Mississippi
Mississippi Car Seat Laws (2026): Ages, Booster & Penalty
Independently fact-checked against primary sources (last audited September 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 4 primary sources cited on this page. How we verify our legal content

Mississippi requires a child passenger restraint device for every child under 4, and a belt-positioning booster seat for a child age 4 through 6 who hasn't yet reached both 4 feet 9 inches and 65 pounds, under Miss. Code Ann. § 63-7-301. 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 Mississippi only. It does not address any other state. For other states, see the car seat laws hub.
| Stage | Who | Rule | Statute |
|---|---|---|---|
| Child passenger restraint | Under age 4 | Child passenger restraint device or system meeting federal safety standards | Miss. Code Ann. § 63-7-301(1)(a) |
| Booster | Age 4, under 7, and under 4'9" or under 65 lbs | Belt-positioning booster seat | Miss. Code Ann. § 63-7-301(1)(b) |
| Third+ booster-age child, only 2 rear lap-shoulder belts | More than 2 booster-age children in the vehicle, rear seat has only 2 lap-and-shoulder belts | Only the 2 children in belted seats need the booster; any others may use a lap belt only | Miss. Code Ann. § 63-7-301(1)(c) |
Under 4: child passenger restraint device
Section 63-7-301(1)(a) requires every person transporting a child under 4 years old to protect that child with a child passenger restraint device or system meeting applicable federal motor vehicle safety standards. The statute doesn't split this stage into separate rear-facing and forward-facing sub-rules the way some other states do; it's the restraint's own manufacturer instructions, not a distinct Mississippi statutory provision, that governs when a child within this age group can move from rear- to forward-facing.

The booster stage: get the "or" right
Section 63-7-301(1)(b) requires a belt-positioning booster seat for a child "at least four (4) years of age, but less than seven (7) years of age and measures less than four (4) feet nine (9) inches in height or weighs less than sixty-five (65) pounds." Read that "or" carefully: a child ages 4 through 6 stays covered by the booster requirement as long as either condition, being under 4'9" or being under 65 pounds, is still true. That means a taller child who has passed 4'9" but still weighs under 65 pounds is still required to use a booster, and a heavier child who has passed 65 pounds but is still under 4'9" is also still required to use one. To exit the booster requirement before turning 7, a child has to have grown past both the height threshold and the weight threshold at the same time; reaching only one of the two size markers is not enough on its own to end the requirement early. This is a genuine trap in Mississippi's law: describing it as an "and" for who's covered, or treating either single threshold as an automatic exit, inverts what the statute actually says.
Section 63-7-301(1)(c), in the same subsection, adds a real-world carve-out for a family with more than two booster-age children: "If more than two (2) children who are required under subsection (1) of this section to use a booster seat are being transported in a vehicle at one time, and the vehicle only has two (2) lap and shoulder belts in the rear seat, then only the two (2) children sitting in the seats with the lap and shoulder belts are required to use a belt positioning booster seat system and safety belt, and any other children may be secured with a safety seat lap belt only." In practice, a third or later booster-age child can ride on a lap belt alone when the vehicle's rear seat only has two lap-and-shoulder belt positions.
Exemptions
Mississippi exempts several categories of vehicles and situations from the restraint requirement, under Miss. Code Ann. § 63-2-1(3). Vehicles registered for farm use, including implements of husbandry and farm tractors, are exempt. A passenger car operated by a U.S. Postal Service rural letter carrier or a utility meter reader while on duty is exempt. Buses are exempt. Separately, a person can be exempt from a belt requirement for a documented medical reason, if the operator or passenger has written physician verification of that reason.
No statutory front-seat or airbag rule
Mississippi's child passenger restraint statute doesn't regulate where a restraint may be placed relative to the front seat or an active airbag. If a family has heard advice about keeping a rear-facing seat out of the front seat, that's a safety recommendation from a manufacturer or a national safety organization, not a Mississippi statutory requirement.

Penalty
A violation of section 63-7-301 carries a fine of not more than $25 for each offense, under Miss. Code Ann. § 63-7-309. The statute doesn't build in a waiver for a driver who later shows proof of buying a compliant seat; the fine structure is a flat cap rather than a waivable-on-proof scheme. A 2026 bill, SB 2232, would have raised this fine to $100 and diverted the money to driver-safety education funds; it failed on the Senate floor on February 5, 2026, so the $25 cap remains current law.
Leaving a child unattended in a vehicle
Mississippi doesn't have a criminal statute written specifically for leaving a child alone in a parked car. That's a real gap, but it isn't the same as saying Mississippi has no law that could reach the scenario. The state's general child-neglect statute, Miss. Code Ann. § 97-5-39(1)(a), makes it a misdemeanor for a parent, guardian, or other person to intentionally, knowingly, or recklessly commit an act, or fail to perform a duty, that contributes to or tends to contribute to the neglect of a child, punishable by a fine of not more than $1,000, imprisonment of not more than a year, or both. A parent who leaves a young child alone in a vehicle under circumstances that amount to neglect could be exposed under this general provision, even without a dedicated vehicle-specific statute.
Federal guidance vs. Mississippi law
The federal standard governing car seats as products, FMVSS 213 (49 CFR 571.213), regulates what a manufacturer may sell, not how a parent must use the seat; Mississippi's own statute, described above, sets the use requirement. NHTSA 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, and moving through a forward-facing harness, a booster, and finally a seat belt in stages Mississippi's statute doesn't itself define by orientation. That's safety guidance, not a separate legal floor. A newer federal side-impact standard for car seats themselves, FMVSS 213a/213b, becomes mandatory for manufacturers on December 5, 2026; it changes what a seat must be built to withstand, not what Mississippi law requires a driver to do.
Related Mississippi traffic law pages
Disclaimer: This article provides general legal information about Mississippi'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 Mississippi about a specific situation.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Until what age does a child need a car seat in Mississippi?
A child passenger restraint device is required under age 4. From 4 up to 7, a booster is required unless the child has grown past both 4 feet 9 inches AND 65 pounds, under Miss. Code Ann. section 63-7-301.
Can a Mississippi child leave the booster seat once they reach 65 pounds?
Not necessarily. The statute requires a booster if the child is under 4 feet 9 inches OR under 65 pounds. Reaching only one of those two thresholds doesn't end the requirement; the child has to have passed both before turning 7.
What if I have three booster-age children and only two rear belts?
Section 63-7-301(1)(c) covers that. If more than two children who need a booster are riding at once and the vehicle's rear seat has only two lap-and-shoulder belts, only the two children in those belted seats must use a belt-positioning booster; any additional children may be secured with a lap belt only.
What is the penalty for a car seat violation in Mississippi?
A fine of not more than $25 for each offense, under Miss. Code Ann. section 63-7-309. There is no built-in waiver for later showing proof of purchasing a seat. A 2026 bill to raise this to $100, SB 2232, failed in the Senate.
Is it illegal to leave a child alone in a car in Mississippi?
Mississippi has no statute written specifically for leaving a child alone in a vehicle. Its general child-neglect law, Miss. Code Ann. section 97-5-39(1)(a), can still apply to a parent or guardian whose act or omission contributes to a child's neglect, with penalties up to a $1,000 fine or a year in jail.
Does Mississippi law require a rear-facing seat to stay out of the front seat?
No. Mississippi's child passenger restraint statute doesn't regulate placement relative to the front seat or airbags. Any front-seat guidance a family hears comes from safety organizations or seat manufacturers, not Mississippi law.
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
Independently fact-checked against the cited primary sources; 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.
Mississippi Code of 1972 Annotated
§ 63-7-301Requirement of device or belt positioning booster seat system; failure to provide and use device or belt positioning booster seat system not deemed negligence.In forcecited in 2 of our articles
(1)(a) Every person transporting a child under the age of four (4) years in a passenger motor vehicle, and operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting…
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at billstatus.ls.state.ms.us
Also relied on in: Car Seat Laws by State 2026: Rear-Facing, Booster, Front Seat Rules
§ 63-7-309Penalties.In force
Any person convicted of violating the provisions of Section 63-7-301 shall be fined not more than Twenty-five Dollars ($25.00) for each offense. HISTORY: Laws, 1983, ch. 400, § 5; Laws, 1990, ch. 358, § 1, eff from and after July 1, 1990.
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
§ 63-2-1Requirement of use of safety seat belt system by operator and passengers in passenger motor vehicle; protection of children.In force
(1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator and every passenger shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor…
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Cooper v. General Motors Corp. (Mississippi Supreme Court 1997, 702 So. 2d 428)“…Apparently, the majority is under the impression that even Miss. Code Ann. § 63-2-1 et seq., Mississippi's mandatory seat…”
- Boyd Tunica, Inc. v. Premier Transportation Services, Inc. (Court of Appeals of Mississippi 2010, 30 So. 3d 1242)“…en (15) or fewer passengers including the driver ...” Miss.Code Ann. § 63-2-1(2) (Supp.2009) (emphasis added). The sh…”
- Nowell v. State (Court of Appeals of Mississippi 2018, 246 So. 3d 77)“…senger are not wearing properly fastened seatbelts. See Miss. Code Ann. § 63-2-1 (1) (Rev. 2013); Austin , 72 So.3…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 97-5-39Contributing to the neglect or delinquency of a child; felonious abuse and/or battery of a child.In force
(1)(a) Except as otherwise provided in this section, any parent, guardian or other person who intentionally, knowingly or recklessly commits any act or omits the performance of any duty, which act or omission contributes to or tends to contribute to the neglect or delinquency of any child or which…
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Cited in 90 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Faraga v. State (Mississippi Supreme Court 1987, 514 So. 2d 295)“…while engaged in the underlying felony of child abuse. See Miss. Code Ann. § 97-5-39 (2) (Supp. 1984) (felonious child abuse…”
- Butler v. State (Mississippi Supreme Court 1992, 608 So. 2d 314)“…der this statute. Felonious child abuse is defined under Miss. Code Ann. § 97-5-39 (2) (Supp. 1991): § 97-5-39. Contribu…”
- Stevens v. State (Mississippi Supreme Court 2001, 806 So. 2d 1031)“…of felonious child abuse and/or battery of a child states, Miss.Code Ann. § 97-5-39(2)(2000) states: Any person who shall…”
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: Alabama Car Seat Laws (2026): Ages, Stages & Penalties, Alaska Car Seat Laws (2026): 5 Stages & Penalties, Arizona Car Seat Laws (2026): Booster Age & Penalty Rules
Sources and References
- Miss. Code Ann. 63-7-301, child passenger restraint device required: age/size staging and the third-child lap-belt allowance, as restated in the Mississippi Legislature's 2024 HB 1008 document(billstatus.ls.state.ms.us).gov
- Miss. Code Ann. 63-7-309, penalty for a child passenger restraint violation: $25 per offense, no waiver provision, as restated in the official Mississippi Legislature's 2026 SB 2232 document(billstatus.ls.state.ms.us).gov
- Mississippi Legislature, SB 2232 (2026) bill history: proposed raising the Section 63-7-309 fine to $100, failed on the Senate floor 2/5/26(billstatus.ls.state.ms.us).gov
- Miss. Code Ann. 63-2-1(3), vehicle and medical exemptions imported into the child passenger restraint law by 63-7-301(2), via Mississippi's official LexisNexis-hosted Code(lexisnexis.com)
- Miss. Code Ann. 97-5-39(1)(a), general contributing-to-neglect-of-a-child misdemeanor, via Mississippi's official LexisNexis-hosted Code(lexisnexis.com)
- 49 CFR 571.213, FMVSS No. 213: child restraint systems, federal product standard(ecfr.gov).gov
- American Academy of Pediatrics, Car Safety Seats: Information for Families(healthychildren.org)