California Car Seat Laws (2026): Ages, Airbags & Fines

California requires every child under 8 to ride in the rear seat in an age-appropriate restraint system, with a rear-facing seat mandatory under age 2 unless the child already weighs 40 pounds or is 40 inches tall, under Cal. Veh. Code §§ 27360 and 27363. 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 California only. It does not address any other state. For other states, see the car seat laws hub.

Under 8: rear seat, appropriate restraint system

Section 27360(a) sets California's baseline: "a parent, legal guardian, or driver who transports a child under eight years of age...shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards." That duty runs until age 8, subject to the exceptions in § 27363 described below.

Under 2: rear-facing, with an early exit at 40 pounds or 40 inches

Within that under-8 requirement, § 27360(b) narrows the rule for the youngest children: a child under 2 must ride "in a rear-facing child passenger restraint system that meets applicable federal motor vehicle safety standards, unless the child weighs 40 or more pounds or is 40 or more inches tall." Reaching either number, weight or height, lets a child move out of the rear-facing-specific requirement even before turning 2, though the broader under-8 restraint-system duty in (a) still applies.

4'9" or taller: a seat belt can substitute for a restraint system

Section 27363(d) provides that "a child or ward under eight years of age who is four feet nine inches in height or taller may be properly restrained by a safety belt...rather than by a child passenger restraint system." This is a height-only exception; a child's age and weight don't affect it once the 4'9" mark is reached.

Front seat and airbags: a narrower rule than commonly assumed

California does not flatly bar every child under 8 from the front seat. Section 27363(e) allows a child under 8 to ride in front under any of six circumstances: no rear seat exists, the rear seats are side-facing or rear-facing, the restraint system can't be installed properly in the rear, all rear seats are already occupied by children 7 or younger, or a medical necessity applies. None of those six turns on whether an airbag is present. The airbag-specific rule, § 27363(f), is narrower still: it prohibits only a rear-facing restraint system from being placed in the front seat of a vehicle with an active passenger-side frontal airbag. A forward-facing restraint or a booster placed in the front seat under one of the (e) circumstances remains lawful even with an active airbag.

Lap belt alone in the back seat

A child weighing more than 40 pounds may ride in the back seat with only a lap belt, not a combination lap-and-shoulder belt, if the back seat in question isn't equipped with a lap-and-shoulder combination, under Cal. Veh. Code § 27363(c).

Exemptions

Section 27363(b) allows transporting a child without a restraint system, using a seat belt instead, "in case of a life-threatening emergency, or when a child is being transported in an authorized emergency vehicle," if no restraint system is available. Section 27363(a) lets a court exempt a class of children by age, weight, or size if a restraint system would be impractical because of "physical unfitness, medical condition, or size." And § 27360(c) provides that the restraint requirement "does not apply to a driver if the parent or legal guardian of the child is a passenger in the motor vehicle."

Penalty

Under Veh. Code § 27360.6(a)(1), a first offense is "punishable by a fine of one hundred dollars ($100)," and under (b)(1), a second or later conviction is "punishable by a fine of two hundred fifty dollars ($250)." Both fines can be reduced or waived if the driver establishes that they are economically disadvantaged and the court refers them to a community education program; the waiver is conditional on that showing, not automatically available and not flatly unavailable either.

Leaving a child unattended: Vehicle Code § 15620

California has a dedicated unattended-child statute, Veh. Code § 15620, separate from the restraint law above. It applies to a child 6 or younger left inside a vehicle without a supervisor age 12 or older, when either the surrounding conditions present a significant risk to the child's health or safety, or the vehicle's engine is running or the keys are in the ignition. A violation is an infraction carrying a $100 fine, reducible or waivable under the same economic-hardship-plus-education-program path as the restraint penalty above. The statute doesn't preclude a separate prosecution under Penal Code § 192 (manslaughter) or § 273a (child endangerment) if the child is actually injured.

A 2027 change is coming to § 27363

The current text of § 27363 carries its own sunset clause: "This section shall remain in effect only until January 1, 2027, and as of that date is repealed." Stats. 2025, Ch. 434, Sec. 8 enacts a later operative version of § 27363, effective that same date, January 1, 2027 (see the leginfo enactment note for § 27363, cited below). This page describes the version of § 27363 in effect through December 31, 2026. Everything above about § 27363 describes only the text in effect through that date; readers who need the rule as it stands on or after January 1, 2027 should check the current statute directly.

Federal guidance vs. California law

The federal standard for car seats as products, FMVSS 213 (49 CFR 571.213), sets construction and crash-test requirements a seat must meet to be sold; it does not dictate how a California parent must use the seat. 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 can extend well past California's under-2/40-pound-or-40-inch statutory floor. That recommendation is safety guidance, not a legal requirement; California's own age, weight, and height thresholds in §§ 27360 and 27363 are what the law requires.

Disclaimer: This article provides general legal information about California's car seat law as of September 2026. It is not legal advice. Statutes, exemptions, and penalties change, including the amendment to § 27363 (Stats. 2025, Ch. 434, Sec. 8) taking effect January 1, 2027; verify the current text of the law before relying on it, and talk to a lawyer licensed in California about a specific situation.

Related California traffic law pages

• California DUI laws
• California window tint laws
• Car seat laws in every state

Statutes cited reflect their in-force version as of 2026-09-17. Last updated: 2026-09-17.

Frequently Asked Questions

When can a child face forward in California?

The rear-facing-specific requirement in Cal. Veh. Code § 27360(b) ends once a child turns 2 or, earlier, once the child weighs 40 pounds or more or is 40 inches or taller, whichever happens first. The broader under-8 restraint-system requirement in § 27360(a) still applies after that.

Can a child under 8 ride in the front seat in California?

Yes, if one of six circumstances in § 27363(e) applies, such as no rear seat, all rear seats occupied by children 7 or under, or a medical necessity. A separate, narrower rule bars only a rear-facing restraint from the front seat when an active passenger airbag is present.

What is the fine for a car seat violation in California?

A first offense is $100 and a second or later offense is $250 under Veh. Code § 27360.6, but a court can reduce or waive either fine if the driver is economically disadvantaged and completes a community education program.

Is it illegal to leave a young child alone in a car in California?

Yes, for a child 6 or younger left without a supervisor 12 or older, if there's a significant safety risk or the engine is running or the keys are in the ignition, under Veh. Code § 15620. It's an infraction with a $100 fine, reducible under the same hardship-plus-education path as the restraint penalty.

Is California's car seat law changing in 2027?

Yes. The current § 27363 repeals itself on January 1, 2027, and Stats. 2025, Ch. 434, Sec. 8 enacts the replacement text effective that same date. This page describes the law as it stands through December 31, 2026; check the current statute directly for the rule effective on or after January 1, 2027.