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Bill

HB 368

Revise Child Passenger Restraint Systems Law.

2025-2026 Session Introduced by Dudley Greene and 8 co-sponsors

The law requires children under 8 or under 57 inches to use an age/size appropriate child restraint system, with rear-seat use preferred and exceptions based on airbags and manufac

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Bill Summary · HB 368

Summary — HB 368 (Revise Child Passenger Restraint System Law)

Status: Passed House; Regular Message Sent to Senate. Introduced: Nov 12, 2024. Statute amended: G.S. 20‑137.1. Effective date (as enacted): December 1, 2025 (applies to offenses on/after that date).

Purpose

To clarify and update North Carolina’s child passenger restraint law — specifying when children must use child passenger restraint systems (car seats/booster seats) versus vehicle seat belts, and to make placement and airbag-related rules explicit and tied to manufacturers’ instructions and federal standards.

Key provisions

  • Applicability and definitions

    • Applies to drivers transporting passengers under 16; a “child passenger restraint system” includes devices designed to restrain or position a child (including booster seats) and must meet applicable federal standards at time of manufacture.

  • Primary age/size rule

    • A child under 8 years of age and under 57 inches in height must be secured in a weight‑ and height‑appropriate child passenger restraint system.

  • Rear‑facing and manufacturer guidance

    • Newborns/infants must begin in a rear‑facing restraint and transition to forward‑facing only per the manufacturer’s height/weight instructions (as shown on the federally required car‑seat label).

  • Rear‑seat preference and airbag safety

    • Children must be secured in a rear seat unless one of these applies:
    • The vehicle has no rear seat.
    • The vehicle does not have an active passenger‑side front air bag.
    • The restraint system is specifically designed for use with front airbags per the manufacturer’s instructions.
    • Under no circumstances may a child be placed in a rear‑facing restraint in a front passenger seat that has an active front air bag.

  • Seat belt alternatives

    • If no seating position with a lap-and-shoulder belt is available to properly secure the child passenger restraint:
    • A child under 8 years and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.
    • A child who is at least 8 years old or at least 57 inches tall may use a properly secured lap‑and‑shoulder belt. The bill specifies proper fit criteria (lap belt across thighs/hips, shoulder belt across mid‑shoulder/chest, ability to sit straight with knees bent at seat edge without slouching).

Who is affected

  • Drivers and caregivers transporting children in North Carolina (compliance responsibility).
  • Law enforcement (enforcement and adjudication of violations).
  • Child restraint/vehicle manufacturers (use of manufacturer labels and instructions is incorporated).
  • Child safety advocates and public‑safety programs (education and outreach).

Enforcement, timeline and impact

  • Becomes effective December 1, 2025, and applies to offenses committed on/after that date.
  • The bill clarifies legal thresholds (age, height, weight) and enumerates specific exceptions — likely improving enforceability and caregiver understanding.
  • No penalty amounts are specified in the text provided; violations remain traffic offenses under G.S. 20‑137.1 enforcement practices.
  • Expected impacts are primarily safety and compliance improvements by aligning rules with manufacturer guidance and federal standards; no major fiscal impact is indicated in the bill text.

If you want, I can produce a one‑page plain‑language handout for parents/caregivers summarizing the new requirements and the key proper‑fit checks.

Compiled from official sources — confirm details with the bill’s official record.

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