington, the law states that kids can’t ride in the front seat unless they are 13 years old or older, which would make it one of the strictest states, BUT, it’s “when practical.” I am sure parents could think up many excuses for why it wasn’t practical to avoid a fine, penalty or points on their insurance.

States with No Laws on Where Kids Sit

Sadly, there are 33 states that have no laws on where kids are allowed to ride in the car. Hopefully, these states will realize it’s dangerous and start enforcing some rules to keep their youngest residents safe.

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. Connecticut
6. Florida
7. Hawaii
8. Idaho
9. Indiana
10. Iowa
11. Kansas
12. Kentucky
13. Louisiana
14. Maryland
15. Massachusetts
16. Minnesota
17. Mississippi
18. Missouri
19. Montana
20. Nebraska
21. Nevada
22. New Hampshire
23. New York
24. North Carolina
25. North Dakota
26. Ohio
27. Oklahoma
28. Oregon
29. Pennsylvania
30. South Dakota
31. Texas
32. Utah
33. West Virginia

Do you live in one of the above 33 states? If so, please remember that air bags can be extremely dangerous for kids. Make it a rule in your car that young people under 13 and weighing 65 pounds or less (at the very least) always sit in the back seats. Spread the word to your friends on the importance of this, too.

An injury-free car accident with your child in the back seat could be a deadly car accident with life-long injuries (at best) with your child in the front seat. It’s not worth the better view or a few moments of them feeling cool, we promise.

Know the Laws Where you Drive

Isn’t it surprising to learn how much laws can vary from state to state? You can drive a short distance across state lines and have your family governed by very different rules. For instance, you could drive just five miles out of New Hampshire into Maine, and in that short distance go from no laws on where your child can ride in the car to a state where no child under 12 or 100 pounds can.

It’s vital you know the laws where you live, work, and drive. And, remember that they are always changing. We hope there are far less than 33 states without this law next year. 

Sara Routhier is a Research Specialist and Staff Writer for AutoInsurance.org. In addition to obtaining a degree in Elementary Education, being a public school teacher, family nanny, and tutor, she has over four years experience in the auto insurance industry. Having lost a child herself, Sara is dedicated to spreading the word on traffic fatality causes, educating readers on dangers to avoid, and working towards preventing more unnecessary deaths in America.