House committee substitute to the 1st edition makes the following changes.
Amends GS 20-137.1, concerning the use of child restraint systems in vehicles, as follows. Amends the exceptions under which a child does not have to be secured in a restraint system in the rear seat as follows: (1) for the exception applying when the vehicle does not have a rear seat, adds that under no circumstances will a child be placed in the front seat of a vehicle that has an active front airbag using a rear-facing child passenger restraint system (previously this was a free-standing provision applicable in all situations) and requires the seat to be secured in a vehicle with a rear seat when height and weight requirements for use of a child passenger restraint system requires the seat to be rear-facing and (2) for the exception applying when the system is designed for use with front air bags (was, air bags), to add that the system must be used according to the manufacturer's instructions as indicated on the label. Allows a child to be restrained by a properly fitted lap belt only when no seating position equipped with a lap and shoulder belt is available and the child is less than eight years old and at least 40 pounds (was, between 40 and 80 pounds under current law and between 40 and 80 pounds and less than 57 inches in height in the previous edition). Makes additional technical and clarifying changes. Amends the act's titles.
Bill Summaries: H368 (2025-2026 Session)
-
Bill H 368 (2025-2026)Summary date: Apr 9 2025 - View summary
-
Bill H 368 (2025-2026)Summary date: Mar 11 2025 - View summary
Amends GS 20-137.1, concerning the use of child restraint systems in vehicles, as follows. Defines child passenger restraint system as any device designed to restrain or position a child in a motor vehicle, including a booster seat. Under the current law, children younger than age eight and less than 80 pounds must be secured in a weight-appropriate child passenger restraint system, with specified provisions applicable when a vehicle has an active passenger side front air bag, and when no seating position equipped with a lap and shoulder belt to properly secure the child passenger restraint system is available. Removes these provisions and now requires the following instead. Requires a child younger than age eight and less than 57 inches in height to be secured in a height- and weight-appropriate child passenger restraint system. Requires, beginning as a newborn, for a child to be properly secured in a rear-facing child passenger restraint system with transition to a forward-facing system according to the manufacturer's instructions related to the child's height and weight requirements for use of the system as indicated by label on the car seat. Requires the child to be secured in a child passenger restraint system in a rear seat unless at least one of three circumstances exist, including when the system is designed for use with air bags. Prohibits placing a child in a rear-facing child passenger restraint system in a front passenger seat that has an active front air bag. Allows a child to be properly secured with a seat belt as follows: (1) a child less than eight years old, 40-80 pounds, and less than 57 inches tall in height may be restrained by a properly fitted lap belt, if no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available and (2) a child at least eight years old or 57 inches in height may be restrained by a properly secured lap and shoulder belt (sets out conditions met in order for a lap and shoulder belt to be considered properly secured).
Applies to offenses committed on or after December 1, 2025.