Seat belts and child seats in Delaware (2026)
Last reviewed: 9 October 2026
In short: The driver and every occupant aged 16 or older must wear a seat belt in Delaware, and police may stop a vehicle for this alone. Children under 16 ride in a child seat, booster or seat belt suited to their age, weight and height; a belt-positioning booster is used until the child reaches its upper limit. A child under 12 and 5 ft 5 in or less may not sit in front of an active passenger airbag, with exceptions. A seat-belt violation on its own costs a $25 civil penalty, with no points.
| Rule | What applies |
|---|---|
| Seat belt compulsory in front seatsPassenger cars | Yes [1] |
| Seat belt compulsory in rear seatsPassenger cars | Yes [1] |
| Child restraint required untilPassenger cars | Children under 16 must be secured in all seating positions in a child seat, booster or seat belt suited to their age, weight and height: rear-facing five-point harness under 2 and under 30 lb; harness seat under 4 and under 40 lb; belt-positioning booster until its limits are reached; then a seat belt until age 16. [1] |
| Children in the front seatPassenger cars | A child under 12 who is 5 ft 5 in or shorter may not occupy the front passenger seat of a vehicle with a passenger-side airbag that has not been rendered inoperable, unless the vehicle has no rear seat or the rear seats are occupied by such children. [1] |
| Rear-facing child seat in front with active airbagPassenger cars | No [1] |
| Can police stop you for this alone?Passenger cars | Primary enforcement: any police officer may make an administrative stop to enforce the seat-belt law on reasonable and articulable suspicion of a violation. [1] |
| Booster seat untilPassenger cars | After a harnessed seat, a child must ride in a belt-positioning booster until reaching the upper height or weight limit of the booster set by the manufacturer. From then until age 16 the child wears a properly secured seat belt. [1] |
| Fine for not wearing a seat beltPassenger cars | $25 civil penalty when the seat-belt violation is the only offence; several unbelted occupants count as one violation. No points and no entry on the driving record. [1] |
Notes
- The rule applies to any child under 12 and 5 ft 5 in or shorter, so it also covers a child in a rear-facing seat; the statute does not name rear-facing seats.
Sources
- Delaware General Assembly: Delaware Code, Title 21, Chapter 48. Occupant Protection System Safety Act (sections 4802 and 4803) (consulted 9 October 2026) · all sources
Delaware and neighbouring states
| State | Seat belt compulsory in front seats | Seat belt compulsory in rear seats | Child restraint required until | Children in the front seat | Rear-facing child seat in front with active airbag |
|---|---|---|---|---|---|
| Delaware | Yes, all seats (16+) | Yes, all seats (16+) | Seat or booster until outgrown; belt to age 16 | Under 12 and 5 ft 5 in: not with active airbag | Not allowed (child under 12) |
| Maryland | Yes, driver and front passengers | Yes; police enforce only as secondary action (16+) | Seat under 8 unless 4 ft 9 in; rear-facing under 2 | No front-seat restriction in the statute | ⚠ Not yet verified |
| New Jersey | Yes | Yes (adults in the back: secondary law) | Under 8 and under 57 in: seat or booster in the rear seat | Under 8: rear seat; front only if no rear seat | No, unless the airbag is turned off |
| Pennsylvania | Yes | Only occupants under 18 | Under 8: restraint or booster | ⚠ Not yet verified | ⚠ Not yet verified |
More rules in Delaware
- CannabisPossession for personal use: Legal, 21+, within limits · Growing at home: No home growing
- Car speed limitsBuilt-up areas: 25 mph business, 20-25 mph residential · Outside built-up areas (single carriageway): 50 mph (2-lane roads)
- Minimum age for a car driving licenceMinimum age for a car licence: 17 (Class D after 12 months on a permit) · Earliest age to drive a car supervised: 16 (Level 1 learner's permit)
- E-bikes and speed pedelecsLegal class: Class 1-3, bicycle rules · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: No (sparklers and similar excepted) · Minimum age to buy: 18 (sparklers and similar items)
- Knives and pepper sprayFolding pocket knives: Closed pocketknife up to 3.75 in is not a deadly weapon · Locking or one-handed knives: Deadly weapon; separate offence repealed 2025
- Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $15.00 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Hands-free allowed
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.