Seat belts, child seats and phone laws in California

By the end of this topic you can

• You can explain who must wear a seat belt and who gets the ticket.
• You can choose the right restraint for a child by age and height.
• You can describe how an adult and a pregnant passenger should wear a belt.
• You can explain what phone use is legal for adults and for drivers under 18.
• You can set up your car to avoid distractions before you drive.

What you need to know and understand

• Drivers and all passengers must wear seat belts; the driver can be ticketed for any unbelted passenger under 16.
• Children under 2 ride rear-facing unless they weigh 40 pounds or more or are 3 feet 4 inches or taller.
• Children under 8, or under 4 feet 9 inches, must ride in a child restraint in the back seat, with a few listed exceptions.
• Sit at least 10 inches from the steering wheel air bag, measured to your breastbone.
• It is illegal to leave a child aged 6 or under alone in a vehicle without someone at least 12 years old.
• Adults may not hold and operate a phone while driving; a mounted phone may be used with a single tap or swipe.
• Drivers under 18 may not use any phone or wireless device while driving, even hands-free, except to call for emergency help.
• You must not smoke in a vehicle when a minor is inside.

Buckling up correctly

The shoulder belt goes across your chest and shoulder with little slack, never under your arm or behind your back. The lap belt sits low and snug across your hips. A pregnant passenger should wear the lap belt as low as possible under the bump, with the shoulder belt to the side of it.

For children, use a rear-facing seat for under-2s, and keep any child under 8 or under 4 feet 9 inches in a child seat in the back. A child under 8 may ride in front only in limited cases, such as when there is no rear seat or all rear seats are taken by children 7 or under. A rear-facing seat must never go in front of an active air bag.

Phones: the adult rule and the teen rule

Our guide to California phone laws for new drivers covers the details for teens.

• Adults: hands-free only. Mount the phone on the windshield, dashboard or center console where it does not block your view, and use only a single tap or swipe to turn a feature on or off.
• Do not read, write or send texts or emails while driving, and let calls go to voicemail if you can.
• Under 18: no calls, texts or apps at all, hands-free or not. The only exception is calling for emergency help.
• Fines start at a base of $20 for a first offense and $50 for later ones, plus court costs. Since July 2021 a repeat handheld conviction within 36 months of an earlier one adds a point to your record.

Cutting other distractions

Set your navigation and music before you move off. Do not eat, put on makeup or reach for items while driving. If a child or pet needs attention, pull over somewhere safe first. Never leave children or animals in a parked car on a warm day; the inside heats up fast even with a window cracked.

Common mistakes

• Putting the shoulder belt behind your back because it rubs your neck.
• Moving a child into a booster or the front seat too early.
• Thinking a teen can use hands-free calling. Under 18, that is still illegal.
• Holding the phone 'just at red lights'. You are still driving when stopped in traffic.

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

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

Go deeper

• California Phone Laws for Teen and New Drivers
• California Permit Practice Test
• California 50 Hours Driving Log