The Ultimate Guide to the Arkansas Booster Seat Law

Arkansas Booster Seat Requirements – The Basics

When it comes to the requirements for booster seat use in Arkansas, there are several factors that determine when a child should stop using a car seat and transition into a safety belt or booster seat. According to the law in Arkansas, all children under the age of 6 and weighing less than 60 pounds must be seated in a federally approved infant or child passenger seat in the back seat of the vehicle or the seat must be in an upright position. Children ages 6 to 15 who are less than 100 pounds must be seated in either the back seat with a seatbelt or a federally approved booster seat.
Arkansas law requires that children under 2 years old ride in a rear-facing car seat as long as possible. Children ages 2 to 6 who weigh between 20 and 60 pounds should use a forward-facing safety seat with a harness. Children ages 6 to 8 who weigh between 60 and 80 pounds should be secured in a high back booster seat. Children over 8 years old and weighing from 80 to 100 pounds may ride in a booster seat or an adult seatbelt.
It is important to note that booster seats and car seats have weight requirements for their use. If your child weighs less than the minimum or more than the maximum , you should replace the child’s seat with the appropriate model. Additionally, booster seats have height requirements, so it is wise to check the manufacturer’s website as well if you have a child approaching the maximum height limit for his or her current booster seat.
As a child gets bigger, he or she will eventually outgrow the booster seat, at which point he or she should begin using the seat belt alone. Generally, once a child reaches a height of at least 4 feet, 9 inches and weighs at least 80 pounds, they can graduate from the booster seat to just using a seat belt.

The Importance of Arkansas Booster Seats

The question of booster seats is even more relevant after the tragic accident in Pine Bluff, Arkansas that claimed the lives of several children. The acute danger involved when children are not properly restrained in a vehicle is too serious to be ignored by families. As a parent, child advocate, or anyone who is concerned about the well being of children, the comprehensive Arkansas booster seat law should be a priority if you expect to ride legally and safely with young passengers.
Unfortunately, many people under estimate the potential severity of an accident because they forget that they do not exert a full view of the road. Just because you cannot see what is occurring on the opposite side of the median does not mean that a motor vehicle accident could occur at any moment. A barrier may not be enough to save the lives of those traveling on the opposite side of the road, especially when numerous vehicles are involved. If younger children are fully protected with the use of appropriate booster equipment they are far less likely to suffer severe injury or death in the event of a crash.

Arkansas Booster Seat Penalties for Non-Compliance

Like many states, failure to properly secure a minor child may result in fines, points on the driver’s license, or both. In Arkansas, the penalty for a violation of the booster seat law is a fine of $25, plus $85 in court costs. In addition, there is a warning given the first time a parent or legal guardian is found in violation of the law that they have "one time opportunity to voluntarily attend an educational program provided by a local law enforcement agency" within 90 days of the offense being committed. Upon completion of the program, no fine or court cost are due. However, if a parent or legal guardian is found in violation of the booster seat law a second time, they are fined $100 plus court costs.
In the event a parent, guardian, or other individual under whose care a minor child is found in violation of the booster seat law, is considered indigent (unable to pay $5/month towards their fine/costs), they will not be required to pay fines or costs. However, an individual who comes before a judge can be assessed the cost of a course designed to inform parents or guardians of the importance of the safety restraints. The fee for the course cannot exceed $5 and the course must be a minimum of 1 hour but no more than 2 hours.

Recent Updates to Arkansas’s Booster Seat Law

In 2011, the Arkansas General Assembly amended the booster seat law to add an option to waive the child restraint requirements. Under A.C.A. § 27-34-212, if a parent or primary caregiver finds that a child does not fit properly in a booster seat none of the requirements will apply. The owner or operator then pays a $25.00 fine and costs. License suspension may occur if the fine and costs are not paid. Under the 2011 amendment, the child will not be required to be secured in a booster seat if any of the following apply: (1) The parent or primary caregiver can ascertain that the child is taller than four feet nine inches (49 inches) and is at least six (6) years of age; or (2) If the child is under six (6) years of age, the division can ascertain that the child weighs at least one hundred pounds (100 lbs.) and is taller than four feet nine inches (49 inches) (2011 Ark. Act 157, eff. June 30, 2011). The amendment also adjusted the ASC of children between ages six and fifteen . Now, children between the ages of six (6) and fifteen (15) must be restrained by a:
The amendment states the following: (b)(1) Any operator who is a parent or primary caregiver with a child passenger under six (6) years of age shall not be subject to the penalties provided in this section for failure to secure the child passenger as required by subsections (a)(2)(A) and (B) of this section for the operator who is a parent or primary caregiver with a child passenger under six (6) years of age if the parent or primary caregiver can ascertain that the child passenger: (A) Is at least six (6) years of age; (B) Weighs at least one hundred pounds (100 lbs.); and (C) Is taller than four feet nine inches (49"). (2) Nothing in this section shall limit or reduce the requirements or penalties established by this section for a child passenger six (6) years of age or older and under sixteen (16) years of age who is not restrained to the extent required by this section. (3) For purposes of this subsection, a "primary caregiver" is defined as "any individual with residential custody or care for a child passenger". (2011 Ark. Act 157, eff. June 30, 2011). Thus, only primary caregivers (broadly defined) and parents of children under the age of six (6) have an exemption now.

Common Tips for Selecting a Booster Seat

When it comes to choosing a booster seat, parents or guardians have to keep several guidelines in mind to ensure their child’s safety. First and foremost, the booster seat must be approved by the U.S. Department of Transportation and must meet or exceed all Federal Motor Vehicle Safety Standards. It should also be age-appropriate, meaning it must be used in accordance with the child’s age, size and weight requirements.
As of 2019, the American Academy of Pediatrics recommends booster seats until the child is 12 years old or reaches 57 inches in height. As a general rule of thumb, kids transition to booster seats when they have outgrown their current car seat. This typically occurs between ages 5 and 7.
Booster seats should also be installed in the back of the vehicle—if possible, in the center position. When the child is strapped into the booster seat, the seat belt should cross over the shoulder so that it doesn’t slide off the shoulder or neck during a crash. If the booster seat has a strap to secure it into the vehicle, consider using it to secure the booster seat as well as the child.
Once the child is secured in the booster seat, check the fit of the seat belt. It should fit snugly so that the child is not able to slip the strap off their shoulder and it should fit low on the hips. The lap belt should fit across the child’s upper thighs, and if there is a head support, it should be behind the child’s head.
An incorrect fit can lead to serious injury even during minor accidents. For example, the child may slip under the seat belt or be propelled directly into the headrest, resulting in injuries like whiplash, spinal cord damage, or facial and abdominal injuries.

Arkansas Booster Seat FAQs

What are the booster seat requirements for Arkansas?
Arkansas booster seat law requires the following based on age and weight:
Child Under Six – Arkansas booster seat law requires that all children under six years of age be positioned in an appropriate car safety system, including booster seats or child restraining system, in the front or back seat until the child reaches the height of 4’9" or the child reaches the age of nine and weighs 80 pounds.
Children Six to Nineteen – Children age six and up until they reach their nineteenth birthday must use a seat belt positioning system (lap/shoulder belt combination) in the front or back seat until they reach the height of 4’9" and are over 80 pounds.
Exceptions – Arkansas booster seat law provides exceptions, even in cases in which the child seat requirements are now in force, for vehicles with manual lap belts, not equipped with a seating system or factory-installed combination lap/shoulder seatbelt systems , vans or buses with capacity of more than ten passengers, or passenger trucks.
What happens if you get caught without the appropriate Arkansas booster seat?
For your first offense, you will be charged with a fine not to exceed $25 or have to attend an educational program. For your second, third or any subsequent offense you will be charged with not paying a fine that will not exceed $100.
Are there any exemptions to Arkansas booster seat law?
Yes. Arkansas booster seat law provides exemptions for vehicles with manual lap belts, those that are not equipped with a seating system or factory-installed combination lap/shoulder seatbelt systems, vans or buses with capacity of more than ten passengers, or passenger trucks.
Even in those cases, parents and guardians are highly encouraged to put their children in a proper car safety system, to protect them in case of a car accident.