Georgia Child Car Seat Laws

Car accidents are one of the leading causes of injury for children in the United States. In many cases, the right car seat can make the difference between a child walking away unharmed and facing a severe injury or even death. That is why Georgia has some of the strictest child passenger safety laws in the country. 

Here is what you need to know.

What Is Georgia’s Child Car Seat Statute?

What Is Georgia’s Child Car Seat Statute?

Georgia’s main child passenger safety statute is O.C.G.A. § 40-8-76. It sets out when children must use car seats or boosters and penalties for failing to comply. Parents and caregivers should know that this law applies to nearly every private passenger vehicle in the state. 

Child car seat laws you should be aware of include: 

  • Age restriction: Children under eight must be in a car or booster seat appropriate for their height and weight.
  • Height exception: Children under eight but at least 57 inches tall (4’9”) may use a seat belt instead of a booster.
  • Installation standards: Child car seats must meet federal standards and be used according to the manufacturer’s instructions.
  • Lap belt allowance: A child may use only a lap belt if they weigh 40 pounds or more and the vehicle only has lap belts in the back seat.
  • Penalties: Fines start at $50 and can reach $100 for repeat offenses, along with points on the driver’s license.

These statutory provisions emphasize safety and practicality, allowing limited exceptions while holding drivers accountable. If you are transporting a child under eight, this law should be your primary guide for what type of restraint is required and how it must be used.

Other Georgia Safety Belt Laws

Under O.C.G.A. § 40-8-76.1 (Georgia’s seat belt statute), once children reach age eight, they must wear a seat belt whenever a vehicle is in motion. 

This statute complements the child car seat law by ensuring older children remain protected as they graduate from boosters to belts. 

Best Practices Beyond the Georgia Statutes

Safety experts sometimes recommend going further than Georgia law outlines. Parents can take additional steps to reduce risk. Following best practices helps bridge the gap between what the law requires and what is safest for children. 

Here are some generally recognized safety tips:

  • Keep children rear-facing as long as possible, until they reach the limits of their car seat.
  • Ensure booster seat belts fit correctly, with the lap belt low across the hips and the shoulder belt across the chest.
  • Avoid using car seats that have been involved in prior accidents or were recalled.
  • Keep children under 13 in the back seat, even though the law only requires this for those under age 8.

These practices can make a real difference in crash outcomes. Parents should view them as part of responsible driving, not just optional guidelines.

The Risks of Using Improper Restraints or Defective Seats


Improper restraint or the use of a defective seat can have devastating consequences for a child. A car seat not installed correctly or the wrong size can fail to protect them in a collision. Common risks include:

  • Loose harness straps may allow a child to be ejected during a crash.
  • An incorrect seat size, whether too large or too small, cannot properly absorb crash forces.
  • Using a booster seat too early can cause the seat belt to ride across a child’s stomach or neck, increasing the risk of abdominal injuries or spinal damage.
  • Expired or damaged seats are less effective because plastic and other components degrade over time.
  • Recalled or defective models may contain flaws in design or materials that compromise safety, even when used correctly.
  • Secondhand seats without safety checks pose serious risks, as parents may unknowingly use seats subject to recalls or those involved in prior accidents.

Even minor misuse of a car seat can make the difference between a survivable crash and a catastrophic injury. Parents should treat car seat safety as an ongoing responsibility, not a one-time purchase.

Contact Mayfield Law, LLC, Today for a Free Consultation With a Brunswick Car Accident Lawyer

Georgia’s child car seat and seat belt laws are more than technical rules. They can provide lifesaving protection, and parents who understand the law are better prepared to keep children safe. 

If your child has been injured in a car crash, call Mayfield Law, LLC, today at (912) 457-8557 to arrange a free consultation. Our Brunswick car accident lawyers are ready to help.