Car seat laws in Delaware

A child under the age of 2 years and less than 30 pounds must be properly secured in a rear-facing child restraint equipped with a 5-point harness. NHTSA and the AAP recommend going further: keeping your child rear-facing as long as possible, until they reach the top height or weight limit allowed by the car seat's manufacturer. A child under age 1 should always ride rear-facing, and most convertible seats allow rear-facing for 2 years or more.

A child must be properly secured in a belt-positioning booster until reaching the booster's upper height or weight limits per the manufacturer's guidelines. NHTSA and the AAP recommend going further: using a belt-positioning booster seat after your child outgrows the harnessed seat, until the vehicle seat belt fits properly, typically when they reach about 4 feet 9 inches tall and are 8 to 12 years old. The AAP says an adult seat belt fits when: the shoulder belt lies across the middle of the chest and shoulder, not the neck or throat; the lap belt is low and snug across the upper thighs, not the belly; and the child is tall enough to sit against the vehicle seat back with knees bent over the edge of the seat without slouching, and can stay that way for the whole trip. NHTSA uses the same lap-belt and shoulder-belt checks. The 5-step test, which California writes into law from January 1, 2027, asks: 1) Does the child sit all the way back against the seat? 2) Do the knees bend over the edge of the seat? 3) Does the shoulder belt snugly cross the center of the chest and shoulder, not the neck? 4) Is the lap belt as low as possible, touching the thighs? 5) Can the child stay seated like this for the whole trip?

A child under 12 who is 5'5" or shorter may not ride in the front passenger seat of a vehicle with an active passenger-side air bag, unless there's no rear seat or all rear seats are taken by other such children. This is a secondary offense. NHTSA and the AAP recommend going further: keeping all children younger than 13 in the back seat.

A first offense brings no fine: police should refer the driver to an Office of Highway Safety car seat fitting station. A second or later violation is a $25 fine (plus court costs, per OHS).

NHTSA's locator lists 4 car seat inspection stations in Delaware, in 4 cities and towns. Certified technicians check seats for free in most cases. Search NHTSA's locator by ZIP code and call the station before you go.