Seat belts and child seats in New Mexico (2026)
Last reviewed: 9 October 2026
In short: Each occupant of a motor vehicle of 10,000 pounds gross weight or less built with safety belts must have the belt fastened. Children under 18 must be properly restrained, with the type of restraint depending on age and weight up to age 12. Children under 1 must be rear-facing in the rear seat where the vehicle has one.
| 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 1 must be in a rear-facing child restraint in the rear seat. Children aged 1 to 4, or under 40 pounds, must be in a child passenger restraint device. Children aged 5 to 6, or under 60 pounds, must be in a booster seat or child passenger restraint device. Children aged 7 to 12 must be in a child passenger restraint device or a seat belt. All passengers under 18 must be properly restrained. [1] |
| Children in the front seatPassenger cars | Children under 1 must be in a rear-facing restraint in the rear seat of a vehicle that has one. If the vehicle has no rear seat, the child may ride in the front seat if the passenger-side air bag is deactivated or the vehicle has no deactivation switch. [1] |
| Rear-facing child seat in front with active airbagPassenger cars | No [1] |
| Can police stop you for this alone?Passenger cars | Primary: the Safety Belt Use Act is enforced whether or not this is linked to the enforcement of any other law. [1] |
| Booster seat untilPassenger cars | Children aged 5 to 6, or any child under 60 pounds, must ride in a booster seat or another suitable child restraint. From 7 to 12 a child restraint or seat belt is required. [1] |
| Fine for not wearing a seat beltPassenger cars | $25 penalty assessment for an unfastened safety belt (the same amount for a child not in a restraint). [1] |
Notes
- The duty applies to vehicles of 10,000 pounds gross vehicle weight or less manufactured with safety belts complying with federal standard 208; a physician statement exempts an occupant.
Sources
- New Mexico Compilation Commission (NMOneSource): Current New Mexico Statutes Annotated 1978, Chapter 66 Motor Vehicles (66-7-369 child passenger restraint; 66-7-372 safety belt use) (consulted 9 October 2026) · all sources
New Mexico 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 |
|---|---|---|---|---|---|
| New Mexico | Yes | Yes | Child restraint by age and weight to age 12; belt to 17 | Under 1: rear seat if the vehicle has one | No, unless no rear seat and no airbag switch |
| Arizona | Yes (secondary enforcement) | Under 16 only | Restraint until age 8 or 4 ft 9 in | No seating rule | ⚠ Not yet verified |
| Colorado | Yes (adults: secondary enforcement) | Under 18 only | Car seat/booster to age 9; belt or seat to 18 | Back seat if one is available | ⚠ Not yet verified |
| Oklahoma | Yes | Only children under 8 (restraint system) | Under 8, unless over 4 ft 9 in | ⚠ Not yet verified | ⚠ Not yet verified |
| Texas | Yes | Yes | Under 8, unless taller than 4 ft 9 in | ⚠ Not yet verified | ⚠ Not yet verified |
More rules in New Mexico
- CannabisPossession for personal use: Legal for adults 21+, within limits · Growing at home: Yes: 12 plants, 6 mature
- Car speed limitsBuilt-up areas: 30 mph · Outside built-up areas (single carriageway): 75 mph (55 mph unposted county roads)
- Minimum age for a car driving licenceMinimum age for a car licence: 15½ (provisional licence) · Earliest age to drive a car supervised: 15 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes (permissible fireworks incl. aerial) · Minimum age to buy: 16
- Knives and pepper sprayFolding pocket knives: Concealed deadly weapon barred; knives not named · Locking or one-handed knives: Auto-opening knives barred
- Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $12.00 per hour
- Using a mobile phone while drivingHands-free use: 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%
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.