Under Michigan booster seat law, a child must ride in a belt-positioning booster seat until they turn 8 years old or reach 4 feet 9 inches tall, whichever comes first. The rule sits inside the broader child restraint statute at MCL 257.710d, and the driver is the one legally responsible for making sure the child is properly secured.1Michigan Legislature. Michigan Compiled Laws 257.710d – Child Restraint System Required
When a Booster Seat Is Required
A child moves into a booster seat once they outgrow a forward-facing harnessed child restraint, typically around age 5, and stays in it until either of two milestones is reached:
- The child turns 8 years old, or
- The child reaches 4 feet 9 inches tall.
Only one condition needs to be met. A tall six-year-old who is already 4 feet 9 inches can legally switch to a regular seat belt. An eight-year-old who is shorter than 4 feet 9 inches can also stop using a booster.1Michigan Legislature. Michigan Compiled Laws 257.710d – Child Restraint System Required
A child can also move up a stage early if they exceed the manufacturer’s height or weight limit for their current forward-facing seat before age 5. The seat used must meet the federal crash performance standards in 49 CFR 571.213.2Automotive Safety Program. NHTSA and Federal Safety Standards
Where the Child Has to Sit
Michigan’s rules changed on April 2, 2025. Under the update, all children under 13 must ride in the rear seat if the vehicle has one. Previously the back-seat requirement applied only to children under 4.1Michigan Legislature. Michigan Compiled Laws 257.710d – Child Restraint System Required A child in a booster seat is covered by that rule.
A few situations let a child ride up front:
- Every rear seating position is already occupied by another child.
- The vehicle has no rear seat, such as a pickup with a single row.
- A rear-facing child restraint is placed in the front, in which case the front passenger airbag must be deactivated. Airbags deploy in less than one-twentieth of a second, and contact with a deploying airbag can be fatal to a child in a rear-facing seat.3National Highway Traffic Safety Administration. Air Bags
When the Seat Belt Actually Fits
Meeting the legal threshold does not automatically mean the vehicle’s seat belt fits. A booster raises the child so the lap belt sits across the upper thighs rather than the stomach, and the shoulder belt crosses the chest and shoulder rather than the neck or face. If the belt still rides up on the neck once the booster is removed, the child is safer staying in it, even though the law would allow the switch.
NHTSA recommends keeping children in a booster until the seat belt fits properly, which for many kids does not happen until age 10 or 11.4National Highway Traffic Safety Administration. Car Seat and Booster Seat Safety, Ratings, Guidelines
Penalties and the Waiver
A violation of MCL 257.710d is a civil infraction, not a criminal offense. No points are added to the driver’s record, and no abstract goes to the Secretary of State.1Michigan Legislature. Michigan Compiled Laws 257.710d – Child Restraint System Required The base fine is capped at $10, but mandatory court costs of up to $100 and an additional $40 assessment can push the total well beyond that.5Michigan Judicial Institute. Civil Infraction Fines, Costs, and Assessments Table
A court can waive the entire amount if, before the court date, the driver does two things: acquires a compliant child restraint system and receives education from a certified child passenger safety technician.6Michigan State Police. Legal Update No. 162 Both are required. Buying the booster alone is not enough. Certified technicians can usually be found through local fire departments, hospitals, and police departments, and inspections are typically free.
Even without points, the citation still shows up as a traffic record, and some insurers treat child restraint violations as a rating factor.
Exemptions
The child restraint law does not apply to buses, school buses, taxicabs, mopeds, motorcycles, or any vehicle not required to have seat belts under federal law.1Michigan Legislature. Michigan Compiled Laws 257.710d – Child Restraint System Required That last category covers most vehicles built before 1968, when federal seat belt requirements took effect.
For a child whose physical unfitness, medical problem, or body size makes a standard restraint impractical, the Michigan Secretary of State can grant an exemption by administrative rule and may specify an alternative protection method.1Michigan Legislature. Michigan Compiled Laws 257.710d – Child Restraint System Required This is a formal process through the state, not a doctor’s note kept in the glove box.