Rule Hub · Car SeatsUS child car seat laws, state by state

South Dakota car seat laws

SDCL 32-37-1 · Last checked September 23, 2026

Car seat stages

The statute text comes first. Numbers are a summary for comparison, not a replacement for the law.

Rear-facing seat

Statute text

Not addressed in statute.

Not set in SDCL 32-37-1; the section requires a child passenger restraint system used per the manufacturer's instructions for a child under five but names no rear-facing or harness stage.

What the law sets

Rear-facing seat required by law
Not addressed in statute

Not set in SDCL 32-37-1; the section requires a child passenger restraint system used per the manufacturer's instructions for a child under five but names no rear-facing or harness stage.

Rear-facing until age
Not addressed in statute

Not set in SDCL 32-37-1.

Rear-facing until weight
Not addressed in statute

Not set in SDCL 32-37-1.

Rear-facing until height
Not addressed in statute

Not set in SDCL 32-37-1.

Leaving rear-facing
Not addressed in statute

Not set in SDCL 32-37-1.

Recommended (not law)

NHTSA

Children under age 1 should always ride in a rear-facing car seat. Keep your child rear-facing as long as possible — it's the best way to keep them safe — until they reach the top height or weight limit allowed by the car seat's manufacturer.

NHTSA – Car Seats and Booster Seats

AAP

All infants should ride rear-facing, starting with their first ride home from the hospital, and should continue riding rear-facing as long as possible until they reach the highest weight or height allowed by their car safety seat's manufacturer.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Forward-facing harness seat

Statute text

Not addressed in statute.

Not set in SDCL 32-37-1; the section requires a child passenger restraint system used per the manufacturer's instructions for a child under five but names no rear-facing or harness stage.

What the law sets

Forward-facing harness required by law
Not addressed in statute

Not set in SDCL 32-37-1; the section requires a child passenger restraint system used per the manufacturer's instructions for a child under five but names no rear-facing or harness stage.

Harness until age
Not addressed in statute

Not set in SDCL 32-37-1.

Harness until weight
Not addressed in statute

Not set in SDCL 32-37-1.

Harness until height
Not addressed in statute

Not set in SDCL 32-37-1.

Leaving the harness
Not addressed in statute

Not set in SDCL 32-37-1.

Recommended (not law)

NHTSA

Once a child outgrows the rear-facing car seat, they are ready for a forward-facing car seat with a harness and tether. Keep the child in the forward-facing seat until they reach the top height or weight limit allowed by the car seat's manufacturer, then move to a booster seat, still in the back seat.

NHTSA – Car Seats and Booster Seats

AAP

Children should use a forward-facing car seat with a harness after outgrowing the rear-facing weight or height limit. It is best for children to ride in a seat with a harness as long as possible, at least to 4 years of age.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Booster seat

Statute text

Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions. The child passenger restraint system shall meet Department of Transportation Motor Vehicle Safety Standard 213 as in effect January 1, 1981. The requirements of this section are met if the child is under five years of age and is at least forty pounds in weight by securing the child in a seat belt.

SDCL 32-37-1. The statute does not name booster seats; it requires any child passenger restraint system, and these booster fields record when that requirement ends.

What the law sets

Booster required by law
Yes

Any child passenger restraint system meeting FMVSS 213 satisfies SDCL 32-37-1; a booster is not specifically required.

Booster until age
5 years
Booster until weight
40 lb

A child under five who weighs at least 40 pounds may be secured in a seat belt instead (SDCL 32-37-1).

Booster until height
Not addressed in statute

Not set in SDCL 32-37-1.

Leaving the booster
Meeting any one listed limit is enough

The restraint requirement ends at age five, or earlier at 40 pounds, when a seat belt is enough.

Recommended (not law)

NHTSA

Keep your child in a booster seat until they are big enough to fit in a seat belt properly — the lap belt lying snugly across the upper thighs (not the stomach) and the shoulder belt snug across the shoulder and chest (not the neck or face).

NHTSA – Car Seats and Booster Seats

AAP

All children whose weight or height exceeds the forward-facing limit for their car safety seat should use a belt-positioning booster seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are 8 to 12 years of age.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Seat belt

Statute text

Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion.

SDCL 32-37-1.1. A child under five who weighs at least 40 pounds may already use the seat belt under SDCL 32-37-1.

What the law sets

Seat belt alone from age
5 years
Seat belt alone from height
Not addressed in statute

Not set in SDCL 32-37-1.

Moving to the seat belt
A combination of conditions (see statute text)

The seat belt alone is allowed at five, or under five at 40 pounds; the belt fields have no weight, so the condition is written out.

Moving to the seat belt — conditions
age>=5yr OR weight>=40lb

Recommended (not law)

NHTSA

Once a child is big enough to fit in a seat belt properly, they can ride with just the lap-and-shoulder belt, but should still ride in the back seat — NHTSA recommends keeping children in the back seat at least through age 12.

NHTSA – Car Seats and Booster Seats

AAP

Children should transition to the vehicle seat belt once it fits properly, typically at about 4 feet 9 inches in height and 8 to 12 years of age; all children younger than 13 years should ride in the back seat.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Front seat

Many states have no front-seat age in statute. Where that is the case, we say so and cite the section we read.

Front seat — statute text
Not addressed in statute

No front-seat provision in SDCL chapter 32-37.

Minimum age for the front seat
Not addressed in statute

No front-seat provision in SDCL chapter 32-37.

Conditions
Not addressed in statute

No front-seat provision in SDCL chapter 32-37.

Penalties

What a car seat ticket costs, and whether showing proof of a proper seat can cancel it.

First offense — fine
Up to $25

A violation is a petty offense (SDCL 32-37-1); SDCL 23-1A-22 grants the prevailing plaintiff a judgment of $25, which the trial court may reduce or eliminate in the interest of justice.

Repeat offense — fine
Up to $25

SDCL 32-37-1 sets no separate repeat penalty; the $25 petty offense judgment under SDCL 23-1A-22 applies to every violation.

License points
Not addressed in statute

Not set in SDCL 32-37-1. The point schedule in SDCL 32-12-49.1 lists no child restraint offense; it assigns two points to "other moving offenses", which it does not define.

Fine waiver
Not addressed in statute

Not set in SDCL 32-37-1; the chapter has no proof-of-seat waiver. SDCL 23-1A-22 lets the trial court reduce or eliminate the $25 judgment in the interest of justice.

Exemptions

Exempt means the statute excludes it. Silent means the statute does not address it.

Taxis
Not addressed in statute

SDCL chapter 32-37 does not address taxis or vehicles for hire.

Rideshare (Uber, Lyft)
Not addressed in statute

SDCL chapter 32-37 does not address transportation network companies.

Buses
Not addressed in statute

SDCL 32-37-1 covers a "passenger vehicle", which the chapter does not define, and it does not name buses.

Medical exemption
Not addressed in statute

SDCL chapter 32-37 has no medical exemption.

Out-of-state vehicles
Not addressed in statute

SDCL chapter 32-37 does not address nonresident drivers or out-of-state vehicles.

How South Dakota compares

South Dakota ranks 47th of 47 jurisdictions with a numeric booster age, requiring a booster until age 5.

Compared with Iowa, Minnesota, Montana, Nebraska, North Dakota, and Wyoming, South Dakota differs on: rear-facing rules (from Iowa, Minnesota, Montana, and Nebraska), booster rules (from Iowa, Minnesota, Montana, Nebraska, North Dakota, and Wyoming), and front-seat rules (from Minnesota, Nebraska, and Wyoming).

Law compared with the AAP recommendation

  • South Dakota law does not address this stage. AAP recommends: All infants should ride rear-facing, starting with their first ride home from the hospital, and should continue riding rear-facing as long as possible until they reach the highest weight or height allowed by their car safety seat's manufacturer.
  • South Dakota law does not address this stage. AAP recommends: Children should use a forward-facing car seat with a harness after outgrowing the rear-facing weight or height limit. It is best for children to ride in a seat with a harness as long as possible, at least to 4 years of age.
  • South Dakota law: a booster seat is required until the child reaches age 5 or 40 lb, whichever comes first. AAP recommends: All children whose weight or height exceeds the forward-facing limit for their car safety seat should use a belt-positioning booster seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are 8 to 12 years of age.
  • South Dakota law: a child may use the seat belt alone once this condition is met: age ≥ 5 yr or weight ≥ 40 lb. AAP recommends: Children should transition to the vehicle seat belt once it fits properly, typically at about 4 feet 9 inches in height and 8 to 12 years of age; all children younger than 13 years should ride in the back seat.

See every state side by side on the comparison pages.

Guides covering South Dakota

Sources

State law comes from the statute or state agency below. Recommendations come from NHTSA and the American Academy of Pediatrics. The responsible agency is South Dakota Department of Public Safety, Office of Highway Safety.

State law

Recommendations

Disclaimer

This page summarizes South Dakota law for reference. It is not legal or medical advice. The statute text is the law; the numbers are our summary of it. Legal minimums are not safety recommendations: NHTSA and the AAP recommend keeping a child in each stage for as long as the seat allows. Check the statute or South Dakota Department of Public Safety, Office of Highway Safety before relying on anything here.