Delaware Child Car Seat Laws (2026)

Car seat laws in Delaware require children to be in the proper car seat restraint for their age until they can graduate to a seat belt. There are certain types of car seat restraint each age group needs, however what type of child restraint your child needs depends on their age, height, and weight.

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Updated December 2024

Properly restraining a child in the car is the best way to keep them safe in the event of a crash. Delaware’s child seat restraint requirements vary by child’s age, and it’s essential to follow these laws carefully to protect child passengers. In addition, just as not following the laws for Delaware auto insurance will result in penalties, not following the Delaware car seat laws will result in tickets and fines. 

Delaware child car seat laws

To learn about car seat laws in Delaware, read on. We will cover everything you need to know about Delaware car seat laws.

Things to remember...

  • Children cannot sit in the front seat until they are at least 12 years old 
  • Children must be in the right seat for their height and weight
  • Violating the child seat laws in Delaware can result in tickets 

Delaware Car Seat Laws: Types of Car Seats Required

What type of child restraint your child needs depends on their age, height, and weight. Not following the Delaware car seat laws can earn you a $25 ticket for a first offense and put your child passenger in danger. However, properly seating your child in the correct car seat significantly improves their safety in a crash, even if you are out on one of the deadliest holidays to drive. We’ve outlined what type of car seat restraint each age group needs. 

Rear-Facing Child Restraint 

In Delaware, children need to be in a rear-facing child seat until they outgrow the height and weight maximums on a rear-facing child seat. However, children under two should always be in a rear-facing child seat. 

However, we strongly recommend keeping children in the rear-facing child restraint for as long as possible, as it is the safest position for your children. Depending upon the height and weight requirements on your child’s seat, you may be able to keep your child in a rear-facing seat until three years old, as the weight limit is usually 40 pounds for rear-facing child seats. 

Forward-Facing Child Restraint 

Once a child outgrows a rear-facing car seat, usually around three to four years of age, they can graduate to a forward-facing child restraint. Read the height and weight requirements to ensure your child is the right size for the forward-facing seat. 

When graduating to a forward-facing child restraint, it’s crucial to ensure you use the top tether on the seat to secure it to the car. Many people aren’t aware that there is one, but they should always use the top tether. The instructions on your child restraint will detail how to properly install your forward-facing car seat. 

Booster Seat Restraint

After turning eight years old, most children are generally ready to transition to a booster seat. Refer to the booster seat NC law to verify the height and weight requirements before making this change.

When using a booster seat, it is crucial to ensure that the shoulder belt is positioned across the shoulder and chest area, not the neck or face, as this could result in serious injury in the event of a crash. Additionally, the lap belt should rest across the upper thighs, rather than the child’s stomach. Adhering to these guidelines helps prevent child endangerment for not using a car seat.

Seat Belt Restraint 

Once a child has outgrown a booster seat, they can transition to using a seat belt without a booster. Typically, children need to be taller than four feet nine inches to move on from a booster seat. The usual age range for outgrowing a booster seat falls between 10 to 12 years, according to Delaware booster seat requirements.

It’s important to note that children under 12 years of age aren’t allowed to sit in the front passenger seat, even if they have graduated from a booster seat. This is different from other states’ laws, such as the NC front seat law allowing younger children to sit up front.

According to the State of Delaware, the best car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car.

So when you travel, keep up with individual state laws and research answers to questions like “How old to sit in the front seat in NY?” or “Front seat requirements in PA” to avoid a ticket. 

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When Children Don’t Need Safety Restraints in Delaware 

In certain situations, your child might not need to be restrained according to vehicle restraints in Delaware. For instance, when traveling by bus or taxi, your child is not required to use a car seat. Additionally, if your child has a qualifying medical condition that prevents them from using a car seat or seat belt, they may be exempt. You will need to provide proof of this exemption if law enforcement questions you. Note that understanding the car seat ticket cost and state law for children in the front seat is important for compliance.

The Final Word on Delaware Car Seat Laws 

Following Delaware’s car seat laws is essential to keep your child safe. Car seat manufacturers will list the height and weight requirements for each type of child restraint so you can ensure your child is in the proper car seat for their age. 

In addition to ensuring your child is in the right seat, it is also important to carry the right type of car insurance. You can use our free quote comparison tool to find the best insurance rates in your area. 

Frequently Asked Questions

What are the child car seat laws in Delaware?

According to Delaware booster seat laws, children under the age of 8 must be properly secured in a child restraint system while traveling in a motor vehicle.

Are there any height and weight requirements for child car seats in Delaware?

Yes, in addition to the age requirement, children must also meet specific height and weight criteria to determine the type of child restraint system they should use. It is recommended to refer to the manufacturer’s guidelines for specific height and weight limits for each type of car seat.

What type of car seat should I use for my child in Delaware?

The appropriate type of car seat for your child in Delaware depends on their age, height, and weight. Here are the general guidelines:

  • Infants and toddlers: Rear-facing car seat until at least 2 years of age or until they reach the maximum height and weight limits specified by the manufacturer.
  • Toddlers and preschoolers: Forward-facing car seat with a harness once they outgrow the rear-facing seat.
  • School-aged children: Booster seat until they are at least 8 years old and meet the height and weight requirements for using a seat belt without a booster seat.

What are the penalties for non-compliance with child car seat laws in Delaware?

The penalties for non-compliance with Delaware’s child car seat laws can vary. Violations may result in fines, and repeat offenses could lead to increased fines or other consequences. It’s essential to follow the laws to ensure the safety of your child and avoid penalties.

Are there any exceptions to Delaware’s child car seat laws?

Yes, Delaware’s child car seat laws have a few exceptions. They include situations where a child is being transported by a licensed child care provider, a school, or a public transit system. Additionally, if a medical condition prevents a child from using a child restraint system, a written statement from a physician may exempt them from the requirement.

What is the penalty for failing to comply with the child passenger safety law?

Penalties vary by state, but generally, failing to comply with child passenger safety laws can result in fines. In Delaware, for example, a first offense can result in a $25 fine.

When can a child sit in the front seat in Delaware?

According to front seat laws for kids and the Delaware seat belt law, the legal age to ride in the front seat is 12 years and older. Children under 12 are not allowed to sit in the front seat.

Does a taxi require a car seat?

Car seat requirements for taxis vary by state. In some states, taxis are exempt from car seat laws, but it’s recommended to use a car seat for safety.

What happens if you get caught with a child not in a car seat?

If you are caught with a child not in a car seat, you could face fines and penalties. The specific consequences depend on state laws and the number of previous offenses.

What is the law for car seats in North Carolina?

In North Carolina, according to the North Carolina car seat law, children under 8 years old and weighing less than 80 pounds must be secured in a car seat or booster seat. Children younger than 5 and weighing less than 40 pounds must be in a rear seat if available to avoid a no child restraint ticket. These rules are part of the North Carolina booster seat laws.

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