New York is a “primary enforcement” state. A law enforcement officer can issue a traffic ticket just for failure to wear a seat belt. A ticket can be issued to the driver who fails to make sure a child passenger is properly secured in a safety seat or with a seat belt. This law also applies to visitors from outside New York State.
- Note: As of November 24, 2009, this requirement applies to all children until their 8th birthday.
- An appropriate child restraint system is one that meets the child’s size and weight and the specifications of the manufacturer.
- A child restraint system may be a child safety seat, harness, vest or a booster seat.
- The vehicle’s safety belt alone is NOT a child restraint system.
- Booster seats MUST be used with a lap and a shoulder belt.
- Children 12 years and younger should ride in the back seat. The simple task of properly buckling up children in the back seat reduces the risk of being killed in a crash by 33%.
Before moving your child from a booster seat to the vehicle seat belts please make sure that your child meets all of the following requirements for a proper seat belt fit:
- Your child must be 8 years old.
- Your child should be able to sit with his or her back straight against the vehicle seat back.
- The knees bent comfortably at the seat’s edge without slouching.
- The lap belt should be low across the upper thighs or hips, not across the abdomen.
- The shoulder belt should lie across the chest and shoulder, not touching the neck or face.
- Your child should be able to ride this way for the entire trip.
- It is recommended that booster seats be used until your child is 4’9″ tall or weighs 100 lbs.

