North Dakota Car Seat Laws (2026): Ages, Rules & Penalties

North Dakota requires a child restraint system for every child under 8 in a vehicle, unless the child is at least 57 inches tall, in which case a correctly buckled seat belt is enough, under N.D.C.C. § 39-21-41.2. Children 8 through 17 must be in an approved restraint system or a correctly buckled seat belt. 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 North Dakota only. It does not address any other state. For other states, see the car seat laws hub.

North Dakota's restraint duty and the 57-inch exception

North Dakota's statute is built around a single age-8 line, not a rear-facing/forward-facing/booster progression, and it has no front-seat or seating-position rule at all. Section 39-21-41.2(1) states plainly: "If a child, under eight years of age, is present in a motor vehicle, that motor vehicle must be equipped with at least one child restraint system for the child." The one exception written into the same subsection is height-based rather than weight-based: "A child under the age of eight who is at least fifty-seven inches tall is not required to use a child restraint system, but must be correctly buckled in a safety belt." A child who hits that height mark before turning 8 can lawfully move to a seat belt; a child who hasn't reached it still needs the restraint system regardless of weight.

Two more operative duties sit in the same subsection. The restraint device itself has to meet a federal standard: "The child restraint system must meet the standards adopted by the United States department of transportation for those systems," which is FMVSS 213 (49 CFR 571.213). And having the restraint present in the vehicle isn't enough on its own: "While the motor vehicle is in motion, the child must be properly secured in the child restraint system in accordance with the manufacturer's instructions." That second duty is a use requirement, not a product standard, and it's what a citation for an unbuckled child in an otherwise-present car seat would rest on.

Ages 8 through 17: restraint system or seat belt

Once a child turns 8, the same subsection gives families a choice rather than mandating one device: "Each child of eight through seventeen years of age who is in the motor vehicle must be in an approved child restraint system in accordance with the manufacturer's instructions or correctly buckled in a safety belt." Either option satisfies the law for this age range.

Exemptions

North Dakota's child-restraint statute doesn't apply to motor vehicles that weren't equipped with safety belts when they were manufactured, and it doesn't apply to a child being transported during a genuine emergency situation. The section also closes with a civil-liability rule: a violation isn't, in itself, evidence of negligence, and the fact of a violation isn't admissible in any proceeding other than one charging the violation.

Separately, North Dakota's general seat belt statute for older occupants, section 39-21-41.4, carries its own exemptions, including implements of husbandry, farm vehicle operators, rural mail carriers on duty, a medical exemption backed by a signed writing from a physician, physician assistant, or advanced practice registered nurse, EMS personnel providing direct patient care, and situations where every safety belt in the vehicle is already in use by other occupants. That statute governs seat belt use generally rather than the child-restraint requirement specifically.

Penalty for a car seat violation

North Dakota fixes the amount by statute. N.D.C.C. section 39-06.1-06, in the fee schedule for a noncriminal disposition, sets a $25 fee specifically for "a violation of section 39-21-41.2," the child-restraint statute. That fee is assessed under the same noncriminal-disposition process that covers other moving violations; a separate catch-all provision elsewhere in chapter 39-21, section 39-21-46, applies only to an act for which a fee or penalty isn't otherwise provided, which isn't the case here since section 39-06.1-06 already sets one. Separately, the Department of Transportation's demerit-point schedule, section 39-06.1-10, assesses 1 point against a driving record for failing to have a minor in a child restraint system or seat belt in violation of section 39-21-41.2.

A 2023 change to enforcement

North Dakota repealed section 39-21-41.5 in 2023 (S.L. 2023, ch. 362, § 2). That section had made the general seat belt law secondary enforcement only, meaning an officer could only cite a seat belt violation after stopping a driver for something else. With it repealed, nothing in the code caps the seat belt or child-restraint requirements to secondary enforcement, so an officer is no longer barred by that specific provision from stopping a vehicle for a belt or restraint violation on its own. This is a change in what the law permits; drivers should treat it as a real but recent legal shift rather than a settled, long-standing rule.

Federal guidance vs North Dakota law

The federal standard that governs child car seats as products, FMVSS 213 (49 CFR 571.213), regulates what a manufacturer may sell, not how a parent must use the seat; North Dakota's own statute, described above, sets the use requirement. 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. That's safety guidance, not a North Dakota legal floor, and it can call for a longer rear-facing period than North Dakota's own 57-inch, under-8 framework requires.

Related North Dakota traffic law pages

• North Dakota DUI laws
• North Dakota window tint laws
• Car seat laws in every state

Disclaimer: This article provides general legal information about North Dakota'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 North Dakota about a specific situation.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.

Frequently Asked Questions

At what age can a child stop using a car seat in North Dakota?

A child under 8 needs a child restraint system unless already at least 57 inches tall, in which case a correctly buckled seat belt is enough. From 8 through 17, a child may use either an approved restraint system or a seat belt, under N.D.C.C. section 39-21-41.2(1).

What is the fine for a car seat violation in North Dakota?

$25, under N.D.C.C. section 39-06.1-06's fee schedule for a violation of section 39-21-41.2. The Department of Transportation separately assesses 1 demerit point for failing to have a minor in a child restraint system or seat belt.

Did North Dakota change its seat belt enforcement rules recently?

Yes. In 2023, North Dakota repealed the statute that had made the seat belt law secondary enforcement only. With it gone, nothing in the code caps the belt or child-restraint requirements to secondary enforcement, so an officer isn't barred by that provision from stopping a vehicle for the violation alone.

Does North Dakota's car seat law apply to every vehicle?

No. It doesn't apply to vehicles that weren't equipped with safety belts when manufactured, or to a child being transported during a genuine emergency situation.