Editor’s note: This article was updated in 2022 to link to a more appropriate section of the relevant statute.
In Montana law, a child under six years old and weighing less than sixty pounds must be properly restrained in a child safety restraint appropriate for the child’s height and weight according to manufacturer’s standards and the motor vehicle must be equipped with one child safety restraint for each child. A child between the ages of six and seventeen years old or weighing sixty pounds or more must wear a properly adjusted and fastened seatbelt when occupying a designated seating position in a motor vehicle on a Montana highway.
Babies and Children Up to Six Years Old and Less Than Sixty Pounds
A child under six years old and weighing less than sixty pounds who is a passenger in a motor vehicle must be properly restrained in a child safety restraint appropriate for the child’s height and weight according to manufacturer’s standards and the motor vehicle must be equipped with one child safety restraint for each child. Proper restraint is defined as a child safety restraint system fastened according to the manufacturer’s instructions so that it acts as a body restraint and is not defined as the use of a safety belt only. The child safety restraint system must comply with applicable state and federal standards.
Children Six to Seventeen Years Old or Sixty Pounds or More
A child between the ages of six and seventeen years old or weighing sixty pounds or more must wear a properly adjusted and fastened seatbelt when occupying a designated seating position in a motor vehicle on a Montana highway.
Penalties for Violations
You may be fined up to $100.00 for a violation of Montana’s child safety restraint system law. Your fine may be waived if you present proof that you have acquired an appropriate child safety restraint to the charging officer within seven days of the offense and you have not previously had a violation dismissed.
Law Enforcement May Stop Your Vehicle for a Suspected Violation of the Child Safety Restraint System Law but Not for a Suspected Violation of the Seatbelt Law
You may be stopped by law enforcement for a violation of Montana’s child safety restraint system law if a person in the vehicle who is under six years old and weighs less than sixty pounds is not properly restrained. You may not be stopped by law enforcement for a violation of Montana’s seatbelt law unless there is reasonable cause to believe that you have violated another traffic regulation or that your motor vehicle is unsafe or not equipped as required by law.
Exemptions
Your child may be exempt from Montana’s child safety restraint system law if he or she cannot be placed in a child safety restraint because of his or her body size or a physical or medical condition.
Your child may be exempt from Montana’s child safety restraint system law if he or she is being transported in a motorbus, school bus, or taxicab; on a moped, quadricycle, or motorcycle; in a motor vehicle which is not required to be equipped with safety belts under 49 CFR 571 as of January 1, 1984; or in a motor vehicle with a manufacturer designated seating capacity of two people when two people four years old or older are in the motor vehicle.
Your child may be exempt from Montana’s seatbelt law if you possess a written statement from a licensed physician, licensed physician’s assistant, or advanced practice registered nurse indicating that he or she is unable to wear a seatbelt for medical reasons.
Your child may be exempt from Montana’s seatbelt law if he or she is an occupant in a motor vehicle in which all seatbelts are being used by other occupants.
Your child may be exempt from Montana’s seatbelt law if he or she is operating a motorcycle or motor-driven cycle; if he or she is an occupant of a motor vehicle licensed as special mobile equipment; or if he or she is an occupant of a motor vehicle making frequent stops during office job duties.
FAQ
What are the booster seat requirements in Montana?
Montana car seat laws do not specify when a child can sit in a booster seat. The law states that children six years old and younger that weigh 60 pounds or less have to ride in a child passenger restraint system that meets federal guidelines. The child passenger restraint system’s manufacturer guidelines must support the height and weight of the child. The Montana Department of Transportation recommends keeping children who have outgrown their car seats to ride in a booster seat until they are eight years old and are 4’9” tall. The booster seat should always be in the back seat.
What are the rear-facing car seat laws in Montana?
Montana car seat laws do not explicitly state when you can switch your child to a forward-facing car seat. Follow your child restraint system’s guidelines when securing your child. Make sure that your child is the appropriate age, height, and weight to be properly secured in the child passenger restraint system.
How tall do you have to be to sit in the front seat in Montana?
Montana law does not state when a child can ride in the front seat. The Montana Department of Transportation urges parents to keep their children in the back seat until they are at least 13 years old.
* Ms. Blake is licensed in the state of Maryland. The information provided in this article does not constitute legal advice and does not create an attorney-client relationship.
