Virginia Booster Seat Law: Age, Height, Weight, and Penalties

Under Virginia booster seat law, a child must ride in a child restraint device, which includes a booster seat, until the child turns eight years old.¹ Once your child outgrows a forward-facing harnessed seat but is still under eight, a booster is the typical way to meet that requirement. At eight, the booster is no longer legally required, but your child may not yet be big enough for the vehicle seatbelt to fit safely.

When Virginia Law Requires a Booster Seat

Virginia doesn’t single out “booster seats” by name in the statute. Instead, the law requires every child under eight to ride in a child restraint device that meets U.S. Department of Transportation safety standards.¹ That umbrella term covers rear-facing infant seats, forward-facing harnessed seats, and booster seats. Which one your child needs comes down to age and the height and weight limits printed on the seat itself. Follow the manufacturer’s guidelines for when to move up.

In practice, the booster seat stage begins when your child has outgrown the harness on a forward-facing car seat but is still under eight. A booster lifts the child so the vehicle’s shoulder belt crosses the chest instead of the neck and the lap belt sits low across the hips instead of the stomach. Without that lift, an adult seatbelt can cause serious abdominal and spinal injuries to a smaller body in a crash.

The duty to use the correct restraint falls on the driver, not just the parent. If you’re carpooling or driving someone else’s child, you’re the one responsible for having the right seat and using it correctly.

When Your Child Can Stop Using a Booster

Virginia law stops requiring a child restraint device at age eight. From age eight through seventeen, every passenger must still be secured by a seatbelt, and the driver is responsible for making sure that happens.¹

Reaching the birthday is not the same as being ready for the belt alone. NHTSA recommends keeping a child in a booster until the vehicle seatbelt fits correctly, which for most children means roughly 4 feet 9 inches tall and between 80 and 100 pounds.² Check the fit before you retire the booster. The shoulder belt should cross the middle of the chest and shoulder, not the neck or face. The lap belt should sit low across the upper thighs or hips, not the belly. The child’s knees should bend naturally at the edge of the seat with feet flat on the floor. If any of that isn’t true at age eight, the booster is still the safer choice even though the law no longer requires it.

NHTSA also recommends keeping children in the back seat through at least age twelve, even after they’ve moved to a regular seatbelt.²

Where the Booster Has to Go in the Car

Virginia law requires child restraint devices, including booster seats, to be placed in the back seat.¹ The statute uses “shall,” so putting a booster up front in a four-door sedan violates the law even if the child is buckled into it correctly.

There is one narrow exception. If the vehicle has no back seat, a child restraint device may go in the front passenger seat only when the vehicle either has no passenger-side airbag or the airbag has been deactivated.¹ A deploying airbag can hit a child with enough force to cause fatal injuries, so this rule has no flexibility. If you drive a two-seat truck with an active passenger airbag that can’t be shut off, you cannot legally transport a child in a restraint device in that vehicle.

Exemptions From the Requirement

A few situations fall outside the booster seat rule. Taxicabs, school buses, executive sedans, and limousines are exempt.¹ A separate statute extends the exemption to public transportation, buses, farm vehicles, and any vehicle whose interior design makes using a child restraint impractical.³

There is also a medical exemption. A child between four and seven years old may ride with a standard seatbelt instead of a child restraint device if a physician determines a restraint would be impractical because of the child’s weight, physical condition, or another medical reason.⁴ The physician can be licensed in Virginia or any other state. You have to carry a signed written statement from that physician in the vehicle identifying the child and explaining the reason. Driving without that statement on hand carries a separate $20 penalty.⁵

Penalty for Not Using a Booster Seat

A first violation carries a $50 civil penalty that the court cannot reduce or suspend.⁵ A second or later violation on a different date can bring a penalty of up to $500. A court may waive or suspend the fine only if the driver can show that financial inability prevented them from buying a child restraint system.

No demerit points go on your driving record for this violation, and no court costs are assessed.⁵ The ticket is issued on a standard traffic summons, but the offense is civil rather than criminal.

Help Paying for a Booster Seat

If cost is the reason you don’t have a booster, Virginia runs a program for income-eligible families. The Department of Health operates the Low Income Safety Seat Program, which distributes seats, including boosters, to qualifying parents and guardians.⁶ To qualify you must live in Virginia, be the custodial parent or legal guardian of a child seven or younger, and be income-eligible for a public assistance program like WIC, SNAP, Medicaid, TANF, or FAMIS. Pregnant mothers in their last trimester also qualify. You attend a short training session on how to install and use the seat correctly.

Distribution sites operate across the state. You can find the nearest one through the Virginia Department of Health’s child passenger safety page or by calling 1-800-732-8333.⁶

Getting Your Installation Checked

A booster that’s installed wrong, or a child who’s been moved up too early, is a common problem. Certified Child Passenger Safety Technicians provide free hands-on help and can tell you whether your child has outgrown a seat or still needs a booster. Safe Kids Worldwide maintains a searchable directory of inspection stations where you can book an appointment.⁷ The Virginia Department of Health’s child passenger safety page lists local resources and events as well.⁸

1
Virginia Code Commission. Virginia Code 46.2-1095 – Child Restraint Devices Required When Transporting Certain Children
2
National Highway Traffic Safety Administration. Car Seat and Booster Seat Safety
3
Virginia Code Commission. Virginia Code 46.2-1099 – Further Exemptions
4
Virginia Code Commission. Virginia Code 46.2-1100 – Use of Standard Seat Belts Permitted for Certain Children
5
Virginia Code Commission. Virginia Code 46.2-1098 – Penalties, Violations Not Negligence Per Se
6
Virginia Department of Health. Low Income Safety Seat Program
7
Safe Kids Worldwide. National CPS Certification
8
Virginia Department of Health. Child Passenger Safety