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Delaware car seat laws

21 Del. C. § 4803 · Last checked September 23, 2026

Car seat stages

The statute text comes first. Numbers are a summary for comparison, not a replacement for the law.

Rear-facing seat

Statute text

A child under the age of 2 years and less than 30 pounds shall be properly secured in a rear-facing child restraint equipped with a 5-point harness.

§ 4803(a)(2).

What the law sets

Rear-facing seat required by law
Yes
Rear-facing until age
2 years
Rear-facing until weight
30 lb
Rear-facing until height
Not addressed in statute

Not set in § 4803(a).

Leaving rear-facing
Meeting any one listed limit is enough

The rule covers a child under 2 AND under 30 pounds, so reaching either age 2 or 30 pounds ends the requirement.

Recommended (not law)

NHTSA

Children under age 1 should always ride in a rear-facing car seat. Keep your child rear-facing as long as possible — it's the best way to keep them safe — until they reach the top height or weight limit allowed by the car seat's manufacturer.

NHTSA – Car Seats and Booster Seats

AAP

All infants should ride rear-facing, starting with their first ride home from the hospital, and should continue riding rear-facing as long as possible until they reach the highest weight or height allowed by their car safety seat's manufacturer.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Forward-facing harness seat

Statute text

A child under the age of 4 and less than 40 pounds shall be properly secured in a child restraint equipped with a 5-point harness. This restraint shall be either rear-facing or forward facing until they reach the upper height or weight limits of the restraint.

§ 4803(a)(3).

What the law sets

Forward-facing harness required by law
Yes

A five-point harness is required; it may face rear or forward.

Harness until age
4 years
Harness until weight
40 lb

The harness must also be used until the child reaches the seat's upper height or weight limit; that manufacturer limit is not a number in § 4803(a)(3).

Harness until height
Not addressed in statute

Not set in § 4803(a)(3); the statute refers to the restraint's upper height limit set by the manufacturer.

Leaving the harness
Meeting any one listed limit is enough

The rule covers a child under 4 AND under 40 pounds, so reaching either age 4 or 40 pounds ends the numeric requirement.

Recommended (not law)

NHTSA

Once a child outgrows the rear-facing car seat, they are ready for a forward-facing car seat with a harness and tether. Keep the child in the forward-facing seat until they reach the top height or weight limit allowed by the car seat's manufacturer, then move to a booster seat, still in the back seat.

NHTSA – Car Seats and Booster Seats

AAP

Children should use a forward-facing car seat with a harness after outgrowing the rear-facing weight or height limit. It is best for children to ride in a seat with a harness as long as possible, at least to 4 years of age.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Booster seat

Statute text

A child shall be properly secured in a belt-positioning booster until they reach the upper height or weight limits of the restraint per the manufacturer's guidelines.

§ 4803(a)(4).

What the law sets

Booster required by law
Yes
Booster until age
Not addressed in statute

Not set in § 4803(a)(4); the booster stage has no age limit.

Booster until weight
Not addressed in statute

Not set in § 4803(a)(4); the limit is the booster manufacturer's upper weight limit.

Booster until height
Not addressed in statute

Not set in § 4803(a)(4); the limit is the booster manufacturer's upper height limit.

Leaving the booster
No numeric limit (see statute text)

The booster ends when the child reaches the booster's upper height or weight limit set by the manufacturer.

Recommended (not law)

NHTSA

Keep your child in a booster seat until they are big enough to fit in a seat belt properly — the lap belt lying snugly across the upper thighs (not the stomach) and the shoulder belt snug across the shoulder and chest (not the neck or face).

NHTSA – Car Seats and Booster Seats

AAP

All children whose weight or height exceeds the forward-facing limit for their car safety seat should use a belt-positioning booster seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are 8 to 12 years of age.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Seat belt

Statute text

Every child who has reached the upper height and weight limits per the manufacturer's guidelines of a belt-positioning booster seat and has not yet attained the age of 16 shall, in all seating positions, wear a properly-secured seatbelt while in a motor vehicle operated on the roadways, streets, or highways of this State.

§ 4803(a)(5).

What the law sets

Seat belt alone from age
Not addressed in statute

Not set in § 4803(a)(5); the seat belt follows outgrowing the booster, not an age.

Seat belt alone from height
Not addressed in statute

Not set in § 4803(a)(5); the seat belt follows the booster manufacturer's upper height and weight limits.

Moving to the seat belt
No numeric limit (see statute text)

A child moves to the seat belt after reaching the booster's upper height and weight limits per the manufacturer.

Recommended (not law)

NHTSA

Once a child is big enough to fit in a seat belt properly, they can ride with just the lap-and-shoulder belt, but should still ride in the back seat — NHTSA recommends keeping children in the back seat at least through age 12.

NHTSA – Car Seats and Booster Seats

AAP

Children should transition to the vehicle seat belt once it fits properly, typically at about 4 feet 9 inches in height and 8 to 12 years of age; all children younger than 13 years should ride in the back seat.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Front seat

Many states have no front-seat age in statute. Where that is the case, we say so and cite the section we read.

Front seat — statute text
No child who is 5′5″ or less in height and who is under 12 years of age shall occupy the front passenger seat of any vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable in conformity with federal law.

§ 4803(b)(1).

Minimum age for the front seat
12 years

The rule applies only to a child who is both under 12 and 5 feet 5 inches or shorter, so a child taller than 5 feet 5 inches is not covered.

Conditions
Applies only in a seat with an active passenger-side airbag, and not to airbags designed for children and small adults. A child may ride in front if the vehicle has no rear seat or all rear seats are taken by other children under 12 and 5 feet 5 inches or shorter. This is a secondary offense (§ 4803(b)(2)).

Penalties

What a car seat ticket costs, and whether showing proof of a proper seat can cancel it.

First offense — fine
$0

No fine for a first offense; referral to the Office of Highway Safety. § 4803(c) sets a fine only for a second or subsequent violation and says law enforcement should refer to an Office of Highway Safety car seat fitting station.

Repeat offense — fine
$25

§ 4803(c): a second or subsequent violation is punishable by a fine of $25 for each violation.

License points
None

Not set in § 4803. The DMV point schedule (2 DE Admin. Code 2208 § 4.1) does not list § 4803; its catch-all covers moving violations in Chapters 27, 41 or 42 of Title 21, and § 4803 is in Chapter 48.

Fine waiver
Not addressed in statute

Not set in § 4803; the section has no waiver on proof of a seat.

Exemptions

Exempt means the statute excludes it. Silent means the statute does not address it.

Taxis
Exempt

§ 4803(a)(1): the duty does not apply to a "taxicab" as defined in § 1801 of Title 2.

Rideshare (Uber, Lyft)
Not addressed in statute

§ 4803 does not address transportation network companies.

Buses
Not addressed in statute

§ 4803(a)(1) excludes only a "charter bus," "limousine" and "taxicab" by name; it does not address school buses or other buses.

Medical exemption
Not addressed in statute

§ 4803 has no medical exemption; the physician exemption in § 4802(c)(1) is written for § 4802.

Out-of-state vehicles
Not addressed in statute

§ 4803 does not address nonresident drivers or out-of-state vehicles.

How Delaware compares

Delaware is not ranked on booster age because its law uses a seat-belt-fit test instead of a numeric limit.

Compared with Maryland, New Jersey, and Pennsylvania, Delaware differs on: rear-facing rules (from Maryland and Pennsylvania), booster rules (from Maryland, New Jersey, and Pennsylvania), and front-seat rules (from Maryland, New Jersey, and Pennsylvania).

Law compared with the AAP recommendation

  • Delaware law: a rear-facing seat is required until the child reaches age 2 or 30 lb, whichever comes first. AAP recommends: All infants should ride rear-facing, starting with their first ride home from the hospital, and should continue riding rear-facing as long as possible until they reach the highest weight or height allowed by their car safety seat's manufacturer.
  • Delaware law: a forward-facing harness seat is required until the child reaches age 4 or 40 lb, whichever comes first. AAP recommends: Children should use a forward-facing car seat with a harness after outgrowing the rear-facing weight or height limit. It is best for children to ride in a seat with a harness as long as possible, at least to 4 years of age.
  • Delaware law: a booster seat is required, with no numeric limit in the statute. AAP recommends: All children whose weight or height exceeds the forward-facing limit for their car safety seat should use a belt-positioning booster seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are 8 to 12 years of age.
  • Delaware law: a child may use the seat belt alone once it fits, with no numeric limit in the statute. AAP recommends: Children should transition to the vehicle seat belt once it fits properly, typically at about 4 feet 9 inches in height and 8 to 12 years of age; all children younger than 13 years should ride in the back seat.

See every state side by side on the comparison pages.

Guides covering Delaware

Sources

State law comes from the statute or state agency below. Recommendations come from NHTSA and the American Academy of Pediatrics. The responsible agency is Delaware Office of Highway Safety.

State law

Recommendations

Disclaimer

This page summarizes Delaware law for reference. It is not legal or medical advice. The statute text is the law; the numbers are our summary of it. Legal minimums are not safety recommendations: NHTSA and the AAP recommend keeping a child in each stage for as long as the seat allows. Check the statute or Delaware Office of Highway Safety before relying on anything here.