Virginia Code

Va. Code Ann. § 46.2-1098 (2026)

Penalties; violations not negligence per se

✓ current as of May 2026

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Any person, including those subject to jurisdiction of a juvenile and domestic relations district court, found guilty of violating this article shall be subject to a civil penalty of $50, which shall not be suspended in whole or in part, for a violation of § 46.2-1095; however, any person found guilty of violating § 46.2-1095 a second or subsequent time when the violations occurred on different dates shall be subject to a civil penalty of up to $500. An additional civil penalty of $20 shall be imposed for failure to carry a statement as required by § 46.2-1096. Notwithstanding the foregoing provisions of § 46.2-1095, the court may waive or suspend the imposition of the penalty for a violation of § 46.2-1095 if it finds that the failure of the defendant to comply with the section was due to his financial inability to acquire a child restraint system. All civil penalties collected pursuant to this section shall be paid into the Child Restraint Device Special Fund as provided for in § 46.2-1097.

No assignment of demerit points shall be made under Article 19 (§ 46.2-489 et seq.) of Chapter 3 of this title and no court costs shall be assessed for violation of § 46.2-1095.

Violations of this article shall not constitute negligence per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.

1982, c. 634, § 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c. 358; 2008, c. 714.

Notes of Decisions

Cited in 3 cases, 2000–2017 · 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 18× “" Code § 46.2-1098 provides in pertinent part, "[v]iolations of this article shall not constitute negligence per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in…”

Gary Jerome Turner v. Commonwealth of Virginia (Va. Ct. App. 2017). · cites it 2× “2-1095 does not constitute a felony and is not negligence per se, see Code § 46.2-1098, it is a factor to consider in determining whether appellant was criminally negligent.”

Commonwealth v. Graham, 54 Va. Cir. 223 (Suffolk Cir. Ct. 2000). · cites it 2× “To begin with, the child safety seat law provides that a violation may be “charged on the uniform traffic summons form,” Va. Code Ann. § 46.2-1095 (E), and may result in a monetary penalty upon being “found guilty” of a violation, Va.”

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