California Booster Seat Law: Ages and Rules

Q: At what age can a child stop using a booster seat in California?

Under Vehicle Code § 27360 , children under 8 must ride in an appropriate child passenger restraint system (a car seat or booster). A child under 8 who is 4 feet 9 inches or taller may use a seat belt instead ( § 27363(d) ). From 8 until 16, a child must be secured in a restraint system or a seat belt ( § 27360.5 ).

Q: What is the fine for violating the booster seat law?

Vehicle Code § 27360.6 sets a fine of $100 for a first offense and $250 for a second or later offense under § 27360 or § 27360.5. The court can reduce or waive the fine for economically disadvantaged defendants who complete a community education program.

Last reviewed: October 17, 2026. This article is general information, not legal advice. California's child restraint rules change on January 1, 2027, so check the current Vehicle Code before you rely on any detail.

If you drive kids around in California, you've probably wondered exactly when they can leave the booster seat behind. The rule is clearer than many parents think: it's mainly about age 8 and a height of 4 feet 9 inches, plus a few sensible exceptions.

Short answer: under the California booster seat law, children under 8 must ride in the back seat in a car seat or booster seat that meets federal safety standards, unless they are already 4 feet 9 inches or taller, in which case a properly fitted seat belt is allowed. Children under 2 must ride rear-facing unless they weigh 40 pounds or more or are 40 inches or taller. From 8 to 15, a child needs a booster, car seat or seat belt.

What the law actually says

Cal. Vehicle Code § 27360(a) "Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under eight years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards."

§ 27360(b) — children under 2 ride rear-facing "unless the child weighs 40 or more pounds or is 40 or more inches tall."

Cal. Vehicle Code § 27363(d) "Notwithstanding Section 27360, a child or ward under eight years of age who is four feet nine inches in height or taller may be properly restrained by a safety belt, as defined in paragraph (2) of subdivision (d) of Section 27315, rather than by a child passenger restraint system."

Read § 27360 (California Legislative Information) · Read § 27363

Quoted from the official text (read via archived copies of leginfo.legislature.ca.gov) and checked against current FindLaw copies on October 17, 2026. Section 27363 is scheduled to be replaced on January 1, 2027.

The rules by age

Under 2: rear-facing

Under § 27360(b), a child under 2 must ride in a rear-facing car seat unless the child weighs 40 pounds or more or is 40 inches or taller, and must be secured within the seat manufacturer's height and weight limits.

Under 8: car seat or booster in the back seat

Under § 27360(a), children under 8 must be properly secured in an appropriate car seat or booster that meets federal standards, in a rear seat. Many children move from a harnessed seat to a belt-positioning booster during these years; the CHP notes children typically move to booster seats between 40 and 65 pounds and recommends keeping them in a harnessed seat as long as possible.

The 4'9" exception

Under § 27363(d), a child under 8 who is 4 feet 9 inches or taller may use a properly fitted seat belt instead of a car seat or booster.

Ages 8 to 15: booster, car seat or seat belt

Under § 27360.5, a parent, legal guardian or driver must not transport a child aged 8 or older but under 16 without properly securing the child in an appropriate child restraint system or seat belt. From 16, California's general seat belt law applies.

Exceptions to the rear-seat rule

Section 27363(e) lets a child under 8 ride in the front seat, still in an appropriate car seat or booster, if:

there is no rear seat;
the rear seats are side-facing jump seats;
the rear seats are rear-facing seats;
the car seat can't be installed properly in the rear seat;
all rear seats are already occupied by children 7 or under; or
medical reasons require the child not to ride in the rear seat (a court may ask for proof).

Under § 27363(f), a child must never be placed in a rear-facing car seat in the front seat of a vehicle with an active frontal passenger airbag.

Other exceptions in § 27363 include a court exemption for children whose physical or medical condition makes a restraint system impractical, life-threatening emergencies, and a lap-belt-only option in the back seat for children over 40 pounds when that seat has no combination lap and shoulder belt. Section 27360(c) also says the rule doesn't apply to a driver when the child's parent or legal guardian is a passenger in the vehicle.

Penalties

Under Vehicle Code § 27360.6:

First offense: a fine of $100.
Second or later offense: a fine of $250.

For economically disadvantaged defendants, the court can reduce or waive the fine if the person completes a community education program on child passenger restraints, and the court may require attendance at a car seat installation demonstration.

Coming January 1, 2027: the 5-Step test

AB 435 was signed and chaptered as Chapter 434, Statutes of 2025, amending Vehicle Code §§ 27315, 27318, 27360.5 and 27363. The current versions of §§ 27360.5 and 27363 say they remain in effect only until January 1, 2027. In summary, from that date a child, ward or passenger using a seat belt instead of a car seat or booster will count as properly restrained only if they pass a 5-Step test:

sitting all the way back against the seat;
knees bending comfortably over the edge of the seat;
shoulder belt crossing the middle of the chest and shoulder, not the neck;
lap belt as low as possible, touching the thighs; and
able to stay seated like this for the whole trip.

Check the official text once the new sections take effect.

Practical tips

Read the car seat's label and manual for height and weight limits, and your vehicle manual for installation.
Make sure the lap belt sits low on the hips or thighs, not the stomach.
Use the booster on every trip, including short ones and carpools.
Ask your local CHP Area Office about a check by a child passenger safety technician.

Related reading: children riding in the back of a truck.

At what age can a child stop using a booster seat in California?

Under Vehicle Code § 27360, children under 8 must ride in an appropriate child passenger restraint system (a car seat or booster). A child under 8 who is 4 feet 9 inches or taller may use a seat belt instead (§ 27363(d)). From 8 until 16, a child must be secured in a restraint system or a seat belt (§ 27360.5).

Can my child ride in the front seat in California?

Children under 8 must ride in a rear seat, with limited exceptions in § 27363(e): no rear seat, side-facing jump seats, rear-facing rear seats, a car seat that can't be installed properly in the back, rear seats already filled by children 7 or under, or medical reasons. A rear-facing car seat may never go in front of an active frontal airbag.

What is the fine for violating the booster seat law?

Vehicle Code § 27360.6 sets a fine of $100 for a first offense and $250 for a second or later offense under § 27360 or § 27360.5. The court can reduce or waive the fine for economically disadvantaged defendants who complete a community education program.

What changes in 2027?

AB 435 (Chapter 434, Statutes of 2025) amends the seat belt and child restraint rules from January 1, 2027. In summary, whether a child is properly restrained by a seat belt will be judged by a 5-Step test: sitting all the way back, knees bending at the seat edge, shoulder belt across the middle of the chest and shoulder, lap belt low on the thighs, and able to stay seated that way for the whole trip.

Where can I get my car seat checked?

The California Highway Patrol suggests contacting your local CHP Area Office and asking to speak with a child passenger safety technician. See the CHP child safety seats page.

Sources

California Vehicle Code § 27360: California Legislative Information (verified via an archived copy)
California Vehicle Code § 27363: California Legislative Information (verified via an archived copy and the FindLaw copy)
California Vehicle Code § 27360.5 (ages 8 to 15): FindLaw copy of the statute
California Vehicle Code § 27360.6 (fines): FindLaw copy of the statute
California Highway Patrol, Child Safety Seats: chp.ca.gov
AB 435 (2025), status and summary: CalMatters Digital Democracy
AB 435 summary by a law firm (secondary source): Liebert Cassidy Whitmore

California Booster Seat Law: Ages, the 4'9" Rule and Exceptions