How old do kids have be to sit in the passenger’s seat? What Texas law says
Before turning 16, children don’t have much freedom in the car.
The closest they get is sitting shotgun, where they can control the air conditioning and music volume. But what age is safe for children to do so?
While wearing a seat belt, of course.
Texas law says that once a child forgoes their car seats, they can sit anywhere with a safety seat buckle. This means upfront.
So, what are the requirements for children in Texas to sit up front?
When children can ride as passengers in Texas
Texas law says that all children who are under 8 years old must ride in their child safety seat. The only exception to this rule is if your child is over 4 feet 9 inches tall.
“When a child reaches their 8th birthday – no matter their height, it is legal for the child to use only the adult safety belt in the passenger vehicle,” according to the Texas Department of Public Safety.
It is recommended that children under 4 feet 9 inches stay in a safety car seat until they can properly fit and utilize an adult seat belt. However, Texas law does not specify where in the car the child’s safety seat has to be. Thus, it’s not illegal for a car seat to be shotgun, but it is not recommended.
Recommended stages for child safety in vehicles
Texas DPS lays out a four-stage approach to children’s graduation from car seats to passenger rides.
Rear-Facing Seat: Infants stay rear-facing as long as possible – to the upper weight limits of the harness – but never forward-facing before their first birthday and 20-22 pounds.
2. Forward-Facing Seat: Toddlers go forward-facing in a five-point harness until they reach the harness’s upper limit, which is
usually 40-65 pounds.
3. Booster Seat: Children from about age four up to 4’9” tall.
4. Adult Safety Belt: From 4’9” and taller.
What are penalties for kids riding in the front seat?
Failure to properly buckle in a child can result in a fine of up to $250.
According to the Texas Penal Code 545.412, “ A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.”
The charge would be considered a Class C misdemeanor and could be considered to also be child endangerment.
“Child endangerment in Texas is a State Jail Felony. The range of punishment is 180 days to 2 years, and up to a $10,000 fine,” according to Varghese Summersett Law Firm.