Delaware Car Seat Laws - Updated & Simplified

Delaware Car Seat Laws

The State of Delaware Seat Laws (DE Statutes 21.48. and 21.48.4803)

What does the Occupant Protection System Safety Act in Delaware say?

Section 4803. Child restraint in motor vehicles.

Children under 7 years and weighing under 65 lbs. shall be properly secured according to the manufacturer’s instruction in a child safety seat or booster seat appropriate for the child’s weight and height and meets federal safety standards.
Children 8-16 years and weighing more than 65 lbs. shall be secured by a properly fastened seatbelt.
No child measuring less than 65 inches in height and is less than 12 years old shall occupy the front passenger seat with an activated airbag.

Rear Facing

Delaware laws do not specify types of car seats but direct that an appropriate car seat that meets a child’s weight and height requirement according to the car seat manufacturer is used.

As recommended by the American Academy of Pediatrics and the National Highway Traffic Safety Administration, infants and toddlers under 2 years of age must be in a ride rear-facing car seat.

Car seat manufacturers instruct that this guideline be followed.

Therefore, a child under 2 years must be properly secured in a rear-facing infant car seat.

Forward Facing

A forward-facing car seat is to be introduced when a child outgrows the weight and height limit for the rear-facing infant seat.

A child is to remain in a forward-facing car seat until they outgrow the weight and height limits set by the manufacturer.

A recommended car seat to buy that can accommodate your child for a longer time in both positions will be a convertible car seat. This type of car seat can be used in rear-facing and later converted to forward-facing. This will be a good option when planning a car seat to buy during pregnancy. Here’s a guide on how to choose a convertible car seat.

Booster Seat

The State of Delaware requires that a child under 7 years and weighing less than 65lbs. rides in a child safety seat or booster seat.

However, when a child outgrows the forward-facing limits according to the manufacturer’s instructions, such child can ride in a belt-positioning booster seat.

Seat Belt Laws

Delaware seat belt law requires that children 8-16 years and weighing more than 65 lbs. be secured by a properly fastened seat belt.

On the other hand, you have to ensure your child is big enough for the seat belt to fit correctly and securely before transitioning from a booster seat; else, you let your child ride in a booster seat till they are big enough.

Usually, a child will be enough to fit in a seat belt by 8-12 years.

Other Car Seat Laws You Need to Know About in Delaware

Other Passengers in a Car

A safety seat belt must secure the driver and front-seat passenger in any vehicle.

Front Seat in Delaware – Can A Child Sit in The Front Seat?

A child can ride in all seating positions, including the front seat, but under the following conditions:

A child under 12 years and less than 65 inches in height may occupy the front seat if the front seat passenger-side airbag has been deactivated, and;
If the vehicle does not have a rear passenger seat or all the rear seats, have been occupied by other children 65 inches or less and under 12 years.

On the other hand, the legal age for a child to ride in the front seat is 13 years.

Also, note that the safest spot to install a car seat in a vehicle is in the middle back seat.

Car Laws for Ubers, Taxis, or Cabs

Taxicabs are exempted from the Delaware car seat laws.

As a parent or legal guardian of a child, you are still responsible for their safety. You should ensure to use an appropriate car seat when taking a taxicab.

To make it even easier for you, you don’t need to install your infant seat with the base. You can do that without the base. This here will help you in installing your infant seat without base.

Leaving a Child Unattended in a Vehicle in Delaware

The State of Delaware has no laws that prohibit leaving a child alone in a vehicle. However, the Town of Clayton strongly recommends against it and has helpful prevention tips called ACT to help you remember your child in the rear seat before leaving.

Smoking Around Children in Cars – is it illegal?

Smoking is not permitted in any private vehicle used for the public transportation of children or daycare transportation and in private homes or private residences used for childcare or daycare.

While this law does not exactly prohibit parents from smoking around a child in a private car, it indirectly discourages it by the bold statements for childcare homes and vehicles.

You are encouraged to avoid smoking around children as secondhand smoke is harmful to a child’s health. Exposure leads to serious health risks such as asthma attacks, pneumonia, ear infections, respiratory infections, bronchitis, and sudden infant death syndrome (SIDS).

Helpful Resource In Delaware

Here are some go-to resources for more help on car seat safety, installation, and inspection in Delaware:

NHTSA Car Seat Inspection Stations directory – here
State of Delaware State Car Seat Fitting Stations
Delaware Public Health District – Car Seat Inspection Stations
Secure the Kids – Certified Child Passenger Safety Technician, Delaware Office of Highway Safety.

Delaware Car Seat Laws - Updated & Simplified

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