Updated
Nevada car seat laws require that children under 6 years old and below 60 pounds be in a child restraint system while traveling in automobiles. The child seat must be appropriate for the size and weight of the child, and must be installed within and securely attached to the vehicle.
It is recommended that children remain in car seats until they outgrow them – usually around age three – before moving on to booster seats. Drivers cited for failing to properly secure children passengers (NRS 484B.157) face fines or community service.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. When are car seats required in Nevada?
- 2. What kind of car seat should I use?
- 3. When can children travel without child restraint systems?
- 4. What are the penalties for not using a car seat?
- 5. Will I get demerit points for not using a child restraint system?
- 6. Can an NRS 484B.157 violation be used against me in a lawsuit?
- 7. When can children wear safety belts like adults?
All motor vehicle passengers under 6 years of age and 60 pounds or less must travel in a child restraint system.
1. When are car seats required in Nevada?
NRS 484B.157 states that drivers must secure children passengers in an approved child restraint system if they are up to five years old and weigh up to 60 pounds. The term child restraint system comprises not only car seats but also booster seats and seat belts (safety belts).1
The National Highway Traffic Safety Administration (NHTSA) recommends that infants travel in a rear-facing car seat for as long as possible. Then once the child outgrows the rear-facing car seat manufacturer’s height limits and weight limits, parents can switch to a front-facing car seat. Only when the child outgrows the car seat should parents then switch to a booster seat. And children should not graduate to seat belts until they are big enough to fit into them properly. NHTSA also recommends that the child always be in the rear seat and not the front seat at least until age 12.
| Age of child passenger | NHTSA recommendation |
| Birth to 12 months | Rear-facing car seat in the backseat |
| 1 – 3 years | Forward-facing car seat in the backseat |
| 4 – 7 years | Booster seat in the backseat |
| 8 – 12 years | Seat belt in the back seat2 |
2. What kind of car seat should I use?
People may only transport children in child seats approved by the United States Department of Transportation (DOT).3
Two of the most common car seat manufacturers that meet federal safety standards are Britax and Graco.
3. When can children travel without child restraint systems?
Nevada law does not require children to travel in child safety seats on public transportation (including taxis), school buses, and emergency vehicles.
Another exemption is if a car seat would be harmful or impractical for a particular child because of a physical or medical condition. In these cases though, the driver would need to keep in the vehicle a signed statement from the child’s physician or advanced practice registered nurse.4
Violating Nevada’s car seat laws under NRS 484B.157 carries a fine or community service.
4. What are the penalties for not using a car seat?
Not using a child car seat violates Nevada state law if the child:
- Is under 6 years old, and
- Weighs 60 lbs. or less, and
- Is not big enough for a booster seat.
The misdemeanor penalties for violating NRS 484B.157 get harsher with each successive offense.
|
NRS 484B.157 offense |
Penalties under child seat laws |
| First offense |
However, the judge will waive these requirements as long as the defendant completes a child restraint system training class within 60 days of the sentencing. |
| Second offense |
However, the judge will halve these requirements if both:
|
| Third- or subsequent offense | Driver’s license suspension of 30 to 180 days5 |
5. Will I get demerit points for not using a child restraint system?
No. The DMV (Nevada Department of Motor Vehicles) assigns no demerit points because violating NRS 484B.157 is not a moving violation. However, some auto insurance companies may choose to increase premiums.6
6. Can an NRS 484B.157 violation be used against me in a lawsuit?
No. Drivers who break Nevada child restraint system laws are not automatically deemed negligent or reckless in any ensuing lawsuits.7
Example: Marie is driving her 3-year-old daughter when Rod crashes into them. The daughter was not properly secured in her car seat and sustains serious injuries. If Marie sues Rod for the car accident, Rod cannot argue that Marie was negligent for violating NRS 484B.157. It does not matter that the daughter might have escaped injury had she been secured in the car seat.
7. When can children wear safety belts like adults?
Children who outgrow booster seats must wear safety belts in vehicles as adults do. And this safety belt requirement lasts for the rest of their lives.
Drivers or passengers who fail to wear safety belts as required face a misdemeanor charge. The penalty is a fine of up to $25 or community service. Note that if both the driver and a child passenger(s) are not wearing safety belts, the police officer can issue just one citation for both violations.
Although safety belts are required, Nevada law enforcement officers are not allowed to pull over drivers just because someone is not wearing a safety belt. Instead, the police may issue a safety belt citation only if:
- the vehicle is already stopped, and the police then notice that someone is not wearing a safety belt, and/or
- the driver is being arrested for another (primary) offense.8
Learn more about Nevada seat belt laws (NRS 484D.495). Safety belts typically consist of a shoulder belt and/or a lap belt.
Call our law firm for help. We offer free consultations in Clark County and throughout the state of Nevada.
In California? See our article on child restraint systems (VC 27360).
Legal References
- NRS 484B.157; NRS 484D.495.
- NHTSA Recommendations for Children; see also AAP Updates Car Safety Seat Recommendations for Children, American Academy of Pediatrics (September 21, 2018); Occupant Protection / Child Passenger Safety, Department of Public Safety; see also Nevada Department of Transportation.
- Nevada Revised Statute 484B.157.
- Same.
- Same.
- Same.
- Same.
- NRS 484D.495; see Cortes v. State, 260 P.3d 184 (Nev. 2011).