Seat belts, child seats and phone laws in New York

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 correct child restraint by age.
• You can explain what phone use is and is not allowed while driving.
• You can describe the penalties for phone and texting violations, including for junior and probationary drivers.
• You can reduce other distractions in the car.

What you need to know and understand

• The driver and every passenger 16 or older must wear a seat belt, one person per belt; each can be fined up to $50.
• The driver is responsible for passengers under 16: a $25 to $100 fine and 3 points per violation.
• Children under 4 ride in a federally approved child safety seat; rear-facing until at least age 2 or the seat's limit.
• Children aged 4 to 7 use a booster seat or other appropriate restraint with a lap and shoulder belt.
• Holding a phone to talk or using a portable device to text while driving costs up to $200 for a first offense and 5 points.
• Junior and probationary drivers convicted of phone or texting use are suspended for 120 days.

Buckling up everyone

As the driver, you must wear a seat belt. Every passenger aged 16 or older must wear one too, one person per belt, and can be fined individually. For anyone under 16, the responsibility is yours: each unbelted child can cost you a fine of $25 to $100 and 3 points.

Air bags work with seat belts, not instead of them. Sit with at least 10 inches between your chest and the steering wheel cover, keep your hands at the 9 and 3 o'clock positions, and never put a rear-facing child seat in a front seat that has a passenger air bag.

Child seats by age

• Under 4: a federally approved child safety seat attached with a seat belt or LATCH anchors.
• Rear-facing until age 2, or until the child reaches the seat maker's highest rear-facing weight or height limit.
• Ages 4 to 7: a booster or other appropriate child restraint used with a lap and shoulder belt.
• Ages 8 to 15: a seat belt. A booster is still recommended for a child under 4 feet 9 inches or under 100 pounds.

Phones and other devices

You may not hold a phone to talk or listen while driving. You may touch it only to start or end a call, and a hands-free phone, which needs neither hand, can be used. Texting, emailing or using any portable electronic device while driving is illegal. Fines climb from up to $200 for a first texting offense to up to $250 and then $450 for repeat offenses within 18 months, and each conviction carries 5 points.

The penalties are heavier for new drivers. A junior permit or license holder, or a driver still on probation, loses the license for 120 days for a first phone or texting conviction, and faces at least a one-year revocation for another within six months of getting it back. Emergency calls are an exception. Our site has a guide to the cell phone law for junior and probationary drivers.

Other distractions

Anything that pulls your eyes, hands or mind from driving is a distraction. Avoid eating, arguing or emotional conversations at the wheel, secure pets in a carrier, and set your music and navigation before you move off.

Common mistakes

• Letting a 17-year-old friend ride unbelted in the back. You can be ticketed and get 3 points.
• Holding the phone on speaker to talk. It still counts as hand-held use.
• Reading a text at a red light. You are still driving in the eyes of the law.
• Moving a child out of a booster too early because of their age rather than their size.

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

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

Go deeper

• NY Cell Phone Law for Junior and Probationary Drivers
• NY Zero Tolerance Law, DWI and Leandra’s Law Explained
• New York Green Light Law