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Car seat laws in West Virginia

What West Virginia law requires at each stage, from rear-facing to the front seat, next to what NHTSA and the AAP recommend. Plus the fine and where to get a free car seat check.

Checked October 2026 · 9 sources · Not legal advice

Short answer

Children under 8 must ride in a child passenger safety seat (car seat or booster) unless they are at least 4'9" tall, in which case a seat belt is enough. Passengers under 18 in the back seat and everyone in front must wear a belt.

Sources: West Virginia Legislature; West Virginia Governor's Highway Safety Program (DMV). Data as of October 2026.

What does West Virginia car seat law require at each age?

The law sets the minimum. NHTSA and the AAP recommend keeping each stage until your child outgrows the seat, which usually means longer.

West Virginia car seat law at each stage, beside NHTSA and AAP guidance
StageWhat West Virginia law requiresNHTSA and AAP guidance

Rear-facing car seat

No state rule

No rear-facing requirement in state law.

NHTSA and the AAP recommend 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.

Forward-facing seat with a harness

No state rule

No separate harness stage in law. A child under 8 must be in a federally approved child passenger safety device.

NHTSA and the AAP recommend using a forward-facing car seat with a harness and tether once your child outgrows the rear-facing limits, for as long as possible, up to the highest weight or height the seat's manufacturer allows.

Booster seat

Best practice goes further

A child under 8 must be in a federally approved child passenger safety device system (which includes a booster). If the child is under 8 and at least 4'9" tall, a seat belt meets the law.

NHTSA and the AAP recommend 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.

Seat belt

The driver, every front-seat passenger, and back-seat passengers under 18 must wear a seat belt (W. Va. Code § 17C-15-49, $25 fine, no points).

NHTSA and the AAP recommend moving to the seat belt alone only when it fits: the lap belt lies snugly across the upper thighs, not the stomach, and the shoulder belt crosses the middle of the chest and shoulder, not the neck or face. Children big enough for the belt alone should always use a lap and shoulder belt.

Back seat

No state rule

No back-seat requirement in law.

NHTSA and the AAP recommend keeping all children younger than 13 in the back seat.

The law: W. Va. Code § 17C-15-46, in effect since 2005.

Sources: West Virginia Legislature; West Virginia Governor's Highway Safety Program (DMV); National Highway Traffic Safety Administration; American Academy of Pediatrics (HealthyChildren.org). Data as of October 2026.

What are the fines and exemptions in West Virginia?

First offense

$10-$20

Misdemeanor with a fine of $10 to $20.

Exemptions

Vehicles operated for hire. A driver is not in violation if every seat belt is in use and there are more passengers than belts.

Questions about the law

This is general information, not legal advice. For how the law applies to you, ask West Virginia Governor's Highway Safety Program.

Last amended by 2005 S.B. 414. GHSP describes it as a primary enforcement law.

Where can you get your car seat checked for free?

Certified child passenger safety technicians check car seats at inspection stations nationwide. NHTSA says they inspect seats free of charge in most cases and show you how to install and use the seat correctly, and some locations offer virtual inspections. Search NHTSA's locator by ZIP code or city (it can filter for Spanish-speaking technicians), or find a technician through Safe Kids Worldwide. West Virginia lists its own fitting stations.

Find a seat check in West Virginia How to get a free car seat

Sources: National Highway Traffic Safety Administration; American Academy of Pediatrics (HealthyChildren.org)

Where are the car seat inspection stations in West Virginia?

NHTSA's locator lists 42 car seat inspection stations in West Virginia, in 33 cities and towns. Huntington has the most (4), then Princeton (3).

42

inspection stations in NHTSA's locator

NHTSA, October 2026

33

cities and towns with a station

NHTSA, October 2026

0

flagged as Spanish-speaking; ask when you call

NHTSA, October 2026

9

of 42 records updated since 2023

Newest: January 16, 2024

Cities with the most stations

  1. Huntington4 stations
  2. Princeton3 stations
  3. Martinsburg2 stations
  4. Morgantown2 stations
  5. Parkersburg2 stations
  6. Ranson2 stations

Plus 27 more cities and towns. Search NHTSA's locator by ZIP code for the ones near you.

2 are mobile stations that travel to checkup events, so call for the next date and place.

Search NHTSA's locator by ZIP

Source: National Highway Traffic Safety Administration. Data as of October 2026.

Choosing and getting a car seat

Infant vs convertible car seat: which to buy firstInfant vs convertible car seat, compared with AAP and NHTSA guidance: rear-facing limits, portability, when to switch, installation and free seat checks.How to get a free car seatWhere to get a free infant car seat in 2026: Medicaid plan extras, Safe Kids coalitions and 211, plus free installation checks and when a used seat isn't safe.

Questions about car seat laws in West Virginia

When can a child face forward in a car seat in West Virginia?

No rear-facing requirement in state law. NHTSA and the AAP recommend 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.

When can a child stop using a booster seat in West Virginia?

A child under 8 must be in a federally approved child passenger safety device system (which includes a booster). If the child is under 8 and at least 4'9" tall, a seat belt meets the law. 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?

How old does a child have to be to sit in the front seat in West Virginia?

No back-seat requirement in law. NHTSA and the AAP recommend keeping all children younger than 13 in the back seat.

What is the fine for a car seat violation in West Virginia?

Misdemeanor with a fine of $10 to $20.

Where can I get a car seat inspection in West Virginia?

NHTSA's locator lists 42 car seat inspection stations in West Virginia, in 33 cities and towns. Huntington has the most (4), then Princeton (3). Certified technicians check seats for free in most cases. Search NHTSA's locator by ZIP code and call the station before you go.

More for parents in West Virginia

Sources

  1. 1.W. Va. Code § 17C-15-46, Child passenger safety devices required West Virginia Legislature. Accessed October 14, 2026.
  2. 2.W. Va. Code § 17C-15-49, Operation of vehicles with safety belts West Virginia Legislature. Accessed October 14, 2026.
  3. 3.Child Passenger Safety West Virginia Governor's Highway Safety Program (DMV). Accessed October 14, 2026.
  4. 4.CPS Seat Fitting Stations West Virginia Governor's Highway Safety Program (DMV). Accessed October 14, 2026.
  5. 5.Car Seats and Booster Seats National Highway Traffic Safety Administration. Accessed October 14, 2026.
  6. 6.Car Seats: Information for Families (last updated 4/16/2026) American Academy of Pediatrics (HealthyChildren.org). Accessed October 14, 2026.
  7. 7.California Vehicle Code § 27363 (exemptions; current version and version operative January 1, 2027) California Legislative Information. Accessed October 14, 2026.
  8. 8.Car Seat Inspection (inspection station locator) National Highway Traffic Safety Administration. Accessed October 14, 2026.
Show all 9 sources
  1. 9.Car Seat Inspection Locator API (CSSIStation) National Highway Traffic Safety Administration. Accessed October 16, 2026.

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