As a trooper, I have parents ask all the time, “At what age/size can a child ride in the front seat of a car legally? At what weight/height does a child no longer need a car seat?” They follow with an explanation like, “My daughter turns 10 in a couple months and occasionally we find our vehicle full of kids on our way to sporting events or just home from school. I don’t usually let my kids ride in the front seat, but occasionally when we are short one seat in the back, there is no other choice.”

The short answer to this question is, yes the 10-year-old child can sit the front seat; however, as a car seat technician, I would not recommend this. Safe Kids Worldwide completed a survey of 1,000 parents of children ages 4 to 10. In that study, they found an alarming number of parents are allowing kids to use a seat belt alone before they are big enough. In fact, seven in 10 parents do not know that a child should be at least 57 inches (4 feet, 9 inches) to ride in a car without a booster seat.

In Michigan, there is no specific law that states a child cannot ride in the front seat; however the following statutes discuss the legal requirements for child restraints up to the age of 16. MCL 257.710d discusses the child restraint system required, positioning, and the exceptions. Sec. 710d(1) states, “Except as provided in this section … each driver transporting a child less than 4 years of age in a motor vehicle shall properly secure that child in a child restraint system …” Sec. (2) states, “A driver…shall position the child in the child restraint system in a rear seat, if the vehicle is equipped with a rear seat. If all available rear seats are occupied by children less than 4 years of age, then a child less than 4 years of age may be positioned in the child restraint system in the front seat. A child in a rear-facing child restraint system may be placed in the front seat only if the front passenger air bag is deactivated.” If a driver was to violate the above statute, they could be cited with a civil infraction.

MCL 257.710e discusses safety belt requirements for driver or passengers and transporting children four years of age but less than 16 years of age. Sec. .710e(3)(b) states, “A child who is 4 years of age or older but less than 8 years of age and who is less than 4 feet 9 inches in height shall be properly secured in a child restraint system …” The child restraint the previous sentence is referring to depends on the child’s weight.

It may be a high-back booster with a harness, or it could simply be a booster seat. Sec. .710e(5) states, ” each operator of a motor vehicle transporting a child 4 years of age or older but less than 16 years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt and seated as required…” If you continue to read, this section also explains what is allowable for children if all seat belts are in use.

The Safe Kids Worldwide website states, “The back seat is the best. It is the safest place to ride for all children under age 13.” The statute may say at the age of eight years old, a child no longer needs a booster seat. For your child’s safety, as a car seat technician, we encourage parents to follow the 4 feet 9 inches tall portion of the statute, as once your child is this height, vehicles seat belts start to properly fit them to provide the best protection while traveling. Safe Kids Worldwide also discusses, “Booster seats protect children who are too big for a car seat but too small for a seat belt. And booster seats can reduce the risk of serious injury by 45 percent compared to seat belts alone. It’s very important to keep kids in a booster seat until they are at least 57 inches tall, (4 feet, 9 inches) and weigh between 80 and 100 pounds.”

Ashley Simpson is a Community Service Trooper for the MSP Alpena Post. If you have a question for Trooper Simpson, you can email her at asktroopersimpson@gmail.com or mail them to Ask A Trooper, Michigan State Police Alpena Post, 3283 W. Washington Ave, Alpena, MI 49707.