Child Passenger Safety Laws in New Mexico

Vehicles are obvious ways to get from point A to point B, but riding in a vehicle can pose danger to the occupants, especially for children. Car crashes are the leading cause of death for children ages 5 through 19 and the second leading cause of death in children birth through age 4 in the United States, according to the Centers for Disease Control and Prevention. One way to reduce the chance of death in a motor vehicle accident is to have your child ride in the proper child safety restraint. The state of New Mexico has certain standards and rules about when a child needs to ride in a child safety restraint.

  1. Birth Through Age 2

    • State of New Mexico law states that children must remain in a rear-facing child safety seat until they reach the age of 1 year and weigh at least pounds. Although the law states that you can move your child to a forward-facing seat after she reaches the age of 1 and weighs 20 pounds, the state of New Mexico recommends, along with the American Academy of Pediatrics, that your child remain in a rear-facing seat until the age of 2 or 35 pounds.

    Up to 40 Pounds

    • When your child moves to a forward-facing harness seat, he must, by law, remain in the harness seat until he reaches at least 40 pounds. The state of New Mexico recommends, however, that your child remain harnessed until he exceeds the height or weight limit of his forward-facing seat -- some seats have upper weight limits of 60 pounds.

    Up to Age 7

    • Until your child̵7;s seventh birthday, she must remain in a booster seat that offers the sufficient height needed for a seat belt to fit her body properly. The age of 7 is the bare minimum, but the state of New Mexico Motor Vehicle Division recommends children remain in the booster seat until a seat belt fits properly without the help of a booster. A properly fitting seat belt will rest across her chest and low across her thighs. She should also be able to stay in an upright position throughout a car ride, and her legs should comfortably bend at the knee at the edge of the seat.

    Fines

    • In the state of New Mexico, a car seat violation is a primary offense. If an officer observes you not using a child restraint properly, he can pull you over for the car seat violation alone, without any other cause. If charged with a car seat violation, you will be subject to a fine of up to $25 for the first offense.

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