Seat belts, child seats and phone laws in New Jersey

By the end of this topic you can

• You can explain who must wear a seat belt and who is responsible for each passenger.
• You can choose the right child restraint by age, height and weight.
• You can state New Jersey's hand-held phone law and its fines.
• You can explain the stricter phone rule for GDL drivers.
• You can reduce other distractions before you drive.

What you need to know and understand

• The driver and all passengers in a passenger vehicle must wear a seat belt.
• Not wearing a belt is a primary offense for the driver, front-seat passengers and anyone under 18.
• The driver is responsible for passengers under 18; adults are responsible for themselves.
• Children under 8 and shorter than 57 inches must ride in a car seat or booster seat in a rear seat.
• Children under 2 who weigh less than 30 pounds must use a rear-facing seat with a five-point harness.
• Using a hand-held phone while driving is a primary offense; hands-free calls are legal for fully licensed adults but discouraged.
• Phone fines are $200 to $400 for a first offense, rising to $600 to $800 for a third, with 3 points from the third offense.
• GDL permit and probationary drivers may not use any phone or electronic device, even hands-free.

Buckling up everyone

New Jersey requires a belt for every occupant of a car, van, pickup or SUV. Police can stop you just because the driver, a front passenger or a child under 18 is unbelted. Back-seat adults 18 and over can be ticketed if the car is stopped for another reason. GDL drivers must make sure every passenger, front and back, is belted.

Wear the lap belt low across your hips and the shoulder belt across your collarbone and chest, never behind your back or under your arm. Never put two people in one belt.

Child seats by stage

• Under 2 and under 30 pounds: rear-facing seat with a five-point harness.
• Under 4 and under 40 pounds: rear-facing until outgrown, then a forward-facing seat with a five-point harness, in a rear seat.
• Under 8 and under 57 inches: forward-facing harness seat or booster seat, in a rear seat.
• Never place a rear-facing seat in front of an active passenger airbag.

Phones and screens

Holding a phone to talk, text or browse while driving is illegal. You may use a hand-held phone only in a real emergency, such as a fire, crash, serious road hazard or medical emergency, with one hand on the wheel. Fines rise with each offense, and a third offense within 10 years adds 3 points and possibly a 90-day suspension.

If you hold a permit or probationary license, you may not use a phone or electronic device at all while driving. Our New Jersey phone law guide for new drivers covers the details.

Other distractions

Eating, adjusting music, reaching for objects and loud passengers all take your eyes or mind off the road. Set your navigation and playlist before you move, keep the radio low enough to hear sirens, and never wear earphones while driving.

Common mistakes

• Assuming back-seat friends do not need belts. GDL drivers must make sure every passenger is belted.
• Moving a child into a booster too early. Follow the age, height and weight steps.
• Using voice-to-text on a probationary license. Any device use is banned for GDL drivers.
• Holding the phone at a red light. You are still driving, and the hand-held ban applies.

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

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

Go deeper

• New Jersey Cell Phone Law for Permit and New Drivers
• New Jersey Permit Practice Test
• Getting a First New Jersey License as an Adult Over 21