CVC 27360Eligible for written declaration

Child Safety Seat Violation

A parent, legal guardian or driver transporting a child under 8 without properly securing the child in a rear seat in an appropriate child passenger restraint system (rear-facing for a child under 2, with the section's height and weight exceptions).

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $486DMV Points: 1🏫 Traffic school may be available

1 DMV point on a conviction (Vehicle Code 12810(h)).

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

What is a Child Safety Seat Violation ticket?

CVC 27360(a) says that, except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under eight years of age on a highway in a motor vehicle, as defined in Section 27315(c)(1), shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards. Under 27360(b), a child under two years of age shall be secured in a rear-facing system that meets those standards unless the child weighs 40 or more pounds or is 40 or more inches tall, within the manufacturer's height and weight limits. Under 27360(c), the section does not apply to a driver if the parent or legal guardian of the child is a passenger in the vehicle.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under eight years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards. (b) Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under two years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure the child in a rear-facing child passenger restraint system that meets applicable federal motor vehicle safety standards, unless the child weighs 40 or more pounds or is 40 or more inches tall. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the child passenger restraint system. (c) This section does not apply to a driver if the parent or legal guardian of the child is a passenger in the motor vehicle. (d) This section shall become operative January 1, 2017.

What the Officer Must Prove

1You were a parent, legal guardian, or driver transporting a child under eight years of age on a highway in a motor vehicle
2The child was not properly secured as CVC 27360(a) or (b) requires
3No exception in Section 27363 applied

Arguments Commonly Raised for Child Safety Seat Violation

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Parent or guardian in the vehicle

CVC 27360(c) says the section does not apply to a driver if the parent or legal guardian of the child is a passenger in the vehicle.

Rear-facing rule

CVC 27360(b) requires a rear-facing system for a child under two years of age unless the child weighs 40 or more pounds or is 40 or more inches tall. Describe the child's age, weight, and height.

Exceptions in Section 27363

CVC 27363 lets the court exempt a class of child for physical unfitness, medical condition, or size; allows transport without a system in a life-threatening emergency or in an authorized emergency vehicle if none is available (with a seatbelt); and allows a lap belt alone for a child over 40 pounds in a backseat without a lap and shoulder belt.

Child 4 feet 9 inches or taller

CVC 27363(d) says a child under eight years of age who is four feet nine inches in height or taller may be properly restrained by a safety belt rather than by a child passenger restraint system. Give the child's height.

Front seat allowed

CVC 27363(e) lets a child under eight ride properly secured in an appropriate child passenger restraint system in the front seat when there is no rear seat, the rear seats are side-facing jump seats or rear-facing seats, the system cannot be installed properly in the rear seat, all rear seats are already occupied by children seven years of age or under, or medical reasons require it (the court may require proof). A rear-facing system may not be used in the front seat with an active frontal passenger airbag (27363(f)).

⚠️ Common Mistakes

✗Not keeping the car seat's label and manual
✗Leaving out the child's age, weight and height

What this code section covers (general information)

CVC 27360 — Child Safety Seat Violation. A parent, legal guardian or driver transporting a child under 8 without properly securing the child in a rear seat in an appropriate child passenger restraint system (rear-facing for a child under 2, with the section's height and weight exceptions).

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 27360. It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

Frequently Asked Questions About Child Safety Seat Violation

When can my child ride forward-facing?▼

CVC 27360(b) requires a child under two years of age to be secured in a rear-facing child passenger restraint system unless the child weighs 40 or more pounds or is 40 or more inches tall, and within the manufacturer's height and weight limits.

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Traffic School Option

One DMV point (Vehicle Code 12810(h)). The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.

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Related Violations

CVC 27315