Seat belts, child seats and phone laws in Delaware

By the end of this topic you can

• You can explain Delaware's seat belt law and who gets the ticket.
• You can choose the right restraint for a child by age and size.
• You can state what phone use is allowed for adults and for permit holders.
• You can recognize and avoid common distractions.

What you need to know and understand

• All occupants must be belted or in a proper child seat, and officers can stop you just for an unbelted occupant.
• The driver receives the ticket for any unrestrained or improperly restrained occupant.
• Children under 2 and under 30 pounds must ride rear-facing; under 4 and under 40 pounds in a harnessed seat.
• A child should stay in a booster until reaching the booster's height or weight limit, then wear a seat belt in every seat until 16.
• A child under 12 who is 5 feet 5 inches or shorter must not ride in a front seat with an active passenger air bag.
• Hand-held phone use and texting are banned for all drivers; adults may use a hands-free device.
• GDL permit holders may not use any phone or electronic device while driving, including hands-free.
• The fine for a first hand-held phone offense is $100.

Buckling everyone in

Seat belts and air bags work together. Air bags do not protect you in side impacts, rollovers or rear crashes, and they cannot keep you behind the wheel, so wear the lap and shoulder belt every trip. Putting the shoulder belt under your arm or behind your back is not proper use and can earn a ticket as well as serious injury.

Child restraints by stage

The Delaware Office of Highway Safety runs free car seat fitting stations in all three counties by appointment.

• Under age 2 and under 30 pounds: rear-facing car seat. Never put a rear-facing seat in front of an active air bag.
• Under age 4 and under 40 pounds: car seat with a harness.
• Booster seat: keep using it until the child reaches the booster maker's height or weight limit.
• After the booster, until age 16: a properly fastened seat belt in every seating position.
• Front seat: children under 12 who are 5 feet 5 inches or shorter should ride in the back when the front seat has an active air bag.

Phones and other distractions

Adult license holders may talk only through a hands-free device. They may dial or switch the device on or off, then must put it down. Texting, and using laptops, games or other hand-held devices, is banned. Reporting an emergency is allowed. The Office of Highway Safety lists a $100 fine for a first offense and $200 to $300 for later ones.

If you hold a GDL permit, the rule is stricter: no phone, texting device or similar device at all while driving. State law allows use only once you have stopped off the travel lanes. At 55 mph, looking away for 3 to 4 seconds means driving the length of a football field blind. Eating, adjusting music, grooming and intense conversations all take attention too.

Common mistakes

• Letting a back-seat passenger ride unbuckled on short trips. Most deaths happen close to home, and you get the ticket.
• Moving a child out of a booster too early. Follow the booster maker's limits.
• Answering a call through the car's speakers while on a GDL permit. Hands-free is still banned for you.
• Setting the navigation while moving. Program it before you drive.

Test yourself: Seat belts, child seats and phone laws in Delaware

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Delaware Permit Practice Test
• Delaware Permit Test
• Delaware Driver’s Ed and the Blue Certificate