Alaska
Alaska Car Seat Laws (2026): 5 Stages & Penalties
Independently fact-checked against primary sources (last audited September 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 3 primary sources cited on this page. How we verify our legal content

Alaska runs a five-stage restraint law under AS 28.05.095: rear-facing for every child under 1 (and for a 1-year-old still under 20 pounds), a child restraint device with no orientation specified from 1 to 4, a mandatory booster from 4 to 8 while a child stays at least 20 pounds and under 57 inches and 65 pounds, a seat belt for anyone over 4 who exceeds those numbers, and a driver's-choice device-or-belt stage for ages 8 to 15 who are still below the booster thresholds. This page reflects the statute's text as of September 2026.
Jurisdiction scope: This article covers car seat and child-restraint law in the state of Alaska only. It does not address any other state. For other states, see the car seat laws hub.
| Stage | Applies until | Statute |
|---|---|---|
| Rear-facing | Under 1 year, or 1 year or older but under 20 lb | AS 28.05.095(b)(1) |
| Child restraint device (orientation not specified) | 1 year or older (and 20+ lb) through under 4 years | AS 28.05.095(b)(2) |
| Booster | Over 4 but under 8, and under 57 in, and 20 lb or more but under 65 lb (all four) | AS 28.05.095(b)(3) |
| Seat belt | Over 4 and exceeding the 57 in / 65 lb thresholds | AS 28.05.095(b)(4) |
| Device or belt, driver's choice | Age 8 through 15, still under 57 in and 65 lb | AS 28.05.095(b)(5) |
Rear-facing: the statute's disjunctive rule
AS 28.05.095(b)(1) covers "a child who is less than one year of age or a child one year of age or older who weighs less than 20 pounds." Read carefully, this is two separate triggers joined by "or," not a combined age-and-weight test: every child under 1 must ride rear-facing no matter how much they weigh, and separately, any child who has turned 1 but still weighs under 20 pounds must also ride rear-facing. The rear-facing requirement ends only once a child is both 1 or older and at least 20 pounds.

Child restraint device: age 1 to under 4, no orientation specified
Once a child ages out of the rear-facing stage, § (b)(2) requires that a child "one or more years of age but less than four years of age who weighs 20 pounds or more shall be properly secured in a child restraint device." The statute does not specify an orientation for this device, so it is not accurate to call this a "forward-facing" stage; the seat's own manufacturer instructions, not AS 28.05.095, set whether the device faces forward or rearward at this age.
Booster: the statute's four-condition stage
Section (b)(3) is genuinely conjunctive, not a simple age cutoff: a child "over four years of age but less than eight years of age who is less than 57 inches in height and weighs 20 or more pounds but less than 65 pounds shall be properly secured in a booster seat." All four conditions, age, height, and weight (a floor and a ceiling), apply together. A child who is 5 years old but has already grown past 57 inches or 65 pounds falls out of this booster mandate and into the seat-belt stage below, even though they are still under 8.
Seat belt: once a child over 4 outgrows the booster thresholds
Section (b)(4) covers a child "over four years of age who exceeds the height or weight requirements in (3) of this subsection," requiring only that the child "be properly secured in a seat belt." This stage is triggered by size, not by a fixed age, once the child is older than 4.
Ages 8-15: a driver's-choice stage most families don't expect
A less commonly cited part of the statute, (b)(5), covers a child "eight years of age but less than 16 years of age who does not exceed the height and weight requirements in (3) of this subsection." For that child, the law requires "a child safety device approved for a child of that size by the United States Department of Transportation or in a safety belt, whichever is appropriate for the particular child as determined solely by the driver." In other words, a smaller 8-to-15-year-old who still fits the booster-size window isn't required to use a booster the way a 4-to-7-year-old in the same size range is; the statute leaves the choice between a safety device and a seat belt to the driver.
No statutory front-seat or airbag rule
Alaska's restraint statute, AS 28.05.095, has no front-seat placement or airbag language anywhere in subsections (a) through (f). Advice to keep a rear-facing seat out of the front seat near an active airbag is a manufacturer and safety-advocate recommendation, not an Alaska legal requirement.

Exemptions
Section (c) exempts several categories from the restraint requirements: passengers on a school bus, unless that bus is required by U.S. Department of Transportation rule to carry seat belts, and occupants of an emergency vehicle; a vehicle operator delivering mail or newspapers from inside the vehicle to roadside boxes, in the course of employment; a person who would otherwise be covered but whose vehicle isn't equipped with safety belts at all; and operators or passengers of motorcycles, off-highway vehicles, electric personal mobility vehicles, snowmobiles, and similar vehicles not built for highway use. Section (c)(3) recognizes one further category: a person or class of persons the commissioner of public safety has exempted by regulation under AS 28.05.096. That statute does not create a self-executing medical exemption; it only authorizes the commissioner to adopt regulations exempting people for whom a physical or medical condition makes using a safety belt or child safety device impractical, and only if the commissioner also specifies an alternative means of protection. A driver is exempt on medical grounds only if such a regulation actually reaches them, not simply because a medical condition exists.
Penalty
A violation of the (b) restraint requirements is an infraction under AS 28.05.099(b), carrying a fine of up to $50, plus demerit points assessed under DMV regulations (the point total itself isn't fixed in the penalty statute). The court will dismiss the case if the driver, within 30 days, presents proof of purchase or acquisition, and installation, of an approved child safety device or safety belt, unless the driver has a prior conviction or forfeiture for the same violation, or has already used this proof-of-purchase relief once before.
Leaving a child unattended: an open legal question
Alaska has general child-endangerment statutes, but none of them specifically criminalizes leaving a child unattended in a vehicle: one commonly cited endangerment provision is triggered only by a caregiver storing controlled substances where a child under 10 can reach them or being impaired by an intoxicant with no other capable adult present, not simply by leaving a child alone in a car. Whether a different Alaska statute reaches an ordinary unattended-vehicle scenario is an open question. Parents should check current Alaska law directly rather than assume a specific unattended-child offense applies.
Federal guidance vs. Alaska law
The federal standard governing car seats as products, FMVSS 213 (49 CFR 571.213), sets construction and crash-test requirements a seat must meet before it can be sold; it does not dictate how an Alaska parent must use the seat day to day. The National Highway Traffic Safety Administration and the American Academy of Pediatrics separately recommend keeping a child rear-facing as long as the seat's own height and weight limits allow, which in practice often extends well past Alaska's age-1/20-pound statutory floor, and moving through each later stage only once the child outgrows it. That is safety guidance, not a legal requirement; Alaska's own age, height, and weight numbers in AS 28.05.095 are what the statute actually requires.
Disclaimer: This article provides general legal information about Alaska's car seat law as of September 2026. It is not legal advice. Statutes, exemptions, and penalties change; verify the current text of the law before relying on it, and talk to a lawyer licensed in Alaska about a specific situation.
Related Alaska traffic law pages
Statutes cited reflect their in-force version as of 2026-09-17. Last updated: 2026-09-17.
Frequently Asked Questions
When can a child in Alaska stop riding rear-facing?
Not until the child is both at least one year old and at least 20 pounds. A child under one must ride rear-facing regardless of weight, and a one-year-old who is still under 20 pounds must also ride rear-facing, under AS 28.05.095(b)(1).
Does Alaska require a booster seat for older kids, like 10-year-olds?
The mandatory booster stage in AS 28.05.095(b)(3) applies only from age 4 to under 8. For ages 8 through 15, a separate provision, (b)(5), lets the driver choose between an approved child safety device and a seat belt if the child still hasn't exceeded 57 inches and 65 pounds.
What is the fine for a car seat violation in Alaska?
It's an infraction carrying a fine of up to $50 under AS 28.05.099(b), plus DMV demerit points. The court will dismiss the case if the driver proves, within 30 days, that they purchased or acquired, and installed, a conforming child safety device or safety belt, unless that relief was already used before.
Is it illegal to put a rear-facing car seat in the front seat in Alaska?
Alaska's restraint statute has no front-seat or airbag provision at all. Avoiding the front seat with a rear-facing restraint near an active airbag is a safety recommendation, not an Alaska legal requirement.
Can a school bus passenger in Alaska skip the car seat law?
Yes, unless the school bus is required by federal rule to have seat belts installed, school bus passengers are exempt from AS 28.05.095, along with emergency-vehicle occupants, certain delivery drivers, and motorcycle or off-highway vehicle occupants.
Updates
Rebuilt from the current statute text after an independent review: restraint stages, exemptions, front-seat rules and penalties re-verified against the statute.
Independently fact-checked against the cited primary sources
Rebuilt Alaska's car-seat figures around the state's actual statute, which sets a simple age-based rule (a DOT-approved device for children under 4, and a DOT-approved device or seat belt for ages 4 through 15) rather than the specific weight and height bands the page previously stated as law; those numbers are now presented as AAP/manufacturer guidance, not statutory requirements. Also corrected the claim that leaving a child in a vehicle is never illegal in Alaska (a general child-endangerment law can apply) and narrowed the meta description's penalty promise, since no specific fine figure for this statute could be sourced.
Independently fact-checked against the cited primary sources
Fixed two disjunctive-vs-conjunctive errors in AS 28.05.095's booster and driver's-discretion size thresholds (both require BOTH the height and weight condition, not either), and removed a fabricated 'front seat allowed at 65 lbs/age 4' claim -- the statute sets no seating-position rule, so this is now framed as AAP safety guidance rather than law.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Alaska Statutes, Title 28. Motor Vehicles, Chapter 05. Administration
§ 28.05.095Use of seat belts and child safety devices requiredIn force
(a) Except as provided in (c) of this section, a person (1) 16 years of age or older may not occupy a motor vehicle while being driven on a highway unless restrained by a safety belt; and (2) may not drive a motor vehicle on a highway unless restrained by a safety belt. (b) Except as provided in (c) of this section, a driver may not transport a child under the age of 16 in a motor vehicle unless the driver has provided the required safety device and properly secured each child as described in this subsection.
Official text (excerpt) · last checked 2026-09-09 · Read the full text in our law library · Verify at akleg.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- Hutchins v. Schwartz (Alaska Supreme Court 1986, 724 P.2d 1194)“…nly to Mr. Hutchins as "Hutchins”. 2 . AS 28.05.095(a) provides that a child under the age…”
- Erickson v. State (Court of Appeals of Alaska 2006, 141 P.3d 356)“…Former AS 11.56.800(a)(l)(B)(i). 4 . AS 28.05.095(a)(2) and AS 28.05.099(a).…”
- Chase v. State (Court of Appeals of Alaska 2010, 243 P.3d 1014)“…t is AFFIRMED. 1 . AS 28.15.291(a) and AS 28.05.095(a), respectively.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 28.05.096Exemptions and alternative safety devicesIn force
(a) The commissioner of public safety may adopt regulations to exempt a person or a class of persons from the requirements of AS 28.05.095 if the commissioner determines that the use of a safety belt or child safety device is impractical because of physical or medical conditions of the person or class of persons. (b) The commissioner of public safety shall specify alternative means of protection for children exempted under this section.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
§ 28.05.099PenaltyIn force
(a) A person convicted of a violation of AS 28.05.095(a) or (d) is guilty of an infraction and may be fined up to $15 or the court may waive the fine if the person convicted donates $15 to the emergency medical services entity providing services in the area in which the violation occurred. (b) A person convicted of a violation of AS 28.05.095(b) is guilty of an infraction, and may be fined up to $50. The person may also be assessed demerit points as determined by regulations of the department, notwithstanding the provisions of AS 28.15.231(b). A person who violates AS 28.05.095(b) by failing to provide a child safety device or safety belt may provide a peace officer, including a village safety officer, proof of purchase or acquisition, and installation, of an approved child safety device or safety belt.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2006
Opinions citing this section in our collection:
- Erickson v. State (Court of Appeals of Alaska 2006, 141 P.3d 356)“…(l)(B)(i). 4 . AS 28.05.095(a)(2) and AS 28.05.099(a). 5 . S…”
- United States v. Turvin (District Court, D. Alaska 2006, 442 F. Supp. 2d 796)“…a fine of Fifteen Dollars ($15.00). AS 28.05.095(a)(2) and AS 28.05.099(a).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Federal Regulations Title 49
§ 571.213Child restraint systems; Applicable unless a vehicle or child restraint system is certified to § 571.213b.In forcecited in 51 of our articles
S1. Scope. This standard specifies requirements for child restraint systems used in motor vehicles and aircraft. S2. Purpose. The purpose of this standard is to reduce the number of children killed or injured in motor vehicle crashes and in aircraft. S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks and buses, and to child restraint systems for use in motor vehicles and aircraft, manufactured before December 5, 2026. FMVSS No. 213b applies to child restraint systems manufactured on or after December 5, 2026. S4. Definitions. Add-on child restraint system means any portable child restraint system. Backless child restraint system means a child restraint, other than a belt-positioning seat, that consists of a seating platform that does not extend up to provide a cushion for the child's back or head and has a structural element designed to restrain forward motion of the child's torso in a forward impact.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Welsh Ex Rel. Welsh v. Century Products, Inc. (District Court, D. Maryland 1990, 745 F. Supp. 313)“…afety Act”) and Federal Motor Vehicle Safety Standard 213, 49 C.F.R. § 571.213 (1989) (“FMVSS 213”). In particular, C…”
- Hendrix Ex Rel. Gp v. Evenflo Co., Inc. (Court of Appeals for the Eleventh Circuit 2010, 609 F.3d 1183)“…meets the requirements imposed by federal regulations. See 49 C.F.R. § 571.213. When used properly, the base is positio…”
- Hendrix v. Evenflo Co. (District Court, N.D. Florida 2009, 255 F.R.D. 568)“…ance requirements and a testing procedure for CRS modules. 49 C.F.R. § 571.213 . Van Arsdell’s mechanical engineering…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Car Seat Laws by State 2026: Rear-Facing, Booster, Front Seat Rules, Alabama Car Seat Laws (2026): Ages, Stages & Penalties, Arizona Car Seat Laws (2026): Booster Age & Penalty Rules
Sources and References
- AS 28.05.095, Child restraint device requirements(akleg.gov).gov
- AS 28.05.099, Child restraint violation penalties(akleg.gov).gov
- 49 CFR § 571.213, FMVSS No. 213, Child restraint systems(ecfr.gov).gov
- American Academy of Pediatrics, Car Safety Seats: Information for Families(healthychildren.org)