Vermont Car Seat Laws (2026): Ages, Booster & Penalty Rules

Vermont requires a rear-facing car seat until age 2, a forward-facing harness seat until age 5 (or the seat's own weight or height limit), and a booster seat until age 8, under 23 V.S.A. § 1258. 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 Vermont only. It does not address any other state. For other states, see the car seat laws hub.

Birth to age 2: rear-facing

Under 23 V.S.A. section 1258(a)(1), a child under 2 years old must be secured in a rear-facing child restraint system equipped with a harness. The statute states the requirement as a flat under-2 floor; it doesn't separately address a child who reaches the seat's own weight or height limit before turning 2, so a family in that situation should follow the seat manufacturer's own instructions alongside the statutory age floor.

Age 2 through 4: forward-facing harness

Once a child is no longer required to be rear-facing, section 1258(a)(2) requires a forward-facing restraint system with a harness for a child under 5. That requirement runs until the child reaches the seat's own weight or height limit, which is a seat-specific figure set by the manufacturer, not a fixed number in the statute itself.

Booster seat: age 5 through 7

Vermont law requires a booster seat for a child under 8 who is not already properly secured in a federally approved child restraint system under subdivision (1) or (2), under section 1258(a)(3). The statute does not set a separate weight or height figure for this stage beyond the age-8 cutoff itself.

Seat belt: ages 8 through 17

Once a child ages out of the booster requirement, Vermont's safety belt system requirement covers every child under 18, also under section 1258. In practice this is the rule for the 8-through-17 age range.

Where a child rides: a back seat preference, and an absolute front-seat bar for rear-facing seats

Section 1258(a)(5) directs that a child under 13 always ride in a rear seat of the vehicle, if practical. That "if practical" qualifier is written into the statute itself, so it's a real legal instruction rather than a strict, unconditional mandate, and the statute doesn't specify what counts as impractical.

Section 1258(a)(6) is a separate, and absolute, rule with no practicality qualifier: no child may be secured in a rear-facing child restraint system in the front seat of a vehicle equipped with an active passenger-side airbag, unless that airbag is deactivated. This provision applies regardless of whether the back seat is full or the vehicle only has two seats; a rear-facing seat and a live front passenger airbag cannot occupy the front seat together.

Exemptions

Section 1258(b) exempts three situations from the entire section. First, a vehicle that is regularly used to transport passengers for hire is exempt, except that this exemption does not extend to a vehicle owned or operated by a child care facility. Second, a vehicle manufactured without safety belts is exempt. Third, an individual who has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate individuals from a stricken area is exempt for that evacuation.

Smoking and cannabis use with a child passenger: two different rules

Vermont's in-vehicle smoking law, 23 V.S.A. section 1134b, is not one blanket rule against smoking with any child present. It contains two separate provisions with different scopes and penalties.

The tobacco rule, in subsection (a), prohibits possessing a lighted tobacco product or using a tobacco substitute in a vehicle occupied by a child who is required to be properly restrained under section 1258(a)(1) or (2), which in practice means a child under 5 who must be in a rear-facing or forward-facing-harness seat. A violation is a civil penalty of up to $100, with no license points.

The cannabis rule, in subsection (b), is broader: no person may use cannabis in a vehicle occupied by any child under 18, regardless of restraint stage. It's a misdemeanor, with fines that rise from $500 for a first violation to $750 for a second and $1,000 for a third or subsequent violation, plus 2 license points.

Tobacco use and cannabis use with a child passenger are governed by two different statutory scopes, ages, and penalty scales, and treating them as one blanket rule understates the cannabis penalty and overstates how broadly the tobacco ban reaches.

Penalty for a car seat violation

A violation of 23 V.S.A. section 1258 carries a $25 civil penalty for a first offense, $50 for a second, and $100 for a third or subsequent violation. The statute does not address license points or a purchase-proof waiver for this section.

Federal guidance vs. Vermont law: the "replace after a crash" claim

Vermont law does not require replacing a car seat after a crash. The National Highway Traffic Safety Administration (NHTSA), along with car seat manufacturers and safety advocates, commonly recommends replacing a seat after a moderate or severe crash, but that is safety guidance, not a Vermont legal requirement. Separately, the American Academy of Pediatrics recommends keeping a child rear-facing as long as the seat's own height and weight limits allow, which can mean longer than Vermont's own age-2 rear-facing floor; that, too, is guidance layered on top of the statutory minimum described above, not a substitute for it.

Related Vermont traffic law pages

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

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

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

Frequently Asked Questions

Until what age does Vermont require a car seat?

A rear-facing seat is required under age 2, a forward-facing harness seat under age 5 (or until the seat's own weight or height limit), and a booster seat under age 8, all under 23 V.S.A. section 1258. Children under 18 must otherwise be restrained by a safety belt.

Does Vermont require a child to ride in the back seat?

Vermont law directs that a child under 13 ride in the back seat whenever practical, under 23 V.S.A. section 1258(a)(5), a real instruction written with a practicality qualifier. Separately, and with no practicality qualifier at all, section 1258(a)(6) absolutely bars putting a rear-facing child restraint system in the front seat of a vehicle with an active passenger-side airbag unless the airbag is deactivated.

Is it illegal to smoke with a child in the car in Vermont?

It depends on the substance. Tobacco use is restricted only when a child who must be in a rear-facing or forward-facing-harness seat (in practice, under 5) is present, a civil penalty up to $100. Cannabis use is banned with any child under 18 present, a misdemeanor with escalating fines and license points, under 23 V.S.A. section 1134b.

What is the penalty for a car seat violation in Vermont?

A first violation of 23 V.S.A. section 1258 carries a $25 civil penalty, rising to $50 for a second violation and $100 for a third or subsequent violation.

Does Vermont law require replacing a car seat after a crash?

No. Vermont law does not require replacing a car seat after a crash. Recommendations to replace a seat after a moderate or severe crash come from the seat's manufacturer and NHTSA safety guidance, not a Vermont legal mandate.

Are there any exemptions from Vermont's car seat law?

Yes. Section 1258(b) exempts three situations: a vehicle regularly used to transport passengers for hire (except a vehicle owned or operated by a child care facility), a vehicle manufactured without safety belts, and an individual ordered by an enforcement officer, firefighter, or civil authority to evacuate a stricken area.