Child car seats in Spain: children up to 135 cm need a restraint, and when they may sit in front

Short answer. In Spain a child who is 135 centimetres tall or less must travel in an approved child restraint system (sistema de retención infantil, or SRI) suited to the child's height and weight, and in the back seat. The front seat is allowed only in three cases, and always with the restraint. The rule is in article 117 of the Reglamento General de Circulación, and article 13.4 of the Ley de Tráfico allows the front or rear seats to be banned for minors according to age or height.

If you know the rules of another country, note that Spain's test is height, not age or weight. A tall nine-year-old and a small thirteen-year-old are treated by the same measuring stick.

The rule: height decides

Article 117.1 does not mention years. It says that minors of 135 cm or less must use a child restraint. A child of 11 who is 130 cm needs one; a child of 8 who is 140 cm does not, and uses the vehicle's belt like any adult. All occupants must wear their belts fastened in towns and on inter-urban roads.

When a child may sit in the front

In a vehicle with up to nine seats, a child of 135 cm or less may sit in front only with an approved restraint adapted to height and weight, and only in these cases (art. 117.3):

1. The vehicle has no rear seats.
2. All rear seats are already taken by children of up to 135 cm.
3. It is not possible to fit all the restraints in the rear seats.

If the child sits in front and the car has a front airbag, a rear-facing restraint may be used only if the airbag has been deactivated.

A worked example: three children in a saloon

A family travels in a five-seat car with children aged 3, 6 and 10, all under 135 cm. Only two child seats fit across the back.

• The two younger children sit in the back, each in a restraint installed as the manufacturer's instructions say (art. 117.4).
• The third does not fit. The third exception applies, so this child may sit in front, in an approved restraint adapted to height and weight.
• If the front restraint faces backwards, the front airbag must be off. The rule requires that only for rear-facing restraints.

The trap. "Over 12 no seat is needed" is false: the line is height, 135 cm. "He is heavy enough" and "it is only a short trip" do not help either: article 117.1 applies to every minor of 135 cm or less, in town as well. The one concrete exception is the taxi: in urban traffic or urban areas of big cities, a taxi may carry a person under 135 cm without a restraint if they sit in the back (art. 119.2, in the wording of Royal Decree 518/2026).

Motorcycles and mopeds

A passenger on a moped or motorcycle must be over twelve, wear an approved helmet, sit astride behind the rider with feet on the footrests, and the vehicle's documents must allow a passenger (RGC art. 12). By exception, children over seven may ride as passengers when the rider is their father, mother or guardian, or an adult they authorise, with an approved helmet (Ley de Tráfico, art. 13.5).

If the rule is not followed

Not using the belt or the child restraint properly is a serious offence, with a 200 euro fine (Ley de Tráfico, art. 76.h) and the loss of 4 points (annex II, item 15). Carrying minors in front or rear seats where it is not allowed is also a serious offence (art. 76.i).

Keep going

• The topic in the syllabus: passive safety: belts, airbags and child seats.
• Related rules: mobile phone and headphones and car lights.
• Practise: today's free 30-question DGT exam, available in English.

Reviewed against the consolidated BOE text on 11 October 2026. DrivingLingo is independent and is not endorsed by the DGT. This page is not legal advice.