South Carolina has a primary safety belt enforcement law. Under the primary law, a law enforcement officer has the authority to stop a driver if the officer has a clear and unobstructed view of a driver or occupant of a motor vehicle not wearing a safety belt or not secured in a child restraint system. 

Seat Belt Law in South Carolina

Please note that South Carolina’s seat belt and related laws are not reproduced in their entirety and the wording used is not identical. The summaries below are intended as a public information service and are not a substitute for consulting the South Carolina Code of Laws as amended.

South Carolina’s safety belt law requires that every driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this state, must wear a fastened safety belt that complies with all provisions of federal law for its use. The driver is charged with the responsibility of requiring every occupant 17 years of age or younger to wear a safety belt or be secured in a child restraint system as required by law. However, a driver is not responsible for an occupant 17 years of age or younger who has a driver’s license, special restricted license, or beginner’s permit and who is not wearing a safety belt.

This law does not apply to:

• A driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons.
• Medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals.
• School, church, or day care buses.
• Public transportation vehicles except taxis.
• Occupants of vehicles in parades.
• United States mail carriers.
• An occupant for which no seat belt is available because all belts are being used by other occupants.
• A driver or occupants in a vehicle not originally equipped with safety belts.

Violators are subject to a fine not more than $25.  No person may be fined more than $50 for any one incident of more than one violation.

You can read more about South Carolina's seat belt laws here.

Child Passenger Safety Laws

South Carolina law requires children to be in an approved safety seat until they reach the age of 8 or a height of 57 inches.

For all children under the age of 13, the back seat is the safest place for them to ride. They are better protected from head-on collisions, which constitute about 60 percent of all crashes. 

In addition, they are not at risk for being injured by the passenger air bag, which is designed for adult protection in conjunction with a seat belt. However, if a motor vehicle lacks a rear passenger seat, or if all of its rear seating positions are occupied by children under eight years of age, a child under eight years of age may be transported in the front seat of the motor vehicle if the child is secured properly in an appropriate child passenger safety restraint system or belt-positioning booster seat as described. 

You can read the child passenger restraint system laws in the South Carolina Code of Law Section 56-5-6410 through Section 56-5-6420.

Children are our most precious cargo. And one of the safest choices you can make for your child in a vehicle is to secure them in a properly sized child safety seat. Read more about Child Passenger Safety.

Pickup Truck Open Bed Law 

South Carolina law prohibits the transportation of a person under 15 years of age in the open bed or open cargo area (no permanent overhead restraining construction) of a pickup truck or trailer, except when:

• An adult is present in the bed or cargo area and is supervising the child.
• The child is secured or restrained by a seat belt manufactured in compliance with federal safety standards and installed to support a load of not less than 5,000 pounds.
• An emergency situation exists.
• The vehicle is being operated in an organized hayride or parade pursuant to a valid permit.
• The vehicle is being operated while hunting or in an agricultural enterprise.
• The vehicle is being operated in a county which has no incorporated area with a population greater than 3,500; or
• The vehicle has a closed metal tailgate and is being operated less than 36 mph.

The fine for a violation of this section is $25. No driver’s license points or insurance surcharge may be assessed for a violation of this section.

You can read the South Carolina Transportation of Minors in Open Vehicles law in the South Carolina Code of Law Section 56‑5‑3900.

Buckle Up South Carolina

Buckle Up SC is a public education campaign to educate drivers about the dangers of driving without a seat belt. Find our more about the Buckle Up SC campaign here.

Additional Resources

• National Child Restraint Recommendations
• Child Safety Q & A
• Special Needs Transportation
• Choosing the Right Car Seat
• DPH Child Passenger Safety Program
• Car and Booster Seat Information | NHTSA
  • Installing Rear-Facing Car Seats
  • Installing Forward-Facing Car Seats
  • Installing Booster Seats
• Car Seat Installation Tips | NHTSA
• Safe Kids Car Seat Safety Tips