10 October, 2023
Car seat laws change frequently, and it is important for parents to review these laws regularly. In the state of New York, the car seat law in 2023 dictates that:
Additionally, car seats must be compliant with Federal Motor Vehicles Safety Standard 213.
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.Getting our clients the best result possible
Even if you have your child in the correct car seat, if the seat is not properly installed, you can still be out of compliance. This includes not placing the car seat in the right spot in your car. The car seat of the youngest person in the car should be placed in the middle of the backseat. If you have more than one child, their car seats should be placed next to the middle seat.
Each car seat has height and weight limits dictated by the individual manufacturer. If your child has not outgrown their rear-facing car seat, even though they’ve reached their second birthday, the American Academy of Pediatrics recommends you keep them in it. Although it’s not required by law, you can keep a child facing the rear as long as they haven’t outgrown their car seat. The same goes for transitioning to a booster seat.
Likewise, the state does not require that children ride in the backseat until they reach the age of 12, but it is highly recommended. Even with airbags and seatbelts, the backseat is still safer. The American Academy of Pediatrics even recommends kids stay in the backseat until the age of 13.
Since 2017, taxis in New York have been required to comply with state car seat laws. The taxi driver is not responsible for having a car seat or installing your car seat. It is the parent’s responsibility to provide a proper car seat, and to ensure the car seat is properly installed.
New York buses and subways are an exception. Children do not need to use car seats or booster seats when traveling via bus or subway.
New York state law does not specify child safety requirements in ride sharing vehicles. Following taxi standards is a safe bet. In New York City only, Lyft offers parents the choice to add on a car seat for an extra fee. Likewise, Uber gives parents the option to add a car seat to their ride as well.
The state of New York can help you install your car seat so you can be sure that you are in compliance. Certain facilities throughout the state provide Certified Child Passenger Safety technicians who can inspect your car seat and/or help you install it. Contact your local police department, fire department, or hospital for assistance.
The National Highway Traffic Safety Administration (NHTSA) recommends replacing car seats if they’ve been involved in an accident. Even if the car seat does not visibly appear damaged in any way, replacing it is a good idea. The integrity of the car seat or internal parts you can’t see could be compromised. In accordance with the NHTSA recommendation, New York state law requires that parents replace car seats immediately after a moderate or severe collision.
It should be noted that New York State Senate Bill S3155A makes it illegal to smoke cigarettes in a vehicle with a child. It doesn’t matter if the windows are down or the child is wearing a mask—it’s against the law.
Likewise, you should be aware that car seats do expire. If you were planning to use the same car seat for all of your kids and just keep passing it down, it’s unlikely that will be in compliance with the law. It is a good idea to check your car seats expiration date and car seat laws before reusing a car seat from a previous child.
Do you live in CA? Read this article When Can a Child Sit in the Front Seat in California
Whether you’ve been injured in an accident or are dealing with a defective car seat or vehicle, The Barnes Firm can help. Our attorneys at our car accident law offices are ready to fight for your rights in order to help you get the best result possible. To find out if we can help you, call us at (800) 800-0000 and set up your free consultation with a New York motor vehicle lawyer today.
Long Island Car Accident Lawyer
Rochester Car Accident Attorney
Written by The Barnes Firm, reviewed by Richard Barnes
![]()
Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
Explore Articles Related to Your Situation
California is home to the second-most road miles in the country, with 396,540 total miles. From...
read moreHow Do Police Investigations of Fatal Car Accidents Work? Every day we drop our ch...
read moreCar accidents can cause a wide range of injuries, but one of the most common and significant on...
read moreNo, New York is not an at-fault state. It operates as a "no-fault" state, meaning that re...
read moreWe are always available to discuss your case. Give us a call at (800) 800-0000.
Fill out our form and we will contact you shortly to discuss your case
Our attorneys will come to your home, office or hospital at your convenience.
We are available anytime, including after hours and
weekends.
420 Lexington Avenue
Suite #2140
New York, NY 10170
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
600 Old Country Road
Suite #425
Garden City, NY 11530
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
500 Pearl Street
Suite #700
Buffalo, NY 14202
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
451 Grider Street
Buffalo, NY 14215
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
28 East Main Street
Suite #600
Rochester, NY 14614
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
633 West 5th Street
Suite #1750
Los Angeles, CA 90071
Phone: (800) 800-0000
Fax: +1 (888) 800-7050
555 12th Street
Suite #1470
Oakland, CA 94607
Phone: (800) 800-0000
Fax: +1 (888) 800-7050
655 W. Broadway
Suite #940
San Diego, CA 92101
Phone: (800) 800-0000
Fax: +1 (888) 800-7050