Colorado Car Seat Law: The Under-9 Rule, Rear-Facing and Fines

Last reviewed: October 18, 2026. This article is general information, not legal advice. Colorado's child restraint law changed on January 1, 2025; check the current text of C.R.S. § 42-4-236 before you rely on any detail.

If you last looked up Colorado's car seat rules a few years ago, they've changed. A 2024 law raised the car seat and booster age from under 8 to under 9, made rear-facing the rule until age 2 for most toddlers, and extended the seat belt requirement to 18. Here's what the statute says now, what a ticket costs, and how it compares with safety advice. For other states, see our guides to the California booster seat law, Texas car seat laws, Ohio car seat laws and Florida car seat laws.

Short answer: under the Colorado car seat law, C.R.S. § 42-4-236, every child under 9 years of age must be properly restrained in a car seat or booster, following the manufacturer's instructions. Children under 2 who weigh under 40 pounds must ride rear-facing. Children 4 to 8 who weigh at least 40 pounds may use a car seat or a booster. All children under 9 ride in the rear seat if one is available, and children 9 to 17 need a seat belt or child restraint. A violation is a class B traffic infraction: a $65 penalty plus a $16 surcharge, with no points.

The rules by stage: Colorado law vs safety advice

The table compares what Colorado law requires with what NHTSA and the American Academy of Pediatrics (AAP) recommend. The recommendations are not law, but they reflect how children are best protected in a crash.

The "according to the manufacturer's instructions" wording matters. CDOT's FAQ uses the example of a 3-year-old who weighs 40 pounds: that child can't legally move to a booster, because booster makers set a minimum of at least 4 years and 40 pounds (some require 5 years and 50 pounds). Colorado's law follows the seat label, not just the birthday.

The 2025 changes (HB24-1055)

The current rules come from HB24-1055, "Child Passenger Safety & Education," which the Governor signed on June 4, 2024 and which took effect January 1, 2025. In summary, it:

• raised the car seat and booster requirement from under 8 to under 9;
• required children under 2 weighing under 40 pounds to ride rear-facing (the old rule was rear-facing only for children under 1 year and under 20 pounds);
• raised the seat belt requirement from under 16 to under 18;
• extended the rear-seat requirement, which used to cover only rear-facing infants, to all children under 9 where a rear seat is available; and
• told the state's highway safety division to run a public education program on the changes.

If an older guide tells you "8 years old or 4 feet 9 inches," it predates this law.

Who is responsible

Section 42-4-236(2)(c) splits responsibility. If a parent is in the vehicle, the parent must make sure the child has and properly uses the right seat or belt. If no parent is in the vehicle, the driver is responsible. So a grandparent driving alone with your child is the one who gets the ticket. CDOT also says child passenger safety violations are a primary violation, so a driver can be stopped for this alone.

Front seat rules

Colorado does set a back-seat rule, with a practical limit: children under 9 must ride in the rear seat if a rear seat is available. CDOT's FAQ says that if there's no back seat (a single-cab pickup, for example), a child may ride in front only if both the vehicle and car seat manufacturers allow it. Move the vehicle seat as far back as possible, and never put a rear-facing seat in front of an active airbag. Safety experts, including CDOT, recommend the back seat for all children under 13.

Exemptions

Under § 42-4-236(3), the car seat rules do not apply to a child who is:

• under 9 and being transported because of a medical or other life-threatening emergency when a car seat isn't available;
• riding in a commercial motor vehicle operated by a child care center;
• the driver of a vehicle (the adult seat belt law applies instead); or
• riding in a vehicle operated for hire by a common carrier or contract carrier, or a luxury limousine service.

The law covers "motor vehicles" as defined in § 42-4-236(1)(a.8): passenger cars, pickups, and vans, minivans or SUVs under 10,000 pounds gross vehicle weight rating. It does not cover motorcycles, low-power scooters or farm tractors. CDOT's FAQ adds that RVs are exempt unless the child rides in the front passenger seat, and recommends using a separate vehicle where children can be properly restrained.

Taxis, Uber and Lyft

CDOT's FAQ says buses, shuttle vans and taxis are exempt from the child passenger safety law, "However, this does not mean children are any safer traveling in these types of vehicles." The statute's exemption names common and contract carriers and luxury limousines. It does not mention transportation network companies such as Uber or Lyft, so don't assume a rideshare driver is exempt. Bring your child's seat.

Penalties: fine, surcharge and no points

• Classification: a violation is a class B traffic infraction (§ 42-4-236(7)(a)). A driver under 18 is punished under the separate minor-driver rules in § 42-2-105.5.
• Fine: Colorado's penalty schedule in § 42-4-1701 lists $65 plus a $16 surcharge for § 42-4-236.
• Points: § 42-4-1701(3)(c) says the Division of Motor Vehicles has no authority to assess points for class B traffic infractions.
• Waiver: under § 42-4-236(8), the fine may be waived if you show the court satisfactory proof that you acquired, bought or rented a car seat by your court appearance.
• Civil cases: under § 42-4-236(6), a violation is not negligence per se or contributory negligence per se.

CDOT also warns that caregivers can face additional charges if the law isn't followed and a child is injured.

Where to get a free car seat check in Colorado

CDOT runs Car Seats Colorado, which says "A free car seat check is the best way to keep your child safe" and lists inspection stations, installation videos and a car seat recycling program. Start at CDOT's Car Seats Colorado page, or use NHTSA's car seat inspection station search, where certified technicians check seats free of charge in most cases.

Practical tips for Colorado parents

• Count to the 9th birthday, then check belt fit. CDOT's 5-step test: back against the seat, knees bent at the seat edge, shoulder belt between neck and arm, lap belt on the upper thighs, and able to stay seated that way for the whole trip.
• Don't use seat belt adjusters in place of a booster; CDOT says they aren't regulated or tested.
• Take bulky coats off before buckling up, and put a blanket or the coat on backwards over the harness.
• If you're cited, get the right seat before your court date and bring the receipt.

Related reading: children riding in the open bed of a truck.

Sources

• C.R.S. § 42-4-236, Child restraint systems required: FindLaw copy (unofficial)
• C.R.S. § 42-4-1701, Traffic infractions, penalty and surcharge schedule: FindLaw copy (unofficial)
• HB24-1055, Child Passenger Safety & Education: Colorado General Assembly
• Colorado Department of Transportation, Colorado Child Passenger Safety Law: codot.gov
• Colorado Department of Transportation, Car Seats Colorado FAQ: codot.gov
• NHTSA, Car Seats and Booster Seats (recommendations and inspection station locator): nhtsa.gov
• American Academy of Pediatrics, Car Seats: Information for Families: HealthyChildren.org