Colorado § 42-4-236 - Child restraint systems required - definitions - exemptions - penalty.

§ 42-4-236. Child restraint systems required - definitions - exemptions - penalty.

(1) As used in this section, unless the context otherwise requires:

(a) "Child care center" means a facility required to be licensed under the "Foster Care, Kinship Foster Care, Residential, Day Treatment, and Child Placement Agency and Applied Behavior Analysis Clinic Licensing and Certification Act", part 9 of article 6 of title 26, or the "Child Care Licensing Act", part 3 of article 5 of title 26.5.

(a.3) (Deleted by amendment, L. 2010, (SB 10-110), ch. 294, p. 1365, § 3, effective August 1, 2010.)

(a.5) "Child restraint system" means a specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle crash that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended.

(a.7) (Deleted by amendment, L. 2010, (SB 10-110), ch. 294, p. 1365, § 3, effective August 1, 2010.)

(a.8) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than sixteen thousand pounds. "Motor vehicle" does not include motorcycles, low-power scooters, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

(b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that is physically a part of a child restraint system. "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs.

(c) "Seating position" means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion.

(2) (a) (I) Unless exempted pursuant to subsection (3) of this section and except as otherwise provided in subsections (2)(a)(II), (2)(a)(III), and (2)(a)(IV) of this section, every child who is under nine years of age and who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center shall be properly restrained in a child restraint system according to the manufacturer's instructions.

(II) If the child is less than two years of age, the child shall be properly restrained in a rear seat of the vehicle, if a rear seat is available, and:

(A) In a rear-facing child restraint system if the child weighs under forty pounds; or

(B) In a rear-facing or forward-facing child restraint system if the child weighs forty pounds or more.

(III) If the child is two years of age or older, but less than four years of age, and weighs at least twenty pounds, the child shall be properly restrained:

(A) In a rear-facing or forward-facing child restraint system; and

(B) In the rear seat of a vehicle, if a rear seat is available.

(IV) If the child is four years of age or older, but less than nine years of age, and weighs at least forty pounds, the child shall be properly restrained:

(A) In a child restraint system or booster seat; and

(B) In the rear seat of a vehicle, if a rear seat is available.

(b) Unless excepted pursuant to subsection (3) of this section, every child who is at least nine years of age but less than eighteen years of age who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions.

(c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with and that they properly use a child restraint system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system.

(3) Except as provided in section 42-2-105.5 (4), subsection (2) of this section does not apply to a child who:

(a) Repealed.

(b) Is less than nine years of age and is being transported in a motor vehicle as a result of a medical or other life-threatening emergency and a child restraint system is not available;

(c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402 (4)(a), that is operated by a child care center;

(d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 42-4-237;

(e) (Deleted by amendment, L. 2011, (SB 11-227), ch. 295, p. 1399, § 1, effective June 7, 2011.)

(f) Is being transported in a motor vehicle that is operated in the business of transporting persons for compensation or hire by or on behalf of a common carrier or a contract carrier as those terms are defined in section 40-10.1-101, C.R.S., or an operator of a luxury limousine service as defined in section 40-10.1-301, C.R.S.

(4) The division of highway safety shall use existing national highway traffic safety administration occupant protection grant funds to implement a program for public information and education concerning updates to child restraint system requirements, the use of child restraint systems, and the provisions of this section.

(5) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards.

(6) Any violation of this section shall not constitute negligence per se or contributory negligence per se.

(7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), any person who violates any provision of this section commits a class B traffic infraction.

(b) A minor driver under eighteen years of age who violates this section shall be punished in accordance with section 42-2-105.5 (5)(b).

(8) The fine may be waived if the defendant presents the court with satisfactory evidence of proof of the acquisition, purchase, or rental of a child restraint system by the time of the court appearance.

(9) (Deleted by amendment, L. 2010, (SB 10-110), ch. 294, p. 1365, § 3, effective August 1, 2010.)

(10) and (11) Repealed.

Source: L. 94: Entire title amended with relocations, p. 2268, § 1, effective January 1, 1995. L. 95: (1)(a), (2), (3), (5), and (8) amended and (1)(a.5) added, p. 327, § 1, effective July 1. L. 96: (1)(a) amended, p. 267, § 23, effective July 1. L. 99: IP(3) amended, p. 1382, § 7, effective July 1; (3)(a) repealed, p. 1349, § 1, effective August 4. L. 2002: (1) and (2) amended and (9) and (10) added, pp. 1215, 1217, §§ 2, 3, effective August 1, 2003. L. 2003: (2)(b) amended, p. 2358, § 1, effective June 3; (2)(b)(I) amended and (2)(b)(I.5) added, p. 560, § 1, effective August 1. L. 2006: (10) repealed, p. 1512, § 72, effective June 1; (7) amended, p. 439, § 2, effective July 1. L. 2010: (1)(a.3), (1)(a.7), (1)(b), (2), (3), (8), and (9) amended and (1)(a.8) and (11) added, (SB 10-110), ch. 294, pp. 1365, 1364, §§ 3, 2, effective August 1. L. 2011: IP(3) and (3)(e) amended, (SB 11-227), ch. 295, p. 1399, § 1, effective June 7; IP(3) and (3)(f) amended, (HB 11-1198), ch. 127, p. 426, § 27, effective August 10. L. 2017: (1)(a.8) amended, (HB 17-1044), ch. 72, p. 230, § 6, effective March 23. L. 2022: (1)(a) amended, (HB 22-1295), ch. 123, p. 869, § 133, effective July 1; (1)(a.8) amended, (HB 22-1043), ch. 361, p. 2585, § 18, effective January 1, 2023. L. 2024: (2)(a), (2)(b), (3)(b), and (4) amended, (HB 24-1055), ch. 376, p. 2549, § 2, effective January 1, 2025. L. 2025: (1)(a) amended, (SB 25-300), ch. 428, p. 2460, § 71, effective August 6. L. 2026: (1)(a) amended, (HB 26-1425), ch. 299, p. 1688, § 21, effective June 2; (1)(a.5) amended, (HB 26-1237), ch. 117, p. 479, § 49, effective August 12; (1)(a.8) amended, (SB 26-026), ch. 58, p. 244, § 1, effective August 12.

Editor's note: (1) This section is similar to former § 42-4-235 as it existed prior to 1994, and the former § 42-4-236 was relocated to § 42-4-237.

(2) Amendments to subsection (2)(b) by House Bill 03-1144 and House Bill 03-1381 were harmonized.

(3) The introductory portion to subsection (3) was amended in Senate Bill 11-227. Those amendments were superseded by the amendment of this section in House Bill 11-1198.

(4) Subsection (11)(b) provided for the repeal of subsection (11), effective August 1, 2011. (See L. 2010, p. 1365.)

(5) Section 2(2) of chapter 58 (SB 26-026), Session Laws of Colorado 2026, provides that the act changing this section applies to infractions committed on or after August 12, 2026.

Cross references: (1) For the penalty for a class B traffic infraction generally, see § 42-4-1701 (3)(a)(I); for the penalty and surcharge for equipment violations of this section, see § 42-4-1701 (4)(a)(I)(D).

(2) For the legislative declaration contained in the 1999 act amending the introductory portion to subsection (3), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration contained in the 2002 act amending subsections (1) and (2) and enacting subsections (9) and (10), see section 1 of chapter 301, Session Laws of Colorado 2002. For the legislative declaration in HB 24-1055, see section 1 of chapter 376, Session Laws of Colorado 2024. For the legislative declaration in HB 26-1425, see section 1 of chapter 299, Session Laws of Colorado 2026.

ANNOTATION

Parents, as fellow passengers in a vehicle, do not have a duty to assure that their children use seat belts nor to request that a driver drive more carefully because of their children's presence in the vehicle. Wark v. McClellan, 68 P. 3d 574 (Colo. App. 2003).