After a baby is born, hospitals will not allow a newborn to leave the hospital without a proper car seat. Although the majority of new parents buy car seats long before the arrival of the baby, new parents may not know that both state and federal law requires certain types of car seats depending on the age and weight of the child.
For purposes of this article, the requirements of Wisconsin for car seats will be discussed. However, keep in mind that according to Wisconsin Statute Section 347.48(4)(am), car seats must also meet federal standards. These federal standards can be found at 49 C.F.R. § 571.213. In addition, it is also important to know the consequences of violating the laws on child restraint systems in Wisconsin.
What Are the Car Seat Requirements Under Wisconsin Law?
Wisconsin Statute Section 347.48(4)(as) provides the requirements for child safety restraints. The statute breaks down by the height and weight of the child. Here are the key provisions:
- If a child is less than one year old or weighs less than 20lbs, the child must be restrained in the back passenger seat in a rear-facing car seat. Wis. Stat. § 347.48(4)(as)(1).
- When the child outgrows the first type of seat and is at least 20lbs, but less than 40lbs and between the ages of one and four, the options include the rear seat with a rear facing car seat or a rear seat with a forward facing car seat. The child remains in the rear seat, but has the option of rear or forward facing car seat placement. Wis. Stat. § 347.48(4)(as)(2).
- When the child weighs between 40lbs and 80lbs, is between the ages of four and eight, and is not taller than 57 inches in height, the child should still be seated in the back seat and either in a forward-facing car seat or a booster seat. Wis. Stat. § 347.48(4)(as)(3).
- After a child reaches the height or weight restrictions in the previous statutory section, the child should still be restrained in a booster seat until the seat belt fits properly. See http://www.safercar.gov/parents/RightSeat.htm.
Although not required by law, it is recommended that children under twelve years old should remain in the back seat. You will usually see this warning on the visor in the front passenger seat of the vehicle and this is because children under the age of twelve are at an increased risk of injury if the airbag deploys.
Quick Reference: Wisconsin Car Seat Laws by Age and Weight
Understanding Wisconsin’s car seat laws can be easier with a visual guide. Use the table below to quickly identify what type of restraint your child needs based on their age, weight, and height:
| Child’s Age | Weight | Restraint Type | Seating Position |
| Under 1 year | Under 20 lbs | Rear-facing car seat | Back seat |
| 1-4 years | 20-40 lbs | Rear or forward-facing car seat | Back seat |
| 4-8 years | 40-80 lbs and under 57″ | Booster seat | Back seat |
| Over 8 years | Over 80 lbs or over 57″ | Seatbelt | Front or back seat |
What Happens If You Don’t Use A Car Seat?
Law enforcement officers may give citations to drivers who do not properly restrain children under eight years of age in restraints that fit the child’s age and weight. Wis. Stat. § 347.48(4)(am). This means that if a law enforcement officer stops a driver for another traffic violation and notices that a child’s car seat is too small or not the required type of restraint, the driver may also be issued an additional citation. Fines are $175.30 for children under 4, and range from $150.10 for a first offense to $263.50 for third and subsequent offenses for ages 4 to 8.
Moreover, in the case of a car accident, if a child is not properly restrained and suffers injuries, evidence of the driver’s failure to properly restrain the child may be admitted in civil actions. Although it may be admitted to show negligence, violating the statute, it does not however, automatically constitute negligence. Wis. Stat. § 347.48(4)(d).
What Are The Car Seat Requirements Under Tips to Choose A Child Car Seat
When choosing a car seat for your child, it is important to remember there are numerous types of car seats such as infant-only seats, convertible seats, 3-in-1 seats, no-back booster seats, high-back booster seats, and others. Several types of seats fit into each requirement. For example, an infant only seat and a 3-in-1 seat both provide the requirements for a newborn child leaving the hospital. The height and weight restrictions for each car seat should be printed on the box pursuant to federal standards. Therefore, prior to purchasing a car seat, be sure to understand how long each seat can be used and the weight, height, or age limit before you will have to purchase a new seat.
Once a child is too big to use a car seat or booster seat, he or she is required to abide by the Wisconsin State law that requires all passengers in vehicles to wear a seatbelt. Wis. Stat. § 347.38(2m). In most cases, if a minor child is not wearing a seatbelt, the driver of the vehicle will be cited for breaking the law.
For further information on choosing the right car seat for your child, visit the NHTSA website. They have a printable brochure available for download to help you decide which car seat is the best for your child. The website can be found by following this link: http://www.safercar.gov/parents/RightSeat.htm
Injured As a Result of a Car Accident?
Whether you were injured as a result of a car accident or your car seat did not perform as designed, also known as a product liability lawsuit, you may benefit from a free case evaluation. You’ll see the difference when you have the opportunity to talk directly with an expert personal injury lawyer.
Interested in learning more? Download a free ebook guide to help you understand the next steps in a personal injury claim.
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If you have a case you would like to speak to a lawyer about, please contact us to schedule a free case evaluation and get an experienced team of lawyers working on your behalf.
FAQs
1. What is the penalty for not using a booster seat in Wisconsin after age 4?
In Wisconsin, children between ages 4 and 8 who do not meet the height and weight exemptions must use a booster seat. If they are not properly restrained, drivers may be fined. Fines range from $150.10 for a first offense to $263.50 for third and subsequent offenses. If the child is under 4 and improperly restrained, the fine is $175.30.
2. Are there exceptions to car seat requirements for taxis, rideshares, or buses in Wisconsin?
Yes. Wisconsin law exempts certain vehicles such as buses, school buses, taxis, and vehicles operated by child care providers under specific conditions. However, rideshare services like Uber and Lyft are not always explicitly exempt. Parents are generally advised to bring an appropriate car seat when using such services.
3. Can a rear-facing car seat be installed in the front seat if the back is full?
Wisconsin law requires that children under one year or under 20 pounds be placed in a rear-facing seat in the back seat if available. If the back seat is fully occupied by other children in car seats, a rear-facing seat may be installed in the front only if the airbag is turned off. This setup, however, is not recommended unless absolutely necessary.
4. When can a child legally sit in the front seat in Wisconsin?
There is no specific legal age in Wisconsin for when a child may sit in the front seat. However, safety guidelines from the American Academy of Pediatrics (AAP) and NHTSA strongly recommend keeping children under 13 years old in the back seat, as airbags can pose a serious risk to smaller passengers.
5. How do Wisconsin car seat laws apply to out-of-state drivers or rental cars?
Out-of-state drivers must follow Wisconsin’s car seat laws while driving within the state. Rental cars are not exempt, meaning it is the responsibility of the driver to ensure proper child restraints are used based on Wisconsin’s age, weight, and height requirements, regardless of their home state’s laws.
6. What are the Wisconsin law requirements for installing car seats (LATCH vs. seat belt)?
Wisconsin law does not mandate the use of either LATCH (Lower Anchors and Tethers for Children) or seat belts for car seat installation, but it does require that car seats be installed according to manufacturer instructions and federal safety standards. Both methods are legal, but caregivers should not use both systems simultaneously unless the seat manufacturer allows it.
7. Are there specific child car seat inspection or certification programs in Wisconsin?
Yes. Wisconsin offers free car seat checks and inspections through partnerships with local police departments, fire stations, hospitals, and health departments. Certified Child Passenger Safety Technicians can help parents ensure their car seats are properly installed. Visit https://www.safekids.org or your county health department website to find a local inspection site.