North Dakota Car Seat Laws in 2022

Editor’s note: This article was updated in 2022 to link to a more appropriate section of the relevant statute.

Under North Dakota law, a child under eight years old and under fifty-seven inches tall must be properly secured in accordance with manufacturer’s instructions in a child restraint system complying with United States Department of Transportation standards when being transported in a moving motor vehicle. A child between the ages of eight and seventeen years old or at least fifty-seven inches tall must be properly secured in accordance with manufacturer’s instructions in a child restraint system complying with United States Department of Transportation standards or must be correctly buckled in a safety belt when being transported in a moving motor vehicle. A child restraint system is defined as a car seat or booster seat. A motor vehicle must be equipped with at least one child restraint system for each child being transported, unless the motor vehicle was manufactured prior to January 1, 1965 and was not originally equipped with seat belts.

Babies and Children Up to Eight Years Old and Under Fifty-Seven Inches Tall

A child under eight years old and less than fifty-seven inches tall must be properly secured according to manufacturer’s instructions in a child restraint system meeting United States Department of Transportation standards when being transported in a motor vehicle in motion. The motor vehicle must be equipped with at least one child restraint system for each child.

Children Eight to Seventeen Years Old or At Least Fifty-Seven Inches Tall

A child between the ages of eight and seventeen years old or at least fifty-seven inches tall must be properly secured according to manufacturer’s instructions in an approved child restraint system meeting United States Department of Transportation standards or in a correctly buckled safety belt when being transported in a motor vehicle in motion. Children who are under eight years old but taller than 57 inches do not have to use a child restraint system, but they do have to use a safety belt while riding in a motor vehicle.

Penalties for Violations

If you are driving a motor vehicle in North Dakota, you are responsible for ensuring that all children under eighteen years of age are properly restrained in a child restraint system, such as a car seat or booster seat, or by a safety belt. You may be fined $25.00 and have one point assessed against your driver’s license for a violation of North Dakota’s child restraint device law, which includes the requirement that a child between the ages of eight and seventeen years old or at least fifty-seven inches must be restrained in a child restraint system or by a safety belt.

In North Dakota, You May Be Stopped by a Peace Officer for a Suspected Violation of the Child Restraint Device Law Even Though You May Not Be Stopped by a Peace Officer for a Suspected Violation of the Safety Belt Law

North Dakota’s safety belt law is a secondary law. A peace officer may not issue you a citation for a suspected violation of the safety belt law unless he or she has stopped or detained you for a suspected violation of another primary law. However, North Dakota’s child restraint device law is a primary law. A peace officer may stop or detain you for a suspected violation of the child restraint device law. This law includes the requirement that a child between the ages of eight and seventeen years old or at least fifty-seven inches must be restrained in a child restraint system or safety belt.

Exemptions

Your child may be exempt from North Dakota’s child restraint device law if he or she is being transported in a motor vehicle which was not equipped with safety belts at the time of manufacture.

Your child may be exempt from North Dakota’s child restraint device law if he or she is being transported in an emergency situation.

FAQ

What are North Dakota car seat laws for booster seats?

North Dakota law on child restraint devices do not state when to use a booster seat. Children under eight must be properly secured in a child restraint device that follows federal guidelines. Children under eight years old but over 4’9” tall do not need to be secured in a child restraint device, but they do need to wear a seat belt. Check your booster seat manufacturer’s height and weight limits before securing your child.

What are the forward facing car seat rules in North Dakota?

North Dakota car seat laws do not state when a child can switch from a rear facing to a forward facing car seat. All children under eight must be secured in a federally approved child restraint system. Check your forward facing car seat’s requirements before transporting your child in a motor vehicle.

When can my child ride in the front seat in North Dakota?

North Dakota law does not stipulate when children can ride in the front seat. For safety reasons, the North Dakota Department of Transportation recommends that all children under 13 should ride in the back seat.

* 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.


Attorney Denise A. Blake*

Denise practices family law at Blake Law, LLC in Westminster, Maryland. She holds a Juris Doctor with an emphasis in Family Law from the University of Baltimore School of Law.