When Can Kids Sit in the Front Seat in Georgia? And Other Questions About Kids in Cars Answered

Parents know that from the minute they want to take their newborn home from the hospital, there are requirements for how to safely restrain them in the car. The laws and best practices seem to keep evolving, and it can be difficult to know when children grow or age out of the requirements for children’s safety in cars.

While parents have some limited discretion about when to switch their rear-facing seat forward, when to swap the five-point harness for a booster, and when to allow their child up front, there are also laws that address how and where to restrain children in cars – and with good reason. Car and booster seats help save lives and protect from serious injuries. According to the National Highway Traffic Safety Administration (NHTSA), car accidents are a leading cause of fatalities for children up to 13 years of age.  The Georgia Attorney General’s Consumer Protection Division (which references statistics from the CDC and the NHTSA) states that:

• In 2021, more than 600 children died, and 63,000 were injured in car accidents. 38% of the fatalities involved children who were not properly secured.
• 4 out of 10 children under six who died or suffered serious injuries were not properly secured or were not restrained at all.
• Car seats, when properly used, are “71% effective in preventing injury among infants and 54% effective with children ages 1-4.”
• “Children who use booster seats are 59% less likely to be injured in a crash than those using a seat belt alone.”

What age can children ride in the front seat?

It is technically legal for children to ride in the front seat once they turn eight. However, The Georgia Attorney General’s Consumer Protection Division suggests that children under 13 ride in the backseat as it is the safest place for them. There are other considerations, such as a child’s height and weight. Airbags are designed with people at least five feet tall in mind and geared toward a weight of about 150. Most eight-year-olds are between 47 and 54 inches tall (three foot eleven to four foot six), and their weights range from 44 to 80 pounds. Even at 13, many kids will be far below the height and weight recommendations for the front seat, so it’s best to wait longer rather than letting them move into the front seat as soon as it’s legal.

How does Georgia regulate car seat safety?

The Georgia Attorney General’s Consumer Protection Division provides the following summary of the current child car seat/booster seat requirements:

• Children under eight and smaller than 57 inches (4 feet, 9 inches). These children must be placed in the backseat of a car – in either a car seat or a booster suit that fits their age and height. The farther away from the force of an airbag, the better. Airbags deploy with a great amount of force. Though airbags can save adults, they can kill and seriously injure children.
• Vehicles without back seats. If a child is riding in a truck that does not have a back seat, then children under eight can ride in the front if they are properly placed in a car or booster seat – and the child weighs 40 pounds or more.

A law enforcement officer can issue a citation to drivers who fail to properly restrain their child, which can result in a $50 fine and one point against the driver’s license. The penalties increase for subsequent violations.

Other exceptions, according to the Georgia Governor’s Office of Highway Safety, include:

• Parents who have a written doctor’s statement that the child’s medical condition prevents restraining the child.
• All of the “rear seating positions are occupied by other children.”
• Children who are in a taxicab or public transit vehicle – as well as standard school buses and “multifunctional school activities buses.”

The benefits of a booster seat, according to the Georgia Governor’s Office of Highway Safety, include raising the child’s height so an adult seat belt fits better (across the shoulder and chest, not the neck) and keeping the lap belt low over the hip and thigh bones, not the stomach.

Other practical child safety suggestions for riding in vehicles

Parents should not hold their child while driving or use a car seat in the front seat instead of the back seat. Also, parents should never reuse a car seat that was in an accident. A prior crash can damage the car seat, making it less effective in a future collision. Car and booster seats should be used on all trips – even those that are just a few miles away.

Considerations when buying a car or booster seat

The Georgia Attorney General’s Consumer Protection Division recommends that parents and guardians consider the following when buying a child car seat:

• Generally, car seats with a five-point harness are considered better than other car seats because they restrain a child’s whole body – not just the head and shoulders. The American Academy of Pediatricsand Children’s Healthcare of Atlanta have recommendations for safe child car seats.
• Rear-facing, forward-facing, and booster car seats should be a proper fit for both your child and your vehicle. This means that when you purchase a car seat, you should bring your child with you to test the fit, size, and comfort levels.
• The longer the warranty, the better.
• More costly car seats have more features, such as easier installation, better cushioning, and the ability to recline.
• Child car seats should be easy to clean, install, and take out. A few design features to consider are:
  • A car seat/stroller combination.
  • Car seats that are detachable.
  • Convertible car seats that can convert “from a rear-facing infant seat into a forward-facing toddler seat.”
• Other considerations. If your vehicle has low seats and no headrest, then buy a high-back Follow the manufacturer’s weight limits. Consider having a local inspection station install the back seat.

Some other key considerations that we’ve written about when buying a car seat include the following:

• Never buy a used car seat. Replace a car seat if it’s been involved in an accident.
• Look at the expiration dates
• Understand when and how to use “LATCH” anchors
• Do not wash car seat straps
• Do not attach aftermarket products to a car seat

Types of car and booster seats

Car seats are for infants and toddlers, while booster seats are for older children, but there are other categories within those as well. The NHTSA has the following recommendations for different car seats depending on the age, weight, and size of your child.

• Infant seat.
  • Newborn to 1 yr. Up to 20 lbs. Use rear-facing infant seats.
  • Less than 1 yr. 20-35 lbs. Use an infant seat that is recommended for heavier infants.
• Toddler seat. 1-3 years. 20-40 lbs. Your child needs to be BOTH 1 year old and 20 lbs. or more before being placed in a forward-facing seat. Otherwise, your child should be in a rear-facing car seat.
• Booster seat. These seats are for children between four and at least eight who are between 40-80 lbs. and under 57 inches. The booster should be used with a lap and shoulder belt. The lap belt should rest across the lap, never the stomach.
• Safety belts. These restraints are for children eight and older and taller than 57 inches.

The right position in a car and the right equipment can help protect children from serious injuries or fatalities in the event of a car accident. It’s better not to have an accident than to have to file a car accident claim because your child suffered injuries.

If your child is injured in any type of vehicle accident, Harris Lowry Manton LLP has the experience and resources to fight for all the compensation your child deserves. We’ve obtained more than $300 million for our clients during our 35 years of practice. To protect your child’s future, please call us or use our contact form to schedule a free initial consultation with our experienced car accident lawyers in Atlanta and Savannah, Georgia.