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California's New Booster Seat Law From 1 January 2027: Ages 8 to 15 Must Pass the 5-Step Test

From 1 January 2027, AB 435 requires California children aged 8 to 15 to pass a 5-step belt-fit test or stay in a booster. The exact wording, ages and fine.

Muhammad Shahzeb· Published ·4 min read
The short answer

From 1 January 2027, California's AB 435 says a child aged 8 or older but under 16 may ride with the adult seat belt alone only if the belt passes all five steps of a fit test; otherwise the child must stay in a booster or car seat. Children under 8 still need a car seat or booster unless they are 4 ft 9 in or taller. The base fine is $100 for a first offence.

Short answer: from 1 January 2027, a child in California who is 8 or older but under 16 may ride with the adult seat belt alone only if the belt passes all five steps of a fit test. If it fails any step, the child has to stay in a booster or car seat. Nothing changes for children under 8: they still need a car seat or booster unless they are 4 ft 9 in or taller.

The change comes from AB 435, chaptered on 7 October 2025 as Chapter 434, Statutes of 2025. To check your own child, use the five-step seat belt test.

What the law says

AB 435 amends four sections of the California Vehicle Code: 27315 (seat belts), 27318 (buses), 27360.5 and 27363 (children). The rule for older children is in section 27360.5, which, from 1 January 2027, covers "a child or ward who is eight years of age or older, but less than 16 years of age". Such a child may not be transported "without properly securing that child" in a child seat or booster, "unless the child or ward is properly restrained by a safety belt".

What "properly restrained by a safety belt" means is new. The law spells it out as five requirements, all of which must be met. The section says: "This section shall become operative on January 1, 2027."

The five steps, in the law's words

From section 27360.5(c) as amended:

  1. "The child or ward is sitting all the way back against the auto seat."
  2. "The knees of the child or ward bend over the edge of the auto seat."
  3. "The shoulder belt snugly crosses the center of the child's chest and shoulder, not the child's neck."
  4. "The lap belt is as low as possible and is touching the child or ward's thighs."
  5. "The child or ward can stay seated like this for the whole trip."

The same five steps are also written into sections 27315, 27318 and 27363.

Free toolFive-Step Seat Belt TestAnswer the five yes-or-no checks from California's new law (AB 435, from 1 January 2027) to see whether the adult seat belt fits your child or a booster is still needed.Open tool →

8 to 15, or 8 to 16?

Sources disagree. A KPBS report and a California Office of Traffic Safety press template describe the rule as covering children "8 to 16". The statute says "less than 16 years of age", so a child is covered from their 8th birthday up to the day before their 16th. From 16 this section no longer applies. The law firm LCW also reads it as ages 8 to 15.

What changes, at a glance

ChildUntil 31 December 2026From 1 January 2027
Under 8Car seat or booster in the back seat, unless 4 ft 9 in or tallerNo change
8 to 15Seat belt, or a car seat or boosterCar seat or booster, unless the seat belt passes all five steps
16 and overSeat beltNo change

The rest of California's rules (rear-facing under 2 unless 40 lb or 40 in, and the rear-seat rule under 8) are in our booster and car seat laws by state table, which now notes the 2027 change.

The fine

AB 435 does not change the penalties. They are in Vehicle Code 27360.6, which sets a fine of $100 for a first offence and $250 for a second or later offence. A court can reduce or waive the fine for a defendant who is economically disadvantaged and refer them to a community education programme on child passenger safety.

KPBS reported fines of $490. That figure is not in the statute; it is higher than the $100 base fine.

How to do the test

Do it in the car and seat your child actually uses, with the child sitting normally, not posing:

  • Sit the child all the way back. If they have to slouch to bend their knees, step 2 fails.
  • Look at the shoulder belt from the front. On the neck or slipping off the shoulder fails step 3.
  • Check the lap belt sits on the tops of the thighs, not across the stomach.
  • Ask honestly whether they will sit like that for the whole trip, including when asleep.

A child can pass in one car and fail in another, because seat depths and belt anchors differ. Test again in each vehicle, and every few months as they grow.

Sources

This page explains the law; it is not legal advice.

Frequently asked

What is California's new booster seat law for 2027?

AB 435 (Chapter 434, Statutes of 2025). From 1 January 2027, a child who is 8 or older but under 16 must ride in a child seat or booster unless the adult seat belt passes all five steps of the fit test written into the law.

Is it 8 to 15 or 8 to 16?

The statute says "eight years of age or older, but less than 16 years of age", so it covers ages 8 to 15. Some news reports and a state press template say 8 to 16; the law stops before the 16th birthday.

What are the five steps?

Sitting all the way back against the seat; knees bending over the edge of the seat; the shoulder belt snugly across the centre of the chest and shoulder, not the neck; the lap belt as low as possible, touching the thighs; and able to stay seated like this for the whole trip.

What is the fine?

Vehicle Code 27360.6, which AB 435 does not change, sets a $100 fine for a first offence and $250 for a second or later offence. KPBS reported fines of $490, which is more than that base fine.

Does my 8 year old still need a booster in California?

From 1 January 2027, yes unless the adult belt passes all five steps. Until then, a child of 8 or over may use the seat belt alone.