Child Passenger Safety

Child Passenger Safety

Motor vehicle crashes are a leading cause of death for children ages 1 to 13 in America. The Tennessee Highway Safety Office (THSO) strives to reduce serious injuries and fatal crashes by educating parents, caregivers, and members of the community about the proper use of car seats, boosters, and seat belts. Find a Child Passenger Safety Fitting Station near you to meet with a trained CPS Technician for advice on using your child's car seat properly.

Tennessee's Child Restraint Law

In 1977, Tennessee became the first state to pass a child restraint law. Dr. Robert Sanders, the Murfreesboro pediatrician known as “Dr. Seat Belt,” played an extraordinary role in the passage of Tennessee’s Child Passenger Protection Act. He and his wife, Pat, lobbied the Tennessee General Assembly for several years to pass this legislation. At the time, car seat use was less than 15 percent, and car crashes were the leading cause of death for young children. 

The law went into effect in 1978, sparking legislative efforts in other states across the nation. Dr. Sanders became known as the pioneer of this groundbreaking movement. By 1985, all 50 states adopted a mandatory child restraint law. 

The following changes have been made to the Child Passenger Restraint Law effective July 1st, 2004. For more information on Tennessee's Child Restraint laws, refer to T.C.A. 55-9-602.

Children under one (1) year of age, or any child, weighing twenty (20) pounds or less
Children under one (1) year of age, or any child, weighing twenty (20) pounds or less, must be secured in a harnessed child safety seat in a rear facing position, meeting federal motor vehicle safety standards, in a rear seat, if available, or according to the child safety seat or vehicle manufacturer's instructions. (Note: If the child safety seat has a higher rear-facing weight rating, usually 30 or 35 pounds, it may continue to be used rear-facing position so long as the child's weight is within limit. Check the manufacturers instructions accompanying the child safety seat for more information.)
Children age one (1) through age three (3)
Children age one (1) through age three (3), and weighing more than twenty (20) pounds, must be secured in a harnessed child safety seat in a rear or forward facing child safety seat in the rear seat of the vehicle, if available, or according to the child safety seat or vehicle manufacturer's instructions.
Children age four (4) through age eight (8)
Children age four (4) through age eight (8), and measuring less than four feet nine inches (4'9") in height, must be secured in a belt-positioning booster seat system, meeting federal motor vehicle safety standards in the rear seat, if available, or according to the child safety seat or vehicle manufacturer's instructions. (Note: If the child is not between age four (4) and age eight (8), but is less than four feet nine inches (4'9") in height, he/she must still use a seat belt system meeting federal motor vehicle safety standards.)
Children age nine (9) through age twelve (12)
Children age nine (9) through age twelve (12), or any child through twelve (12) years of age, measuring four feet nine inches (4'9") or more in height, must be secured in a seat belt system. It is recommended that any such child be placed in the rear seat, if available. (Note: If the child is not between age nine (9) and age twelve (12), but is four feet nine inches (4'9") or more in height, he/she must still use a seat belt system meeting federal motor vehicle safety standards.)
Children age thirteen (13) through age fifteen (15)
Children age thirteen (13) through age fifteen (15) must be secured by using a passenger restraint system, including safety belts, meeting federal motor vehicle safety standards. Provision is made for the transportation of children in medically prescribed modified child restraints. A copy of Doctor's prescription is to be carried in the vehicle utilizing the modified child restraint at all times.
Children under age sixteen (16)
The driver of the car is responsible for making sure that children under age sixteen (16) are properly restrained and may be charged and fined $50.00 for violation of the law. If the child's parent or legal guardian is present in the car but not driving, the parent or legal guardian is responsible for making sure that the child is properly transported and may be fined for non-compliance.

Find the Right Car Seat


Frequently Asked Questions

The Tennessee Highway Safety Office has taken care in the preparation of this FAQ, but the information it contains does not necessarily describe every situation you may encounter. Please review T.C.A. 55-9-602 for full law information and visit a child passenger safety fitting station or have your seat inspected by a certified child passenger safety technician to answer specific questions you might have. This page is meant to relay the Tennessee state law and best practices reccommendations to caregivers. Always refer to your specific car seat manufacturer’s instructions; read the vehicle owner’s manual on how to install the car seat using the seat belt or LATCH system; and check height and weight requirements.

My child is not 12 months old yet, but is over 20 pounds. What do I do?
Tennessee State law mandates that children ride in a rear-facing child safety seat until they are at least one year old and twenty pounds. The American Academy of Pediatrics advises parents to keep their toddlers in rear-facing car seats until they reach the maximum height and weight for their seat. Infant-only seats have lower weight limits, so you may be able to purchase a convertible seat (that is both rear-facing and forward-facing) that has a higher weight and height limit to keep your child rear-facing longer.
When can my child move from a forward-facing seat to a booster seat?
Tennessee state law mandates that they be restrained in a forward-facing harnessed car seat through the age of 3 (4th birthday) and weighing more than twenty pounds. The AAP recommends any child who has outgrown the rear-facing weight or height limit for their car seat, should use a forward-facing car seat with a harness for as long as possible, up to the highest weight or height allowed by their car seat’s manufacturer.
How long does my child need to ride in a booster seat?
Tennessee state law mandates that a child be restrained in a booster seat through the age of eight AND measuring less than 4’9”. If your child is eight years old or younger or measures less than 4’9” they must remain in a booster seat. Both criteria must be met. Your child may reach the age of nine before reaching 4’9”, if this is the case, they still should remain in a booster until they have reached the appropriate height. The 5-step test below is a good way to measure if your child is ready to transition to a seat belt. The seat belt should fit your child “belts to bones” where it comes over their shoulder (laying on their collar bone), across their chest (laying on their sternum), and buckle low on the hips (laying across their pelvic bones). If the seat belt is coming over your child’s neck or stomach, they need to continue to sit in their booster seat until the safety belt fits them correctly. Weight is not a factor when making the choice to graduate out of a booster seat.
The 5-Step Test:
Does the child sit all the way back against the auto seat?
Do the child's knees bend comfortably at the edge of the auto seat?
Does the shoulder belt cross the shoulder between the neck and arm?
Is the lap belt as low as possible, touching the thighs?
Can the child stay seated like this for the whole trip?
If you answered "no" to any of these questions, your child needs a booster seat to make both the shoulder belt and the lap belt fit correctly for the best crash protection. *The “5 Step Test” was developed by SafetyBeltSafe, USA.
When can my child sit in the front seat?
Tennessee state law mandates that your child should sit in the rear seat (when available) until they turn 9 years old. Children age 12 and under should ride in the back seat of the vehicle whenever possible as the back seat is the safest location for children. Vehicle manufacturers also display warnings against allowing children to sit in the front seat due to the danger posed by air bags.
Can my child ride in our pick-up truck if it doesn't have a back seat?
The back seat is always the safest place for your child. If there is no other seating available, position the vehicle seat as far back from the dashboard as possible and turn off your air bags. NEVER place a rear facing car seat in front of an airbag. A child may ride in an age, weight, and height appropriate child restraint, in the front seat of a vehicle when there are no other seat options. 
Do I have to use a car seat for my child if we are traveling in a taxi, tour bus, or other public transportation?
Public transportation vehicles are exempt from the child passenger safety law and are not required to provide a child restraint for passengers, however if a parent/guardian wants to use their restraint in a taxi then the taxi should allow them to do so.
As used in this section, unless specified otherwise, “passenger motor vehicle” means any motor vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds (10,000 lbs.) or less, that is not used as a public or livery conveyance for passengers.

RIDESHARE by private passenger motor vehicle: 
Drivers and riders should comply with local laws when traveling with infants and small children. Where use of a car seat is required by law, it’s the rider’s responsibility to provide and fit a suitable car seat, unless local guidelines, terms, or other policies say otherwise. Children age 12 and under should travel in the back seat.
I am from another state but will be traveling through Tennessee. Do I have to abide by your CPS laws?
Yes. Caregivers are to follow the laws of whatever state they happen to be in.
Are there any exceptions to the CPS law (T.C.A. 55-9-602)?
Provision is made for the transportation of children in medically prescribed modified child restraints. A copy of Doctor's prescription is to be carried in the vehicle utilizing the modified child restraint at all times.
What are the rules regarding transporting children in 15 passenger vans?
Tennessee law does not allow 15 passenger vans to transport children to and from school (i.e., they are not to be used as a school bus). If they are being used for a non-school related event, 15 passenger vans fall under the same child passenger safety laws as standard passenger vehicles. Passenger vans have a higher rate of rollover than other vehicles, learn more about them here: http://www.safercar.gov/Vehicle+Shoppers/Passenger+Van+Safety. It is recommended by the TN Occupant Protection Center that 15-Passenger Vans be used cautiously for adult use only.
What are the rules regarding transporting children in RVs?
Tennessee state law states "passenger motor vehicle" means any motor vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds (10,000 lbs.) or less, that is not used as a public or livery conveyance for passengers. Therefore, children transported in RVs under that weight limit are under the same child passenger laws as any other vehicle. Children transported in RVs over that weight limit are exempt from the laws, but it is still recommended that restraints be used where applicable. Parents also should be aware that car seats should never be installed on rearward- or side-facing vehicle seats. Parents are advised to read the RV’s manufacture instructions on the proper installation of child safety seats.
Do car seats expire? Why?
Yes, read the seat’s user guide or look for the expiration date molded somewhere on the car seat. If you are unable to find one, NHTSA recommends a good rule-of-thumb is to retire seats after 6 years. Materials wear down over time and may not protect your child in a crash the way they should if they are worn out. Safety standards also change over time, and an older seat may not meet new safety criteria.
Are used car seats safe?
The dangers of installing a used car seat is that: (a) they usually do not come with the manufacturer’s guide, (b) the previous history of the seat is not usually known – has it been in a crash? (c) it could be missing parts (d) it could be a recalled seat. If the seat has the manufacture guide, you can verify it has never been in a serious accident, it is not on the seat recall list, and has all of its parts (check the guide). Once that information has been verified then the seat is acceptable to use.

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Contact: Julie Brewer

  • Director, TN Occupant Protection Center
  • jbrewer@tntech.edu
  • 931-372-3318 (Direct)
  • 800-99-BELTS (THSO)

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