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Public Act 21 of 2024, effective April 2, 2025, amended MCL 257.710d and MCL 257.710e of the Michigan Vehicle Code (MVC) to prescribe new requirements for the seating and positioning of children in child restraint systems based on the child’s age, and the child’s height and weight as set by the manufacturer of the restraint.
MCL 257.710d requires a driver to secure a child in a motor vehicle in a restraint system that meets the standards prescribed in 49 CFR 571.213. The child shall be positioned in a child restraint system in a rear seat, if the vehicle is equipped with a rear seat. If all available rear seats are occupied by children, then the child may be positioned in a child restraint system in the front seat. A child in a rear-facing child restraint system may be placed in the front seat only if the front passenger airbag is deactivated. Additionally, a child must be seated and positioned in a child restraint system as follows:
Infant to 2 years: A child must be restrained in a rear-facing child restraint seat until the child is either 2 years of age or has reached the weight or height limit of the rear-facing child restraint system set by the manufacturer.
2 to 5 years: Once a child meets either of the conditions above, the child must then be restrained in a front-facing child restraint seat until the child is either 5 years of age or has reached the weight or height limit of the rear-facing child restraint system set by the manufacturer.
5 to 8 years: Once the child has met either of the conditions above, the child must be restrained in a belt-positioning child booster seat secured with a lap-shoulder safety belt until the child is either 8 years of age or has reached the height of 4 feet 9 inches.
8 to 13 years: When the child has met the conditions above, but is less than 13 years of age, they must be restrained in a properly adjusted and fastened safety belt and positioned in a rear seat, if the vehicle is equipped with a rear seat. If all rear seats are occupied by children, then the child may be positioned with a properly adjusted and fastened safety belt in the front seat.
To maximize safety, the legislature recommends that a child be secured in a child restraint system for as long as the child is within the weight and height limits set by the manufacturer.
A person who violates this section is responsible for a civil infraction.
MCL 257.710e requires the operator and each front seat passenger wear a properly adjusted and fastened safety belt. If there are more passengers than safety belts available for use, and all safety belts in the motor vehicle are being utilized in compliance with MCL 257.710e, the operator of the motor vehicle is compliant.
13 years to less than 16 years: Children 13 years of age but less than 16 years of age must be secured in a properly adjusted and fastened safety belt except as follows:
• A child 13 years of age to less than 16 years of age may be transported without a seat belt in any seat other than the front seat if there are more children than there are safety belts available and all other safety belts are being used in compliance with this section.
• If the vehicle is a pickup truck without an extended cab or jump seat and all safety belts in the front seat are being used, the operator may transport a child in the front seat without a seatbelt.
A person who violates this section is responsible for a civil infraction.
Previously, MCL 257.907 permitted the courts to waive any civil fine, cost, or assessment against an individual who received a violation of MCL 257.710d if that individual showed the court evidence of acquisition, purchase, or rental of a child seating system required under MCL 257.710d.
Under the updated statute, the court may now waive any civil fine, cost, or assessment for a violation of MCL 257.710d if the individual shows evidence of acquisition of a child seating system as required in MCL 257.710d and shows evidence the individual has received education from a certified child passenger safety technician.
Officers and other traffic safety partners should know that the Office of Highway Safety Planning (OHSP) has created a flyer outlining the updates to Michigan’s Child Passenger Safety Laws, and printed copies of the flyer may be ordered at no cost by emailing TrafficSafety@michigan.gov or writing in the item on the Traffic Safety Materials Catalog Order Form.
