Seat belts and child seats in South Dakota (2026)
Last reviewed: 9 October 2026
In short: The operator and front-seat passengers must wear seat belts. Children under 5 must be in a child passenger restraint system, and passengers aged 5 to 17 must wear a belt in any seat.
| Rule | What applies |
|---|---|
| Seat belt compulsory in front seatsPassenger cars | Yes [1] |
| Seat belt compulsory in rear seatsPassenger cars | No [2] |
| Child restraint required untilPassenger cars | A child under 5 must be in a child passenger restraint system. The requirement is met by a seat belt if the child is under 5 and weighs at least 40 pounds. [3] |
| Children in the front seatPassenger cars | ⚠ Not yet verified |
| Rear-facing child seat in front with active airbagPassenger cars | ⚠ Not yet verified |
| Can police stop you for this alone?Passenger cars | Secondary: the seat-belt chapter is enforced only as a secondary action. A violation is a petty offence. [4] |
Notes
- The adult belt duty covers the operator and front-seat passengers only. The driver must ensure that every passenger aged 5 to under 18 wears a belt in any seat (32-37-1.1).
Sources
- South Dakota Legislature: South Dakota Codified Laws 32-38-1 Use required--Public highways--Front seat passenger (consulted 9 October 2026) · all sources
- South Dakota Legislature: South Dakota Codified Laws 32-37-1.1 Operator to assure that passengers between ages five and eighteen wear seat belts (consulted 9 October 2026) · all sources
- South Dakota Legislature: South Dakota Codified Laws 32-37-1 Use of system required--Violation as petty offense (consulted 9 October 2026) · all sources
- South Dakota Legislature: Codified Law 32-38-5 Enforcement--Violation as petty offense (consulted 10 October 2026) · all sources
South Dakota and neighbouring states
| State | Seat belt compulsory in front seats | Seat belt compulsory in rear seats | Child restraint required until | Children in the front seat | Rear-facing child seat in front with active airbag |
|---|---|---|---|---|---|
| South Dakota | Yes | Only passengers aged 5 to 17 | Under 5 (seat belt at 40 lb or more) | ⚠ Not yet verified | ⚠ Not yet verified |
| Iowa | Yes | Under 18 only | Child seat under 6; seat or belt to 18 | No seating rule | ⚠ Not yet verified |
| Minnesota | Yes, driver and all passengers | Yes, driver and all passengers | Seats by age; adult belt from age 9 or when outgrown | Under 13 in rear seat when available | No if airbag active and rear seat available (under 6/60 lb) |
| Montana | Yes, every designated seat | Yes, every designated seat | Rear-facing under 2; booster to age 8; belt from 9 | No front-seat restriction in the statute | ⚠ Not yet verified |
| North Dakota | Yes | Yes | Under 8, unless 57 in (1.45 m) tall | ⚠ Not yet verified | ⚠ Not yet verified |
| Nebraska | Yes | Under 18 only | Under 8 in a child seat; 8 to 17 in a belt or seat | Under 8: not the front seat if another seat is free | ⚠ Not yet verified |
| Wyoming | Yes | Yes | Under 9 (belt allowed if it fits properly) | Back seat, unless one row or rear belts full | Not allowed |
More rules in South Dakota
- CannabisPossession for personal use: Criminal offence (misdemeanour up to 2 oz)
- Car speed limitsBuilt-up areas: 25 mph unposted · Outside built-up areas (single carriageway): 65 mph; 55 mph township roads
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (operator's licence) · Earliest age to drive a car supervised: 14 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class III: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes
- Knives and pepper sprayFolding pocket knives: Only concealment with felony intent
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $11.85 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (calls allowed) · Hands-free use: Allowed
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21+ (purchase, possess, consume) · Minimum age to buy spirits: 21+ (purchase, possess, consume)
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.