Child seat laws are legal bulwarks helping to encourage driving practices that protect our children. However, given the many different types of car seats and booster seats on the market, it is easy for parents to become confused about the specifics of New Hampshire car seat laws. The changes to car seat laws over time also mean that other drivers who may carry child passengers, especially grandparents who were familiar with the laws when they were using booster seats with their own children, may not be up-to-date with state requirements in 2026. Bring your concerns about New Hampshire car seat laws to the 2025 Best of the Lakes Region – Personal Injury Law Firm. Call Friedman & Bresaw, PLLC at 603-707-4800 today.
Summary of Car Seat and Booster Seat Laws in New Hampshire
New Hampshire car seat and booster seat laws require specific child passenger restraints based on a child’s age, height, and federal safety standards, while also limiting how violations affect civil liability after a car accident.
- New Hampshire law RSA 265:107-a requires children under age 2 to ride in a rear-facing child restraint system, while children ages 2–7 who are under 57 inches tall must use a child restraint system that meets 49 CFR § 571.213 federal safety standards.
- The statute applies to all drivers transporting minors, not only parents, and violations may result in a traffic citation and a fine of up to $100, although certain vehicles and situations are exempt.
- Under RSA 265:107-a(IV), failing to follow car seat requirements cannot be used as evidence of contributory negligence in a civil injury lawsuit after a motor vehicle collision.
Attorneys at Friedman & Bresaw, PLLC in Laconia, New Hampshire, work with individuals involved in motor vehicle accidents throughout the Lakes Region and surrounding areas.
What Are the Rules for Minor Passengers in New Hampshire?
Car seat laws in New Hampshire are framed within a set of broader provisions aimed at reducing child traffic fatalities and serious injuries. The statutory requirements outlined in RSA 265: 107-a are supported by rules found in portions of New Hampshire’s Administrative Code.
Child Passenger Restraint Vehicle Requirements
General rules regarding minors in vehicles (as drivers or passengers) prohibit drivers under 18 years of age from operating any motor vehicle not specifically exempted without wearing a restraint (seatbelt). All drivers, regardless of age, are prohibited from carrying passengers under 18 in any vehicle that has not been “designed for and equipped with” child passenger restraints that comply with 49 CFR § 571.213. RSA § 265:107-a(II) provides statutory exceptions to the equipment rule for certain school buses, for students who have individualized education plans (IEPs) exempting them from restraints, for motorcycles, and for farm tractors, antique vehicles, vehicles manufactured before 1968 (whether designated as antiques or not), and any vehicle while it is being operated in a parade at speeds not to exceed 10 miles per hour.
Car Seat Laws for Young Children
The smallest and most vulnerable passengers are protected by specific provisions designed to incentivize driver responsibility. We often think of car seat laws and booster seat requirements as being concerns primarily for parents. Parents are indeed the primary users of car seats or booster seats because they are the most frequent transporters of small children. However, New Hampshire car seat laws, as written, apply to all drivers, rather than depending on the relationship of driver to passenger.
This type of legislation is very common, as it typically incentivizes drivers to follow safety rules intended to protect their passengers, even when the drivers do not personally feel a strong connection to those passengers. Except in cases that qualify for one of the exemptions listed in RSA § 265:107-a(II), any failure to abide by the car seat laws delineated in 265:701-a(I) is considered a traffic violation.
What Is the Difference Between a Car Seat and a Booster Seat?
The legal definitions of child restraint systems used throughout New Hampshire are actually provided in the Code of Federal Regulations, rather than in the state’s car seat laws. RSA 265:107-a employs “incorporation by reference,” a technique commonly used in drafting legislation to keep definitions and other criteria manageable and consistent, to specify that the 49 CFR § 571.213 definitions are used for the purposes of determining whether child passenger restraints satisfy the requirements of New Hampshire’s car seat laws.
Under 49 CFR § 571.213, a booster seat may be either a belt-positioning seat or a child restraint system that lacks a built-in backing. A belt-positioning seat, meanwhile, is any child restraint system used to improve the fit of a Type II seatbelt for the child that does not have any additional elements, such as its own belt or harness system or the padded cross-body bar with which some parents may be familiar, designed to keep a child’s torso from pitching forward under the force of impact. A child restraint system is any device other than a seat belt under the categories Type I or Type II that is designed to “restrain, seat, or position” children with a body weight of up to 80 pounds.
New Hampshire Car Seat Laws by Age and Height
New Hampshire generally divides the application of child passenger restraint requirements by the age of the child and height. However, federal regulations also incorporate the weight variable (up to 80 pounds), which is incorporated “by reference” with the other definitions in 49 CFR § 571.213. The easiest way to break down the distinctions is probably to start with age, as follows:
- Children ages 2-7: Any child with a height less than 57 inches must be secured by a child restraint system that meets the 49 CFR § 571.213 safety standards.
- Children up to 2: Each child must be secured using a rear-facing child restraint system.
For most parents and drivers accustomed to securing very young passengers, the requirements for children under two years of age usually pose little room for confusion. Sometimes, however, parents and others become concerned about what the “best practices” may be when dealing with children approaching their seventh birthday who are especially tall (New Hampshire’s 57 inch limit) or especially heavy (the federal weight limit on the definition of a child restraint system). An attorney with Friedman & Bresaw, PLLC may be able to offer you legal guidance if you have questions about how New Hampshire child seat laws apply to your situation.
How Do New Hampshire Car Seat Laws Affect Civil Liability?
One feature to note in discussing New Hampshire’s car seat laws is that a violation of RSA 265:107-a may not necessarily impede your right to compensation in case of a car accident, even though such a violation can carry a fine of up to $100 under 265-107-a(III). RSA 265-107-a(IV) bars any violation under (I) from being used as evidence of “contributory negligence” in a civil lawsuit.
Establishing Negligence
You may be familiar with the concept of contributory negligence, whether you have encountered the term before or not. As you are likely aware, most personal injury cases claim as their basis that the defendant acted negligently (or, depending on the circumstances, that the defendant was negligent in failing to act). In a legal context, negligence is the failure to take the degree of care a reasonable person would take under the same set of circumstances to prevent harm to a foreseeable victim to whom the defendant owed a duty of care.
To carry the day in court, the plaintiff may also need to show that they suffered some form of loss or harm (”damages”), and that these damages were foreseeable outcomes of their actions that would not have occurred if the defendant had not breached their duty of care. The burden of proof typically used in personal injury cases is the “preponderance of evidence” standard, which means that the plaintiff in a personal injury case based on negligence only has to prove that it is more likely than not that each of the four “elements” of negligence (existence of duty, breach of duty, damages, causation) applies to their situation.
Contributory Negligence vs. Comparative Fault
The preponderance of evidence standard leaves defendants potentially liable for heavy damages if plaintiffs can show even a 51% chance that the defendants were negligent in their case, so most states limit plaintiffs’ right to compensation in a variety of ways. Sometimes this means “caps” on specific types of damages, such as the maximum limits some states set on non-economic damages in medical malpractice cases. Laws of this type are unique to each state. Another set of strategies consists of making plaintiffs whose own actions contributed to their damages bear a portion of the total financial burden. These laws can be divided into two main approaches: contributory negligence and comparative fault.
New Hampshire is a “comparative fault” state, which means that although our laws recognize the concept of contributory negligence (in which an individual’s own conduct is partly to blame for the damages they have suffered), they are not necessarily precluded from all legal claim to compensation. In “pure” comparative fault states, plaintiffs can seek damages even if 90% of the responsibility for damages may be attributed to contributory negligence. New Hampshire follows a “modified” comparative fault system. Under RSA 507:7-d, victims of car accidents may recover compensation as long as the plaintiff’s share of responsibility for an accident does not exceed that of the defendant, but the total damages the defendant may be ordered to pay are reduced by the plaintiff’s share of fault for the accident.
Comparative Fault and Car Seat Laws
Parents in particular should become familiar with the implications of the 265:107-a(IV) provision, excluding violations of 265:107-a(I) from being used in assessing contributory negligence after a car accident. If the police report after an accident determines that one of the drivers failed to properly secure booster seats or other child restraints, the driver may receive a citation for the violation and be required to pay a fine. However, this violation cannot be used by the other party as an argument against covering the cost of care for a child’s injuries. In practice, for a parent this means that even if you for some reason fail to properly secure your child’s booster seat, you may still be able to recover damages to cover the costs of care for your child’s injuries as long as your share of responsibility for the accident does not exceed that of the other party (usually but not always another driver).
Speak With a Laconia Car Accident Lawyer
If you have ever been the individual driving a car in which a child was injured, you know the immense pressure that can follow an accident. Even if you followed booster seat and other car seat laws to the letter, you may wonder whether you could have done anything more to prevent harm. If you deviated from state car seat laws, even accidentally, you may wonder whether that violation on your record prevents you from seeking compensation from the other party involved in the accident, even if the incident was primarily their fault. To get answers to all of these questions and put your mind at ease, consider scheduling a consultation with the experienced Laconia car accident attorneys at Friedman & Bresaw, PLLC. Call our office today at 603-707-4800 to speak with our team and find a time that works for you.
Common FAQs About Booster and Car Seat Laws
For more information on car seat laws and booster seat laws in New Hampshire, these frequently asked questions may provide additional information.
What Are The Main Car Seat Laws In New Hampshire?
New Hampshire law requires drivers transporting children to use approved child passenger restraint systems that comply with federal safety standards. Children under age two must ride in a rear-facing child restraint system, while children ages two through seven who are shorter than 57 inches must use a child restraint system meeting federal requirements.
Who Must Follow New Hampshire Child Passenger Restraint Laws?
The law applies to all drivers transporting individuals under the age of 18, regardless of the driver’s relationship to the child. Parents, relatives, caregivers, and other drivers must follow the same restraint requirements when transporting minor passengers.
What Is The Difference Between A Car Seat And A Booster Seat?
Federal regulations define both devices under child passenger restraint system standards. A booster seat typically positions a child to improve the fit of a vehicle’s seatbelt, while other child restraint systems may include harnesses, belts, or additional components designed to secure the child during a collision.
What Height Or Age Determines When A Child Must Use A Booster Or Car Seat?
Children under age two must ride in a rear-facing car seat. Children ages two through seven who are shorter than 57 inches must use a child restraint system that meets federal safety regulations.
Are There Exceptions To New Hampshire Car Seat Requirements?
Certain vehicles and circumstances are exempt from the requirements. Examples may include some school buses, vehicles manufactured before 1968, motorcycles, farm tractors, and vehicles operating in parades at very low speeds.
What Penalties Exist For Violating New Hampshire Car Seat Laws?
Failing to comply with the child passenger restraint law may result in a traffic citation and a fine of up to $100. The violation relates to vehicle safety compliance rather than determining civil liability in an accident case.
Can A Car Seat Violation Affect A Personal Injury Claim After A Car Accident?
New Hampshire law specifically prevents violations of the child restraint statute from being used as evidence of contributory negligence in a civil lawsuit. This means a violation alone cannot automatically reduce or eliminate the ability to pursue damages after a motor vehicle collision.
How Does Comparative Fault Work In New Hampshire Car Accident Cases?
New Hampshire follows a modified comparative fault system. An injured individual may pursue damages if that person’s share of responsibility does not exceed the share attributed to the other party, although the recoverable amount may be reduced according to the percentage of fault.
How Can Friedman & Bresaw, PLLC Assist After A Car Accident Involving A Child Passenger?
Motor vehicle accidents involving children can raise complex legal and insurance questions. Consider visiting with an experienced attorney at Friedman & Bresaw, PLLC to learn more about potential legal options and how New Hampshire traffic laws may affect a case.
