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North Dakota car seat laws

N.D.C.C. § 39-21-41.2 · 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

Not addressed in statute.

Not set in N.D.C.C. § 39-21-41.2; the section requires a child restraint system for a child under eight but names no rear-facing or harness stage.

What the law sets

Rear-facing seat required by law
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2; the section requires a child restraint system for a child under eight but names no rear-facing or harness stage.

Rear-facing until age
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

Rear-facing until weight
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

Rear-facing until height
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

Leaving rear-facing
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

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

Not addressed in statute.

Not set in N.D.C.C. § 39-21-41.2; the section requires a child restraint system for a child under eight but names no rear-facing or harness stage.

What the law sets

Forward-facing harness required by law
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2; the section requires a child restraint system for a child under eight but names no rear-facing or harness stage.

Harness until age
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

Harness until weight
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

Harness until height
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

Leaving the harness
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

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

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. However, a child under the age of eight who is at least fifty-seven inches [1.45 meters] tall is not required to use a child restraint system, but must be correctly buckled in a safety belt.

N.D.C.C. § 39-21-41.2(1). The statute does not name booster seats; it requires any child restraint system, and these booster fields record when that requirement ends.

What the law sets

Booster required by law
Yes

Any child restraint system meeting 49 CFR 571.213 satisfies § 39-21-41.2(1); a booster is not specifically required.

Booster until age
8 years
Booster until weight
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2.

Booster until height
57 in (4 ft 9 in)

The statute says "at least fifty-seven inches", so a child of exactly 57 inches may leave the restraint.

Leaving the booster
Meeting any one listed limit is enough

A child leaves the requirement on turning eight or on reaching 57 inches, whichever comes first.

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

While the motor vehicle is moving, 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.

N.D.C.C. § 39-21-41.2(1). A child under eight who is at least 57 inches tall must also be correctly buckled in a safety belt.

What the law sets

Seat belt alone from age
8 years
Seat belt alone from height
57 in (4 ft 9 in)
Moving to the seat belt
Meeting any one listed limit is enough

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
Not addressed in statute

No front-seat provision in N.D.C.C. § 39-21-41.2.

Minimum age for the front seat
Not addressed in statute

No front-seat provision in N.D.C.C. § 39-21-41.2.

Conditions
Not addressed in statute

No front-seat provision in N.D.C.C. § 39-21-41.2.

Penalties

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

First offense — fine
$25

A violation is a noncriminal traffic violation (N.D.C.C. § 39-06.1-02); § 39-06.1-06(2)(c) sets the statutory fee for a violation of § 39-21-41.2 at $25.

Repeat offense — fine
$25

§ 39-06.1-06(2)(c) sets one $25 fee for every violation; there is no separate repeat penalty.

License points
1 point

N.D.C.C. § 39-06.1-10(3), item 34: failing to have a minor in a child restraint system or seatbelt in violation of § 39-21-41.2 is 1 point.

Fine waiver
Not addressed in statute

Not set in N.D.C.C. § 39-21-41.2. Under § 39-06.1-02(3) the hearing official may waive, reduce or suspend any statutory fee, but no proof-of-seat waiver exists.

Exemptions

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

Taxis
Not addressed in statute

N.D.C.C. § 39-21-41.2 does not address taxis or vehicles for hire.

Rideshare (Uber, Lyft)
Not addressed in statute

N.D.C.C. § 39-21-41.2 does not address transportation network companies.

Buses
Not addressed in statute

N.D.C.C. § 39-21-41.2 does not name buses; it excuses only motor vehicles that were not equipped with safety belts when manufactured.

Medical exemption
Not addressed in statute

N.D.C.C. § 39-21-41.2 has no medical exemption; the physician-statement exemption in § 39-21-41.4 is written for the adult safety belt rule. § 39-21-41.2 does not apply when a child is transported in an emergency situation.

Out-of-state vehicles
Not addressed in statute

N.D.C.C. § 39-21-41.2 does not address nonresident drivers or out-of-state vehicles.

How North Dakota compares

North Dakota is tied for 6th of 47 jurisdictions with a numeric booster age: 33 jurisdictions, including North Dakota, require a booster until age 8.

Compared with Minnesota, Montana, and South Dakota, North Dakota differs on: rear-facing rules (from Minnesota and Montana), booster rules (from Minnesota, Montana, and South Dakota), and front-seat rules (from Minnesota).

Law compared with the AAP recommendation

  • North Dakota law does not address this stage. 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.
  • North Dakota law does not address this stage. 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.
  • North Dakota law: a booster seat is required until the child reaches age 8 or 57 in, whichever comes first. 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.
  • North Dakota law: a child may use the seat belt alone once reaching age 8 or 57 in, whichever comes first. 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 North Dakota

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 North Dakota Department of Health and Human Services, Child Passenger Safety Program.

State law

Recommendations

Disclaimer

This page summarizes North Dakota 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 North Dakota Department of Health and Human Services, Child Passenger Safety Program before relying on anything here.