Criminal Law Article

Arizona's Booster Seat Laws

Car and Booster Seat Laws

Arizona law requires all children under the age of five must be seated in a legally recognized child restraint system. A child restraint system is a general term for devices used in a vehicle to protect infants and children from being injured in an accident and includes items such as car seats, infant safety seats and booster seats. On August 2, 2012 Arizona expanded the law to include children up to eight years old who are shorter than four feet nine inches.

What is a legally recognized child restraint system?

The law defines a child restraint system, commonly referred to as a car or booster seat, as a device designed to be used in a motor vehicle or a plane to seat a child who weighs less than 66 pounds. This device is not merely a seat belt. This system may be an add-on, built-in, factory installed, rear facing, child restraint system or a booster seat.

Is there an age requirement?

Yes, children under five must be in a child restraint system. Children between five and eight must be in a child restraint system until they are taller than four feet nine inches.

My child is seven years old but is five feet tall, does he need a booster seat?

No. If a child is over five years old and is above the height requirement then the child does not need to be in a booster seat.

My child is 8 years old, but only four foot eight does he need a booster seat?

No. Only children under eight years old are required under the law to be in a child restraint system.

What happens if I am pulled over and do not have a child restraint system?

If an officer believes you have broken the law he will ask the driver the age and height of the child to determine if the law has been broken.

What happens if I break the law?

A person who breaks the law may be fined $50.

Are there any exceptions to receiving a fine?

A person may not have to pay the $50 fine if they prove, by a receipt sent to the court, that the car is later equipped with a child restraint system.

I need help installing my car seat is there any place I can go?

Many police and fire stations will inspect and show you how to properly install your car seat. For more information contact your local station or call the Child Safety Seat Hotline at 602-543-8687.

Are there any loaner or rental programs for car or booster seats?

Yes, there are several organizations and agencies where a person can rent a car or booster seat for little or no cost. Hospitals are even required by law to give out this information to new parents. If you are in need of a rental program contact your local hospital, or the Children are Priceless Passengers (C.A.P.P.) safety program for information.

Does this law apply to all vehicles?

No, certain vehicles are exempt from this law. A list of those vehicles can be found under A.R.S. 28-907(H) and under A.R.S. 28-907(B).

Where can I find the law?

The Arizona law or Arizona Revised Statues can be found on the Arizona State Legislature's page, www.azleg.gov . The child restraint system law is Arizona Revised Statute 28-907.