New Mexico Car Seat Laws - Updated & Simplified
Table of Contents
New Mexico Car Seat Laws
New Mexico Car Seat Laws (NM Statutes 66-7-369 and 66-7-372)
What do the child safety passenger restraint laws in New Mexico say?
NM Statute 66-7-369 – Child passenger restraint system
- Newborns and Infants under 12 months of age must be properly secured in a rear-facing child passenger restraint device in the rear seat of a vehicle. If the vehicle is not equipped with a back seat, the child may ride in the front seat if the airbag can be
- Toddlers aged 1-4 years of age, or children weighing less than 40 lbs, must be properly secured in a child restraint device that meets federal standards.
- Preschoolers and school-aged children between 5-6 years, irrespective of weight, or children weighing less than 60 lbs. irrespective of age, must be properly secured in either a child booster seat or an appropriate child passenger restraint device.
- School-age children between 7-12 years must be properly secured in a child passenger restraint device or a seat belt.
- Seat belt: You shall ensure the seat belt properly secures the child by making sure the lap part fits across the child’s thighs and hips and not the abdomen. The shoulder part must cross the center of the child’s chest and not the neck. And the child must be able to sit all the way back in the vehicle seat with the back against the seat, and the knees bent over the seat edge. child secured by a seat belt must
NM Statute 66-7-372 – Safety Belt Use
Each occupant (other than a child to be secured by a restraint system) of a motor vehicle must have a safety belt properly fastened about their body when the car is in motion.
More on the Law
- An exemption is made for the seat belt law. An occupant who, for medical reasons, may not be able to wear a seatbelt shall provide a written statement from a licensed physician.
- A violation of the New Mexico car seat laws shall attract a fine of $25.
New Mexico Car Seat Laws Rear Facing
New Mexico is very clear about the rear-facing car seat. Newborns and infants under 1 year must be secured in a rear-facing car seat installed in the back seat.
The law makes an exception for vehicles not equipped with a rear seat. A rear-facing car seat can be installed in the front seat of such cars.
An example is the single cab truck that doesn’t have a back seat. However, you want to ensure the truck’s front seat is equipped with the necessary features to install a car seat.
On the other hand, you are recommended to use a rear-facing car seat for your child till they are up to 2 years old, according to the American Academy of Pediatrics.
Car seat manufacturers also recommend using a car seat for this long and include weight and height limits; when your child outgrows, they are transitioned to a forward-facing car seat.
New Mexico Car Seat Laws Forward Facing
New Mexico car seat laws only mention rear-facing and booster seats but do not mention a forward-facing car seat which is also among the types of car seats.
However, the law says toddlers aged 1-4 years, irrespective of age or children weighing less than 40 lbs., must be properly secured in a child restraint device that meets federal standards.
The appropriate child restraint device after a rear-facing car seat is the forward-facing. As such, when your child outgrows the limit (weight and height) set by the manufacturer for the rear-facing, you should get a forward-facing car seat.
To save the hassles of changing car seats that may not even have expired before the next, you should get a convertible car seat from the get-go for your newborn.
A convertible car seat gives you the options of rear-facing and then forward-facing when your child outgrows the weight and height limit for the rear-facing. This also saves you more money in the long term. A con to this may be convenience, as it is heavier and bulkier than an infant seat.
Here’s how to choose a convertible car seat. According to AAP, you are advised to buy a car seat 3 weeks before your due date when pregnant, so you have ample time to decide on one and install it.
New Mexico Booster Seat Laws
New Mexico car seat laws require preschoolers and school-aged children between 5-6 years old to ride in a booster seat or an appropriate child restraint system.
Car seat manufacturers recommend the forward-facing car seat for children from 2-4 years up to 8 years, and the booster seat from 8-12 years, depending on the child’s weight and height.
Therefore, the appropriate car seat for a 5/6-year-old is a forward-facing car seat.
A booster seat is used when a child has outgrown the limits for the forward-facing safety seat, usually from 8 years up to 12 years.
However, since the New Mexico car seat laws allow this flexibility (a 5/6-year-old to use a booster seat), it will not be a violation to follow what the law says; so far, you have your child properly secured in a car seat.
A belt-positioning booster seat must be secured with a combination of the lap and shoulder belt.
New Mexico Seat Belt Laws
New Mexico requires school-aged children from 7 to 12 years old to be properly secured with a child restraint device or a seat belt.
National best safety practices recommend that a child only use a seat belt if they are big enough for the seat belt to fit on them properly.
The NM car seat laws also mention that and gives a guideline to let you know when the seat belt fits securely on your child:
“You shall ensure the seat belt properly secures the child by making sure the lap part fits across the child’s thighs and hips and not the abdomen. The shoulder part must cross the center of the child’s chest and not the neck. And the child must be able to sit all the way back in the vehicle seat with the back against the seat, and the knees bent over the seat edge”
By this, let your child ride in the booster seat until they are 12 years old or big enough to fit in the safety belt.
Most car seat manufacturers will recommend that a child outgrows the weight and height of a booster seat before transitioning to using the seat belt.
Other Car Seat Laws You Need to Know About in New Mexico
Car Laws for Other Passengers in a Car
All other occupants of a vehicle must make use of a seat belt.
New Mexico Car Seat Laws Front Seat – Can A Child Sit in The Front Seat?
New Mexico car seat laws require newborns and infants under 12 months to ride rear-facing and in the back seat.
The laws exempt vehicles that do not have a rear seat to ride a child in the front seat, but the airbag must be deactivated.
The law does not mention again on seating position in a car seat.
However, you want to be careful about your child’s safety. The recommended place for children under 13years to ride in the back seat, while the safest spot is the middle rear.
New Mexico Car Seat Laws for Ubers, Taxis, or Cabs
New Mexico does not mention taxis in the car seat laws.
Regardless, remember your child’s safety is your responsibility as the parent. You should still make use of a car seat while in a taxi. No one can tell what will happen. Your child should be protected just as you, too, wearing a safety belt just for any eventuality.
You can install your infant seat without the base when in a taxi which makes it convenient.
Can You Leave a Child in Your Car Alone in New Mexico?
There is currently no law about leaving a child alone in a car in New Mexico.
However, in 2015, a house bill was proposed to enact a law that will prohibit leaving a child under 10 years unattended in a motor vehicle for longer than 5 minutes without an individual of at least 14 years to supervise them.
The bill only passed the first reading, and nothing has been heard again.
On the other hand, the New Mexico Department of Health urges parents and caregivers to never leave a child unattended in a car.
The danger it poses can be overwhelming, ranging from the child putting the car in motion to extreme temperature leading to death. The NMDOH reported that between 19998-2015, there were 9 deaths recorded as a result of heatstroke after being ‘intentionally or unintentionally’ left in the car.
A car can get very hot in a matter of minutes. The interior temperature in a vehicle can rise almost 20 °F in under 10 minutes.
When it’s the hot season, you should keep a baby cool, and warm in winter, but you should never leave a child alone in the car.
Smoking Around Children in Cars – is it illegal?
It is unlawful to smoke in a car when a child is present. The bill proposed in 2015 passed the first reading in February of the same and the final reading later that same month.
A first-time violation of the law attracts a fine of $100.
Second-hand smoke is harmful to children and poses serious health risks, including ear infections, respiratory infections, and sudden infant death syndrome (SIDs).
Helpful Resource for New Mexicans - Car Seat Inspections
Here are some go-to resources for more help for your car seat installation, car seat inspection, and more in New Mexico.
- NHTSA Car Seat Inspection Stations directory – Inspection station locator
- Safer New Mexico Now – Car Seat Inspection Events
- City of Albuquerque – Car Seat Safety & Installation
- New Mexico State University Fire Department – Child Safety Seat Inspection
