South Carolina Child Seat Belt Laws

Everyone must wear an available seat belt in South Carolina.

The National Highway Traffic Safety Administration (NHTSA) reports that in 2006--the latest year for which figures are available--there were 1,794 total traffic fatalities of children aged 14 or younger. Thirty-six of these fatalities occurred in South Carolina. The NHTSA only sets federal guidelines for child restraint devices, and comparative studies on child seat belt laws throughout the country. Regulation and enforcement of child seat belt laws are at the discretion of each state.

Child Restraint Devices

South Carolina child seat belt laws revolve around four main child restraint devices: rear-facing car seats, front-facing car seats, booster seats and seat belts. Car seats and booster seats must have NHTSA approval. Seat belts refer to shoulder and lap belts within the vehicle.

Age and Weight Restrictions

South Carolina regulates child restraint devices by age and weight. Infants under the age of one must be in a rear-facing car seat. Once a child is over the age of one but under the age of five, and at least 20 pounds, he may ride in a front-facing car seat. For a child weighing more than 40 pounds, the parent must use a belt-positioning booster seat. Children over 80 pounds and tall enough to sit back with their legs bent over the seat may use only a seat belt. The back seat is the required first choice seating location for any child under the age of six.

Exceptions

South Carolina's state code offers exceptions to child seat belt regulations in situations where a child restraint device is impractical. This includes a child who is injured or with some physical impairment. The law also specifically excludes a child being fed by another passenger. However, the law requires parents to use some type of restraint if possible. For example, a four-year-old with a broken arm can't get in or out of a car seat safely, but could use a lap belt. Specific vehicle types are excluded from child seat belt laws, including taxis, any type of emergency response vehicle, public transportation and buses.

Enforcement

Failure to adhere to South Carolina child seat belt laws includes a hefty $150 fine with a ticket. Police in the state of South Carolina are permitted to use unrestrained children as justification for pulling a vehicle over. However, there is a law prohibiting arrest of the parent or taking custody of the children for failure to use required child restraint systems. Guilt of violating child restraint laws also cannot be used in any court setting for a finding of parent negligence.

References

• NHTSA 2006 Traffic Safety Facts on Children and Crashes
• South Carolina's Child Passenger Restraint Law
• South Carolina Department of Public Safety's "Buckle Up South Carolina"

Resources

• NHTSA's "A Parent's Guide to Buying and Using Booster Seats"
• NHTSA's "Occupant Protection for Children Safety Information"