Seat belts and child seats in West Virginia (2026)
Last reviewed: 9 October 2026
In short: The driver, front-seat passengers and back-seat passengers under 18 must wear safety belts. A child under 8 must be in a child passenger safety device unless at least 4 feet 9 inches (1.45 m) tall.
| Rule | What applies |
|---|---|
| Seat belt compulsory in front seatsPassenger cars | Yes [1] |
| Seat belt compulsory in rear seatsPassenger cars | No [1] |
| Child restraint required untilPassenger cars | A child under 8 must be in a child passenger safety device system. A child under 8 who is at least 4 feet 9 inches (1.45 m) tall may use a safety belt. [2] |
| Children in the front seatPassenger cars | ⚠ Not yet verified |
| Rear-facing child seat in front with active airbagPassenger cars | ⚠ Not yet verified |
| Fine for not wearing a seat beltPassenger cars | $25 fine, with no court costs or other fees and no points on the driving record. [1] |
Notes
- Adults in the back seat are not required to wear a belt; the driver and every front-seat passenger must, and so must any back-seat passenger under 18. The duty applies to passenger vehicles for 15 or fewer passengers built with belts.
Sources
- West Virginia Legislature: West Virginia Code 17C-15-49 Operation of vehicles with safety belts; exception; penalty (consulted 9 October 2026) · all sources
- West Virginia Legislature: West Virginia Code 17C-15-46 Child passenger safety devices required; child safety seats and booster seats (consulted 9 October 2026) · all sources
West Virginia 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 |
|---|---|---|---|---|---|
| West Virginia | Yes | Only passengers under 18 | Under 8, unless 4 ft 9 in tall | ⚠ Not yet verified | ⚠ Not yet verified |
| Kentucky | Yes, all occupants (vehicles built after 1981) | Yes, all occupants (vehicles built after 1981) | Seat to 40 in; booster under 8 and 40-57 in | No front-seat restriction in the statute | ⚠ Not yet verified |
| 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 |
| Ohio | Yes | Only children under 16 | Under 8 and under 4 ft 9 in: booster | ⚠ Not yet verified | ⚠ Not yet verified |
| Pennsylvania | Yes | Only occupants under 18 | Under 8: restraint or booster | ⚠ Not yet verified | ⚠ 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 West Virginia
- CannabisPossession for personal use: Criminal offence (misdemeanour) · Growing at home: Prohibited
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (intermediate licence) · Earliest age to drive a car supervised: 15 (level one permit)
- E-bikes and speed pedelecsLegal class: Three classes
- FireworksConsumers may buy and use category F2 fireworks: Yes · Minimum age to buy: 18
- Knives and pepper sprayFolding pocket knives: Allowed; 18+ for concealed · Locking or one-handed knives: Switchblade/gravity: 18+ may carry concealed
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $8.75 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-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+ (purchase, consume, possess) · Minimum age to buy spirits: 21+ (purchase, consume, possess)
- 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.