Booster Seat Laws in Arkansas: Requirements, Penalties, and Exemptions

Booster seat laws in Arkansas are built into a single child restraint statute, and the rule is simpler than in most states: a child must ride in a child passenger safety seat only while under six years old and under sixty pounds. Once a child hits either mark, age six or sixty pounds, a standard seat belt satisfies the law. All children under fifteen must be buckled in some form of restraint.

What the Statute Requires

The governing law is Arkansas Code § 27-34-104, part of the state’s Child Passenger Protection Act. It applies to any driver transporting a child under fifteen in a passenger car, van, or pickup truck on a public road.¹

The requirements split into two tiers:

A child under six years old and under sixty pounds must ride in a child passenger safety seat that meets federal motor vehicle safety standards and is properly secured to the vehicle.
A child who is at least six years old or at least sixty pounds may use a standard vehicle seat belt, properly secured.

The connector matters. A five-year-old who already weighs sixty pounds may legally use a regular seat belt, and so may a six-year-old who weighs only fifty pounds.¹ Between six and fourteen, a seat belt is the minimum.²

What the Law Does Not Require

Arkansas’s statute is unusually broad about the details. It does not distinguish among rear-facing seats, forward-facing harness seats, and booster seats. It sets no height threshold, so the 4-foot-9-inch benchmark used in many other states does not appear in Arkansas law. And it does not require any child to sit in the back seat.¹

That leaves a wide space between what the law demands and what child safety organizations recommend.

Penalties for a Violation

A violation of the child restraint law carries a fine of $25 to $100.³ The statute is a primary enforcement law, effective since June 30, 2009, which means an officer can stop a vehicle solely because a child appears to be improperly restrained.⁴

There is a way to reduce the fine. If the driver shows the court “satisfactory proof” that they have purchased, acquired, or rented an approved child passenger safety seat, the court must reduce the fine to the $25 minimum. The court also considers whether the child was at least restrained by a seat belt at the time of the stop.³

Where Arkansas Law Falls Short of Safety Guidance

The American Academy of Pediatrics and the National Highway Traffic Safety Administration both recommend keeping children in each stage of restraint longer than Arkansas requires.

The AAP recommends rear-facing seats up to the manufacturer’s maximum height or weight, with most convertible seats accommodating rear-facing use for at least two years.⁵
A forward-facing harness seat should stay in use until the child outgrows the manufacturer’s limits, ideally at least through age four.⁵
The AAP recommends a belt-positioning booster until a child is at least 4 feet 9 inches tall, typically between ages eight and twelve.⁵
The AAP and NHTSA both recommend that all children under thirteen ride in the back seat.⁶

Arkansas Children’s Hospital puts the gap plainly: state law requires a booster seat until age six and sixty pounds, while the AAP recommends a booster until at least age eight, eighty pounds, or 4 feet 9 inches tall.⁷ Most children do not fit a standard seat belt properly until age ten to twelve.⁵

How to Tell If a Seat Belt Actually Fits

Because Arkansas lets children move to a seat belt relatively early, knowing what a proper fit looks like matters. NHTSA and the University of Arkansas Division of Agriculture use the same three-part check:

The lap belt lies flat across the upper thighs, not the stomach.
The shoulder belt crosses the chest and shoulder, not the neck or face.
The child sits with knees bent over the edge of the seat and feet touching the floor.

⁸ A child who cannot pass all three tests is safer in a booster, regardless of whether the law technically allows a seat belt alone. The Arkansas Highway Safety Office recommends children ages eight through twelve keep using a booster until they can pass the fit check.⁹

Which Vehicles Are Exempt

The statute covers passenger cars, vans, and pickup trucks, and it explicitly exempts vehicles “operated for hire,” which reaches traditional taxis.¹ School buses fall outside the law’s scope because the covered vehicle types are limited to those three categories of passenger automobiles.

Where to Get a Seat Checked or Get Help Buying One

Proper installation matters. NHTSA estimates that nearly half of all car seats are installed incorrectly.¹⁰

Arkansas Children’s Hospital in Little Rock runs a Child Passenger Safety Education Program funded by NHTSA and administered through the Arkansas State Police Highway Safety Office. Certified technicians inspect and correct installations, and parents can call 501-364-3400 to schedule an appointment. The program also loans safety seats to families and coordinates a statewide distribution program that supplies seats to organizations serving vulnerable populations in communities with certified technicians.⁷

To locate a certified technician outside Little Rock, the University of Arkansas Cooperative Extension Service directs parents to the Safe Kids technician database at cert.safekids.org,¹¹ and NHTSA maintains a Car Seat Inspection Finder on its website.⁸

1
Justia Law. Arkansas Code § 27-34-104 Requirements
2
City of Rogers, Arkansas. Child Seats
3
FindLaw. Arkansas Code § 27-34-103
4
Insurance Institute for Highway Safety. Seat Belt Law Table
5
HealthyChildren.org. Car Safety Seats Information for Families
6
NHTSA. Car Seat Recommendations for Children by Age and Size
7
Arkansas Children’s. Motor Vehicle Safety
8
NHTSA. The Right Seat
9
Toward Zero Deaths Arkansas. Learn the Law
10
NHTSA. Keep Kids Safe on the Road
11
University of Arkansas Division of Agriculture. Car Seat Safety