When can a child use a booster seat in Michigan?

As parents – and, thus, as inevitable parental chauffeurs – nothing is more important when we’re on the road than making sure our kids are safe. One of the best ways to do this – aside from not texting while driving, being distracted or speeding – is to make sure our children, our “precious cargo,” are properly and safely secure in the appropriate booster seat, car seat or “child restraint system.”

What confuses nearly every parent at one point or another, however, is knowing the age and height requirements for each type of seat.

A seemingly “gray” safety area for many parents is determining when a child is ready to use a booster seat . . . and, eventually, when a child has outgrown his or her booster.

As a parent and an auto accident attorney who lectures, writes, and blogs about child injury and child safety issues, I’ve encountered this issue many times and here’s what I tell parents and caregivers when they ask for my legal advice:

In Michigan, once children have grown too big (in either height or weight) for their forward-facing car seat, they should move up to a booster and continue using the booster until they’re big enough and old enough to use a properly fitting seat belt all by itself – which is usually once a child has reach 8 years of age or is 4 feet 9 inches or taller.

My advice is based on both Michigan’s Child Car Seat Law and the recommendations of the Michigan Office of Highway Safety Planning (OHSP) – which are discussed in greater detail below.

To learn more about Michigan’s Child Car Seat Law, please check the Michigan Office of Highway Safety Planning’s webpage on “Child Passenger Safety” as well as out Michigan Auto Law’s blog post, “Police interpretation of Michigan’s existing car seat law.”

Michigan’s Child Car Seat Law

Adding to much confusion, Michigan’s Child Car Seat Law does not specifically address the issue of the age and weight at which a child can safely (and lawfully) use a booster seat. (MCL 257.710d(1) and (2); 257.710e(3))

However, the Child Car Seat Law does specify that a child is no longer required to use a car or booster seat once he or she has reached “8 years of age” or is “4 feet 9 inches in height.” (MCL 257.710e(3)(b))

OHSP’s ‘Car Seat Basics’ flyer

In its “Car Seat Basics” flyer, the OHSP recommends the following for the use of booster seats:

“All children whose weight or height is above the forward-facing limit for their seat should use a belt-positioning booster seat . . .”

Kids can move up to using just seat belts, alone, when:

• “[T]he vehicle lap/shoulder [seat] belt fits properly, typically when the child reaches 4’9” tall at 8–12 years old . . .”
• “[C]hildren are old enough and large enough to use the vehicle seat belt alone, always use lap and shoulder belts for optimal protection.”

OHSP’s ‘Michigan Car Seat Basics’ video

In its “Michigan Car Seat Basics” video, the OHSP recommends the following for booster seats for children:

• As for children in Michigan, the OHSP recommends “Booster seats can be used when kids are big enough to sit with the seat belt crossing their hips and collar bone … mature enough to remain in position.”

As for seat belts – and no car seat or booster seat – the OHSP states:

• “Once kids are 4’9” tall or 8 years old, they can use a seat belt.”

Child Car Seat Safety Tips

To keep your kids safe and secure in their car seats, make sure the seats are properly installed.

In its video, “Child Passenger Safety – Common Mistakes,” the OHSP offers these suggestions for improving car seat safety: 

• Harness straps should be snug to the child’s body so you can’t pinch them.
• Car seats, installed with seat belts or LATCH, should not move more than one inch from side-to-side.
• Caregivers should wait until children outgrow the height or weight limit of their seat before moving to the next step, such as rear-facing to forward-facing.
• The chest clip should be secured at the child’s armpits to keep straps correctly positioned and keep kids from wiggling out of their straps during the ride.
• Children should ride in the back seat until they are 13 years old. The force of an air bag may be too strong for children under the age of 13.

Injured in a car accident in Michigan? Call the auto accident attorneys at Michigan Auto Law

If your child was injured in a car accident in Michigan while riding in their booster seat, call now (800) 968-1001 for a free consultation with an experienced car accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

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