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New Mexico car seat laws

N.M. Stat. Ann. § 66-7-369 · 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

Children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat.

§ 66-7-369(B)(1).

What the law sets

Rear-facing seat required by law
Yes
Rear-facing until age
1 year
Rear-facing until weight
Not addressed in statute

Not set in § 66-7-369(B)(1); the rear-facing rule is on age alone.

Rear-facing until height
Not addressed in statute

Not set in § 66-7-369(B)(1).

Leaving rear-facing
Meeting any one listed limit is enough

Age is the only limit: rear-facing is required until the first birthday.

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

Children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards.

§ 66-7-369(B)(2). The statute says "child passenger restraint device"; it does not use the words forward-facing or harness.

What the law sets

Forward-facing harness required by law
Yes

A child passenger restraint device meeting federal standards is required; the statute does not name a harness seat.

Harness until age
5 years

The rule covers children "one year of age through four years of age", so it ends at the fifth birthday.

Harness until weight
40 lb

Children weighing less than 40 pounds are covered regardless of age, so the child must reach 40 pounds.

Harness until height
Not addressed in statute

Not set in § 66-7-369(B)(2).

Leaving the harness
Every listed limit must be met

The rule covers a child through age four OR under 40 pounds, so a child must be five AND at least 40 pounds to move to the booster stage.

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

Children five years of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in either a child booster seat or an appropriate child passenger restraint device that meets federal standards.

§ 66-7-369(B)(3).

What the law sets

Booster required by law
Yes

A booster seat or an appropriate child passenger restraint device satisfies § 66-7-369(B)(3).

Booster until age
7 years

The rule covers children "five years of age through six years of age", so it ends at the seventh birthday.

Booster until weight
60 lb

Children weighing less than 60 pounds are covered regardless of age, so the child must reach 60 pounds.

Booster until height
Not addressed in statute

Not set in § 66-7-369(B)(3).

Leaving the booster
Every listed limit must be met

A child must be seven AND at least 60 pounds to leave the booster stage.

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

Children seven years of age through twelve years of age shall be properly secured in a child passenger restraint device or by a seat belt.

§ 66-7-369(B)(4). Under § 66-7-369(A) and (B), everyone under 18 must be restrained. A child is properly secured in an adult seat belt when the lap belt fits across the thighs and hips and not the abdomen and the shoulder strap crosses the center of the chest and not the neck (§ 66-7-369(C)).

What the law sets

Seat belt alone from age
7 years
Seat belt alone from height
Not addressed in statute

Not set in § 66-7-369; the stages run on age and weight.

Moving to the seat belt
A combination of conditions (see statute text)

The seat belt alone is allowed at seven, but a child under 60 pounds still needs a booster at any age (§ 66-7-369(B)(3)); there is no belt weight field, so the condition is written out.

Moving to the seat belt — conditions
age>=7yr AND weight>=60lb

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
Children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag.

§ 66-7-369(B)(1).

Minimum age for the front seat
1 year

Only children under one are kept out of the front seat; § 66-7-369 sets no seating rule for older children.

Conditions
A child under one rides in the rear seat if the vehicle has one. In a vehicle with no rear seat, the child may ride in front only if the passenger-side air bag is deactivated, or if the vehicle has no deactivation switch.

Penalties

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

First offense — fine
$25 – $300

"Child not in restraint device or seat belt" carries a $25 penalty assessment under § 66-8-116(A). A driver who does not accept the penalty assessment is tried for a misdemeanor, punishable under § 66-8-7(B) by a fine of not more than $300, imprisonment of not more than 90 days, or both.

Repeat offense — fine
$25 – $300

§ 66-7-369 sets no separate repeat penalty; the same $25 penalty assessment (§ 66-8-116(A)) and the same $300 misdemeanor maximum (§ 66-8-7(B)) apply to every offense.

License points
2 points

Two points for "Failure to restrain child passenger properly" under § 66-7-369, per the schedule of points in 18.19.5.52 NMAC (MVD form MVD11011, part F); § 66-7-369 itself sets no points.

Fine waiver
Not addressed in statute

Not set in § 66-7-369; there is no waiver of the fine on proof of buying a child restraint.

Exemptions

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

Taxis
Not addressed in statute

§ 66-7-369(A) excludes only authorized emergency vehicles, public transportation and school buses; it does not name taxicabs, and a taxi is a passenger car or van.

Rideshare (Uber, Lyft)
Not addressed in statute

§ 66-7-369 does not name transportation network companies or their drivers.

Buses
Exempt

§ 66-7-369(A) applies to a passenger car, van or pickup truck "except for an authorized emergency vehicle, public transportation or a school bus".

Medical exemption
Not addressed in statute

§ 66-7-369 has no medical exemption; the physician's statement in § 66-7-372(B) applies to the adult safety belt requirement, not to child restraints.

Out-of-state vehicles
Not addressed in statute

§ 66-7-369 does not address nonresident drivers or out-of-state vehicles.

How New Mexico compares

New Mexico is tied for 39th of 47 jurisdictions with a numeric booster age: 3 jurisdictions, including New Mexico, require a booster until age 7.

Compared with Arizona, Colorado, Oklahoma, and Texas, New Mexico differs on: rear-facing rules (from Arizona, Colorado, Oklahoma, and Texas), booster rules (from Arizona, Colorado, Oklahoma, and Texas), and front-seat rules (from Arizona, Colorado, Oklahoma, and Texas).

Law compared with the AAP recommendation

  • New Mexico law: a rear-facing seat is required until the child reaches age 1. 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.
  • New Mexico law: a forward-facing harness seat is required until the child reaches age 5 and 40 lb. 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.
  • New Mexico law: a booster seat is required until the child reaches age 7 and 60 lb. 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.
  • New Mexico law: a child may use the seat belt alone once this condition is met: age ≥ 7 yr and weight ≥ 60 lb. 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 New Mexico

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 New Mexico Motor Vehicle Division.

State law

Recommendations

Disclaimer

This page summarizes New Mexico 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 New Mexico Motor Vehicle Division before relying on anything here.