Virginia Code

Va. Code Ann. § 46.2-1095 (2026)

Child restraint devices required when transporting certain children; safety belts for passengers less than 18 years old required

✓ current as of May 2026

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A. Any person who drives on the highways of Virginia any motor vehicle manufactured after January 1, 1968, shall ensure that any child, up to age eight, whom he transports therein is provided with and properly secured in a child restraint device of a type which meets the standards adopted by the United States Department of Transportation. Such child restraint device shall not be forward-facing until at least (i) the child reaches two years of age or (ii) the child reaches the minimum weight limit for a forward-facing child restraint device as prescribed by the manufacturer of the device. Further, child restraint devices shall be placed in the back seat of a vehicle. In the event the vehicle does not have a back seat, the child restraint device may be placed in the front passenger seat only if the vehicle is either not equipped with a passenger side airbag or the passenger side airbag has been deactivated.

B. Any person transporting another person less than 18 years old, except for those required pursuant to subsection A to be secured in a child restraint device, shall ensure that such person is provided with and properly secured by an appropriate safety belt system when driving on the highways of Virginia in any motor vehicle manufactured after January 1, 1968, equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices.

C. A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages in a civil action.

D. A violation of this section may be charged on the uniform traffic summons form.

E. Nothing in this section shall apply to any person operating taxicabs, school buses, executive sedans, or limousines. The provisions of (i) subsection B shall not apply to any person operating an emergency medical services agency vehicle, fire company vehicle, fire department vehicle, or law-enforcement agency vehicle while in the performance of his official duties and (ii) subsection A shall not apply to any person operating any such vehicle in the performance of his official duties, under exigent circumstances, provided that no child restraint device is readily available.

1982, c. 634, § 46.1-314.2; 1984, c. 280; 1986, c. 283; 1989, c. 727; 1992, cc. 119, 405; 1997, c. 793; 2000, c. 736; 2002, cc. 358, 616, 660; 2007, cc. 91, 935; 2010, c. 661; 2018, c. 402; 2019, cc. 196, 319.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1999–2022 · leading case: Evans v. Evans, 695 S.E.2d 173 (Va. 2010).

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Evans v. Evans, 695 S.E.2d 173 (Va. 2010). · cites it 79× “The Circuit Court erred in failing to construe Va.Code §§ 46.2-1095 and 46.2-1098 conjunctively, given the language of Va.”

Comer v. Preferred Risk Mut. Ins. Co., 1999 OK 86 (Okla. 1999). · cites it 2× “]; Va.Code Ann. § 46.2-1095 (Supp.1997) [Persons between 4 and 16 required to wear seat belt.”

Commonwealth v. Walsh, 62 Va. Cir. 511 (Culpeper Cir. Ct. 2003). “2-613 (“Count 5”), failing to secure a child less than sixteen years old in a seatbelt in violation of § 46.2-1095 (“Count 6”), and operating a motor vehicle on the highway knowing that fees had not been paid to the Commission in violation of § 46.”

Gary Jerome Turner v. Commonwealth of Virginia (Va. Ct. App. 2017). · cites it 8× “Code § 46.2-1095 requires the driver of a vehicle to ensure that any child he transports is properly secured in a child restraint device of the type appropriate for the child’s size and age.”

Commonwealth v. Graham, 54 Va. Cir. 223 (Suffolk Cir. Ct. 2000). · cites it 8× “He stopped the vehicle because he observed a child not secured in an approved child safety seat in violation of Va. Code Ann. § 46.2-1095 (Michie 1998). Officer Kee issued two traffic summonses to the operator of the vehicle.”

Yaqub Hameed Muwakkil v. Commonwealth of Virginia (Va. Ct. App. 2019). · cites it 3× “” Regardless of the precise age of the little girl, the law required that she either be in a child restraint device or wear a safety belt.”

Channiece Argean Rose v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 2× “” Code § 46.2-1095. -4- clearly was reckless.”

Scott Allan Ingram, s/k/a v. Commonwealth (Va. Ct. App. 2002). · cites it 2× “Once Officer Kee saw the two small children in the back seat of the car only moments after it had parked in the lot, he became concerned that the children, who appeared to be younger than four years of age, had been, and would be, transported without the requisite child…”

Patricia Bryant Guthrie v. Commonwealth of Virginia (Va. Ct. App. 2000). · cites it 2× “See Code § 46.2-1095. On October 21, 1998, the case was heard in general district court.”

— Va. Code Ann. § 46.2-1095(A) — 2 cases

Evans v. Evans, 695 S.E.2d 173 (Va. 2010). “The Circuit Court erred in failing to construe Va.Code §§ 46.2-1095 and 46.2-1098 conjunctively, given the language of Va.”

Yaqub Hameed Muwakkil v. Commonwealth of Virginia (Va. Ct. App. 2019). “” Regardless of the precise age of the little girl, the law required that she either be in a child restraint device or wear a safety belt.”

— Va. Code Ann. § 46.2-1095(C) — 1 case

Evans v. Evans, 695 S.E.2d 173 (Va. 2010). “The Circuit Court erred in failing to construe Va.Code §§ 46.2-1095 and 46.2-1098 conjunctively, given the language of Va.”

— Va. Code Ann. § 46.2-1095(D) — 1 case

Commonwealth v. Graham, 54 Va. Cir. 223 (Suffolk Cir. Ct. 2000). “He stopped the vehicle because he observed a child not secured in an approved child safety seat in violation of Va. Code Ann. § 46.2-1095 (Michie 1998). Officer Kee issued two traffic summonses to the operator of the vehicle.”

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