Seat belts and child seats in North Carolina (2026)
Last reviewed: 9 October 2026
In short: The driver and all passengers in a vehicle built with seat belts must have a belt fastened. A child under 8 and under 80 pounds must be in a weight-appropriate child restraint system. This is the DMV driver handbook summary of G.S. 20-135.2A and 20-137.1, not the statute text.
| 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 | A child under age 8 and weighing less than 80 pounds must be properly secured in a weight-appropriate child passenger restraint system. Every passenger under age 16 must be secured in a child passenger restraint system or a seat belt. If no seating position has a lap and shoulder belt, a child under 8 weighing 40 to 80 pounds may be restrained by a properly fitted lap belt only. [1] |
| Children in the front seatPassenger cars | If the vehicle has an active passenger-side front air bag and a rear seat, a child under age 5 and weighing less than 40 pounds must be secured in the rear seat, unless the restraint system is designed for use with a front air bag system. The handbook also advises that children aged 12 and under ride in a rear seat. [1] |
| Rear-facing child seat in front with active airbagPassenger cars | No [1] |
| Can police stop you for this alone?Passenger cars | A rear-seat occupant's failure to wear a seat belt is not a reason to stop a vehicle (secondary for the rear seat). The statute sets no such limit for the driver and front-seat passengers. [2] |
| Fine for not wearing a seat beltPassenger cars | Driver or front-seat passenger: a $25.50 penalty plus court costs. Rear-seat occupant: $10 with no court costs. [2] |
Notes
- Exemptions listed in the handbook include occupants of a motor home other than the driver and front-seat passengers (with at least four of the listed facilities), and situations where all belted seating positions are occupied.
- The handbook's air bag rule has an exception for a restraint system designed for use with a front air bag system and applies where the vehicle has a rear seat.
Sources
- North Carolina Division of Motor Vehicles: North Carolina Driver Handbook, chapter 4 Seat Belts, Child Seats, Children and Air Bags (consulted 9 October 2026) · all sources
- North Carolina General Assembly: N.C. Gen. Stat. 20-135.2A Seat belt use mandatory (Internet Archive snapshot of 6 June 2026) (consulted 10 October 2026) · all sources
North Carolina 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 |
|---|---|---|---|---|---|
| North Carolina | Yes | Yes | Under 8 and under 80 lb: child restraint system | Under 5 and 40 lb: rear seat if airbag active | No if a rear seat exists (airbag-rated seats excepted) |
| Georgia | Yes | Minors 8 and older only | Seat or booster under age 8 (or over 4 ft 9 in: belt) | Under 8 in rear seat if one is available | ⚠ Not yet verified |
| South Carolina | Yes | Yes | Under 8 (adult belt at 8 or 57 in if it fits) | Rear seat under 8; front only if no rear seat | ⚠ Not yet verified |
| Tennessee | Yes | Only passengers under 18 | Booster ages 4 to 8 and under 4 ft 9 in | Rear seat if available (to age 8) | ⚠ Not yet verified |
| Virginia | Yes | Yes | Child restraint up to age 8 | Back seat; front only if no back seat and airbag off | Not allowed |
More rules in North Carolina
- CannabisPossession for personal use: Illegal; criminal misdemeanour · Growing at home: Prohibited (felony)
- Car speed limitsBuilt-up areas: 35 mph · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (Level 2 limited provisional) · Earliest age to drive a car supervised: 15 (limited learner permit)
- E-bikes and speed pedelecsLegal class: Bicycle, one class
- FireworksConsumers may buy and use category F2 fireworks: No (sparklers and novelties only) · Minimum age to buy: 16 (sparklers and novelties only)
- Knives and pepper sprayFolding pocket knives: Ordinary closed pocket knife exempt · Locking or one-handed knives: Spring-opened knives are not "ordinary pocket knives"
- Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $7.25 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (texting/email banned) · Hands-free use: Calls not restricted
- 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 (all alcohol) · Minimum age to buy spirits: 21 (all alcohol)
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: Zero (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.