California car seat law says children under 2 must ride rear-facing, unless they already weigh 40 pounds or stand 40 inches tall. Children under 8 must ride in a car seat or booster in the back seat. A child can move to a regular seat belt at age 8, or earlier once they reach 4 feet 9 inches.
Those are the rules as of October 2026. One change is coming, though. Starting January 1, 2027, children 8 to 15 riding in a seat belt must also pass a five-step fit test, or stay in a booster. The details are below, with links to the official text.
The rules by age and size
The core requirements sit in California Vehicle Code section 27360 for children under 8. Section 27360.5 covers children from 8 up to their 16th birthday. The table sums them up.
| Child | What the law requires | Where in the car |
|---|---|---|
| Under 2 | Rear-facing car seat, unless the child is 40 lb or more, or 40 inches or taller | Back seat |
| 2 to 7 | Car seat or booster that fits the child, used within the maker’s height and weight limits | Back seat, with narrow exceptions |
| Under 8 but 4’9″ or taller | Seat belt allowed instead of a booster, if it fits properly | Back seat still required under 8 |
| 8 to 15 | Booster or seat belt; from Jan. 1, 2027 the belt must pass the five-step test | Any seat allowed by law; back seat advised under 13 |
| 16 and older | Seat belt under the general seat belt law | Any seat |
Two details trip parents up. First, the rear-facing rule ends at age 2 or at 40 pounds or 40 inches, whichever comes first. Second, the 4’9″ rule is an “or,” not an “and.” So a tall 7-year-old may legally use a belt, but a small 9-year-old may use one too.
Rear-facing until 2, and the exceptions
The rear-facing rule took effect on January 1, 2017. It applies to every child under 2 unless the child is at least 40 pounds or 40 inches tall. In practice, few toddlers hit those numbers before their second birthday, so most babies stay rear-facing to at least age 2.
The law also says the seat must be used within the manufacturer’s limits. That means checking the label on the side of the seat. If your convertible seat allows rear-facing up to 40 or 50 pounds, the law lets you keep using it that way, and safety experts recommend it.
Because a rear-facing seat needs room behind the front seat, some small cars make this hard. Even so, a rear-facing seat may never go in front of an active frontal airbag. That rule appears in section 27363.
Car seat or booster in the back seat until 8
After the rear-facing stage, children under 8 must ride in a car seat or booster in a rear seat. The law does not name a specific type. Instead, it requires a restraint that meets federal safety standards and fits the child.
Front seat riding under 8 is allowed only in limited cases, listed in section 27363:
- the vehicle has no rear seat, such as a two-seat pickup;
- the rear seats are side-facing jump seats or face backward;
- the car seat cannot be installed properly in the back;
- all rear seats are already taken by children 7 or younger;
- a medical reason requires it, and a court may ask for proof.
Even in these cases, the child still needs a proper car seat or booster. Also, a court can exempt a child whose medical condition or size makes a restraint impractical. In a life-threatening emergency, or in an emergency vehicle, a seat belt may be used if no car seat is available.
When a child can use a seat belt
A child may switch to a regular seat belt at age 8. A child under 8 may switch earlier once they reach 4 feet 9 inches. Either way, the belt has to fit. Today the law describes a proper fit simply: the lap belt crosses the hips or upper thighs, and the shoulder belt crosses the chest.
That changes on January 1, 2027. Assembly Bill 435, signed in October 2025, replaces that wording with the five-step test. A child counts as properly restrained only if all five are true:
- The child sits with their back all the way against the seat.
- The knees bend naturally at the edge of the seat.
- The shoulder belt crosses the middle of the chest and shoulder, not the neck or arm.
- The lap belt sits low, touching the thighs, not the stomach.
- The child can stay seated like this for the whole trip.
If any answer is no, the child needs a booster, even at 10 or 12. For many families this means keeping a booster in the car longer than they planned. The final law did not add a front seat ban for older children, despite early drafts that proposed one.
Taxis, rideshare and other drivers
The car seat rules apply to the driver of the vehicle. However, if a parent or legal guardian is riding along, the duty falls on that parent instead of the driver. That covers most rideshare and taxi trips with a child.
The child seat sections, 27360 to 27363, contain no exemption for taxis or rideshare cars. Rideshare and taxi drivers in Los Angeles generally do not carry child seats, so plan to bring your own. A driver may also decline the trip if a small child has no seat. For airport runs, a lightweight convertible seat or a compact booster is the usual answer.
Grandparents, babysitters and carpool drivers are covered too. When no parent is in the car, the driver is the one who gets the ticket. So it pays to check the seat setup before someone else drives your child.
What “properly secured” means in practice
The law asks for a seat that meets federal standards, used the way its maker intends. In practice, that comes down to a short checklist:
- The seat is installed tightly and moves less than an inch side to side at the belt path.
- The harness is snug, and the chest clip sits at armpit level.
- The seat is not expired; most seats carry a date on a sticker or in the plastic.
- The child is within the seat’s posted height and weight limits.
- The seat has no open recall; NHTSA lists recalls by model.
A seat that is installed loosely or used outside its limits may not meet the “properly secured” standard. That said, officers usually focus on children with no seat, or in a clearly wrong one.
Fines and penalties
A violation is an infraction. The base fine under section 27360.6 is $100 for a first offense and $250 for a second or later one. A court may reduce or waive the fine for a low-income driver who completes a community education program on car seats.
The base fine is only part of the bill, because California adds penalty assessments and court fees. Once those are added, a first ticket usually costs somewhere around $450 to $500. A repeat ticket can pass $1,000. The exact total depends on the county, so check the amount printed on your notice or on the court’s website.
Free car seat checks in Los Angeles
Every California Highway Patrol area office does free car seat checks, usually by appointment. You can find your nearest CHP office and call ahead to book a time. A certified technician checks the installation and shows you how to fix it yourself.
Los Angeles County Public Health also runs a child passenger safety team. It can refer you to inspections, check for recalls and connect families with free or low-cost car seat programs. When you reach out, have the child’s age and weight and the seat’s make and model ready. For more local guides on rules and services, see our Los Angeles and California hub.
NHTSA advice versus the legal minimum
The state law sets a floor, not a target. The National Highway Traffic Safety Administration recommends going further at each stage:
- Keep a child rear-facing until they reach the top height or weight limit of the seat, which is often well past age 2.
- Then use a forward-facing seat with a harness until the child outgrows it.
- Use a booster until the adult belt fits, whatever the child’s age.
- Keep children in the back seat at least through age 12.
The California Office of Traffic Safety gives the same advice. It recommends a booster until 4’9″ and the back seat for children 13 and under. In short, a child can be legal and still not be as safe as possible. The five-step test is a quick way to tell the difference.
This article is general information, not legal advice.
Frequently asked questions
What is the California law about booster seats?
Children under 8 must ride in a car seat or booster in the back seat. A child under 8 who is 4’9″ or taller may use a seat belt instead. From January 1, 2027, children 8 to 15 must pass the five-step test to skip the booster.
At what age can a child sit in the front seat in California?
The law requires the back seat until age 8, with a few exceptions. After 8, the front seat is legal, but safety agencies advise the back seat through age 12.
How much is a car seat ticket in California?
The base fine is $100 for a first offense and $250 after that. With penalty assessments, a first ticket often totals around $450 to $500, depending on the county.
Do you need a car seat in an Uber or taxi in California?
Yes. The law has no taxi or rideshare exemption for car seats, and drivers rarely provide one. Bring your own seat or booster.
Where can I get a free car seat inspection in Los Angeles?
Call your local CHP area office for an appointment. LA County Public Health can also refer you to certified technicians and free check-up events.
Have a question about this topic? Ask in the comments below. Our editors read every comment and answer questions here, and we add useful answers to the guide.
Sources
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/billNavClient.xhtml
- ots.ca.gov/child-passenger-safety
- chp.ca.gov/find-an-office
- admin.publichealth.lacounty.gov/ipp/child-passenger-safety/cps-contact-us.htm
- nhtsa.gov/vehicle-safety/car-seats-and-booster-seats
- nhtsa.gov/sites/nhtsa.gov/files/documents/carseat-recommendations-…
- codes.findlaw.com/ca/vehicle-code/veh-sect-27360
- california.public.law/codes/vehicle_code_section_27363
- laist.com/news/politics/children-booster-seat-new-california-law