Over the last 50 years, the number of children killed in car accidents each year has declined significantly thanks to states’ adoption of more stringent legislation pertaining to motor vehicle safety. Nevertheless, parents and guardians of young children are responsible for the safety of any minors in their care, and failing to comply with established traffic safety laws is a surefire way to put young lives in jeopardy.

Tennessee is one of 20 states that require young children to sit in the rear of a vehicle, but the guidelines and requirements don’t stop there. Below are some frequently asked questions about child passenger safety laws in the state of Tennessee:

• At what age can children sit in the front seat?
• Is there a height requirement for children to sit in the front seat?
• Do children in the back seat have to wear seatbelts?
• Can I get a ticket for violating child restraint laws?

At what age can children sit in the front seat?

In 2004, the Tennessee State Legislature revised its child restraint laws to provide clear guidance for parents and guardians looking to protect their children while traveling in motor vehicles. According to that revised code, children are not permitted to sit in the front seat of a vehicle until they are at least 9 years of age.

Prior to age 9, children must be positioned and restrained in motor vehicles pursuant to Tennessee’s other document child restraint laws, which dictate:

• Children under 1 year of age or any child weighing less than 20lbs. must be restrained in a rear-facing car seat in the back seat of a vehicle
• Children between the ages of 1 and 3 who weigh more than 20 lbs. may ride in a forward-facing car seat in the back seat of a vehicle
• Children between the ages of 4 and 8 who are shorter than 4’ 9” tall must sit in a belt-positioning booster seat in the rear of a vehicle

Once a child turns 9 years old or reaches 4’9” in height, he or she is technically permitted to ride in the front seat of a vehicle; however, the state code recommends that children continue to be placed in the rear seat of a vehicle until they reach 13 years of age.

It is also important to note that Tennessee state law provides that children should be placed in the rear seat of a vehicle if and when a rear seat is available. In vehicles that do not have a rear seat, such as in the cabs of some pick-up truck models, children may ride in whichever seat is available, as long as they are properly restrained.

Is there a height requirement for children to sit in the front seat?

As mentioned in the previous section, the Tennessee code makes clear that children may not ride in the front seat of a vehicle until they have reached a height of at least 4’9”. While this guidance generally pertains to children between the ages of 9 and 12, state law recognizes that some children younger than nine may be too tall to remain in belt-positioning booster systems. In these cases, children younger than nine may ride without a child passenger restraint system, but these children should be positioned in the rear seat of a vehicle to maximize their safety.

Children with medical conditions or disabilities that preclude them from riding in standard child passenger restraint systems are still subject to Tennessee’s child restraint laws. If a child cannot ride in one of the conventional restraint systems outlined in the legislative code, parents or guardians must obtain a written prescription from the child’s healthcare provider for a professionally manufactured modified system. Anyone transporting a child in such a modified system must retain a copy of this prescription and be prepared to provide it to law enforcement upon request.

Do children in the back seat have to wear seat belts?

While adult passengers in Tennessee are not required to wear seat belts when riding in the rear seat of a vehicle, all children are required by state law to wear a seat belt – regardless of their seat position. Older children with learner’s permits or driver’s licenses should also be aware that state law requires drivers to wear seat belts at all times while operating a motor vehicle.

According to a study conducted by the National Highway Traffic Safety Administration, 36% of 8 to 12-year-old children killed in motor vehicle accidents were not wearing their seat belts at the time of a crash. The State of Tennessee does not take these statistics lightly and invests heavily in marketing campaigns like “Click it Or Ticket” to educate the public about the dangers of riding in passenger vehicles without wearing a seatbelt and failing to comply with the State’s restraint laws can have significant legal consequences.

Can I get a ticket for violating child restraint laws?

In short, yes, you can get a ticket for failing to comply with the child restraint laws outlined above and in Tennessee’s state code. However, it is important to understand who is technically responsible for following these laws when children are involved. If a child’s parent or legal guardian is physically present at the time a violation is observed, that parent or legal guardian is considered responsible for the violation, regardless of whether that parent or guardian was driving the vehicle.

On the other hand, if a child is riding without a parent or guardian present, the driver of the vehicle is considered responsible for the violation and may receive a citation from law enforcement. Only one violation can be assessed per vehicle per incident, regardless of how many children were found unrestrained during the traffic stop, but repeated violations may result in more severe consequences. For a first offense, violators may choose to appear in court or pay a $50 fine to the clerk of the court where the charge was alleged to have occurred.

Need more information?

If your child was injured in a car accident in Tennessee, the team at Banks and Jones might be able to help. Our Knoxville-based professionals have the experience to navigate Tennessee’s unique legal system. Contact us today for a free consultation.