CLARIFY LAW REGARDING CAR SEATS.

Printer-friendly: Click to view
View NCGA Bill Details2025-2026 Session
House Bill 368 (Public) Filed Tuesday, March 11, 2025
AN ACT TO REVISE THE LAW REGARDING THE MANDATORY USE OF CHILD PASSENGER RESTRAINT SYSTEMS AND TO ADD ARBITRATION REQUIREMENTS FOR UNINSURED AND UNDERINSURED MOTOR VEHICLE LIABILITY POLICIES.
Intro. by Loftis, Penny, Ross, Scott.
Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (Jun 16 2026)

SOG comments (1):

Long title change

Submitted by iveybyrd on

Senate committee substitute to the 2nd edition changes the act's long title. Previous title was AN ACT TO CLARIFY LAW REGARDING CHILD RESTRAINT SYSTEMS.

Bill History:

H 368

Bill Summaries:

  • Bill H 368 (2025-2026)
    Summary date: Jun 16 2026 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes. Amends the act’s long title.

    Makes the changes to GS 20-137.1 effective December 1, 2026 (was, 2025).

    Adds the following new content.

    Amends GS 20-279.21 by adding the following to the provisions that apply to every motor vehicle liability policy. Require that when there is an uninsured or underinsured claim under a policy, and the insured and insurer do not agree whether the insured is legally entitled to compensatory damages from the owner of an uninsured or underinsured motor vehicle or the amount of compensatory damages, then the insured may demand to settle the disputes by arbitration. Sets out the conditions under which the insured has the right to demand arbitration when an insured sues the insurer or the owner or operator of an uninsured or underinsured vehicle seeking damages that are subject to a claim for uninsured or underinsured motorist coverage under the policy. Sets out notice requirements for the insured’s arbitration demands. Sets out five procedures that must be used for the arbitration, unless the insured and insurer agree on a different procedure, including: (1) each party will select a competent arbitrator and those two will select a third competent and disinterested arbitrator, (2) each party will pay its chosen arbitrator and half of the all other arbitration expenses, with lawyer and expert witness fees paid by the hiring property, and (3) arbitration will occur in the county and state where the insured resides, arbitration is subject to that jurisdiction’s rules of procedure, the arbitrators will resolve the issues, and a written decision on which two arbitrators agree is binding.

    Business and Commerce, Insurance, Courts/Judiciary, Motor Vehicle, Health and Human Services, Social Services, Child Welfare
    GS 20
  • Bill H 368 (2025-2026)
    Summary date: Apr 9 2025 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends GS 20-137.1, concerning the use of child restraint systems in vehicles, as follows. Amends the exceptions under which a child does not have to be secured in a restraint system in the rear seat as follows: (1) for the exception applying when the vehicle does not have a rear seat, adds that under no circumstances will a child be placed in the front seat of a vehicle that has an active front airbag using a rear-facing child passenger restraint system (previously this was a free-standing provision applicable in all situations) and requires the seat to be secured in a vehicle with a rear seat when height and weight requirements for use of a child passenger restraint system requires the seat to be rear-facing and (2) for the exception applying when the system is designed for use with front air bags (was, air bags), to add that the system must be used according to the manufacturer's instructions as indicated on the label. Allows a child to be restrained by a properly fitted lap belt only when no seating position equipped with a lap and shoulder belt is available and the child is less than eight years old and at least 40 pounds (was, between 40 and 80 pounds under current law and between 40 and 80 pounds and less than 57 inches in height in the previous edition). Makes additional technical and clarifying changes. Amends the act's titles. 

    Courts/Judiciary, Motor Vehicle, Health and Human Services, Social Services, Child Welfare
    GS 20
  • Bill H 368 (2025-2026)
    Summary date: Mar 11 2025 - View Summary

    Amends GS 20-137.1, concerning the use of child restraint systems in vehicles, as follows. Defines child passenger restraint system as any device designed to restrain or position a child in a motor vehicle, including a booster seat. Under the current law, children younger than age eight and less than 80 pounds must be secured in a weight-appropriate child passenger restraint system, with specified provisions applicable when a vehicle has an active passenger side front air bag, and when no seating position equipped with a lap and shoulder belt to properly secure the child passenger restraint system is available. Removes these provisions and now requires the following instead. Requires a child younger than age eight and less than 57 inches in height to be secured in a height- and weight-appropriate child passenger restraint system. Requires, beginning as a newborn, for a child to be properly secured in a rear-facing child passenger restraint system with transition to a forward-facing system according to the manufacturer's instructions related to the child's height and weight requirements for use of the system as indicated by label on the car seat. Requires the child to be secured in a child passenger restraint system in a rear seat unless at least one of three circumstances exist, including when the system is designed for use with air bags. Prohibits placing a child in a rear-facing child passenger restraint system in a front passenger seat that has an active front air bag. Allows a child to be properly secured with a seat belt as follows: (1) a child less than eight years old, 40-80 pounds, and less than 57 inches tall in height may be restrained by a properly fitted lap belt, if no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available and (2) a child at least eight years old or 57 inches in height may be restrained by a properly secured lap and shoulder belt (sets out conditions met in order for a lap and shoulder belt to be considered properly secured).

    Applies to offenses committed on or after December 1, 2025.

    Courts/Judiciary, Motor Vehicle, Health and Human Services, Social Services, Child Welfare
    GS 20
View: All Summaries for Bill