South Dakota
South Dakota Car Seat Laws: Requirements and Guidelines
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 1 primary source cited on this page. How we verify our legal content
South Dakota requires all children under age 5 to ride in an approved child passenger restraint system. The only exception: a child under 5 who weighs at least 40 pounds may be secured in a seat belt instead. This restraint-system requirement no longer applies once a child turns 5.
What Are the Height and Weight Requirements for Car Seats in South Dakota?
South Dakota has some of the most lenient car seat laws in the country. Simply put, the law requires every child younger than 5 years old to be secured in an approved child restraint system, with one exception: a child under 5 who weighs at least 40 pounds may use a seat belt instead. Best practices are that:
Children should ride on rear-facing seats until they are at least 2 years old.
Children can transition to forward-facing seats with a harness once they outgrow the rear-facing weight and height limits.
Children can ride on booster seats once they exceed the forward-facing weight and height limits.
Children younger than 13 years should ride in the middle of the back seat.
More information on best practices outlined here.
What Are the Rear Facing Car Seat Laws in South Dakota?
Rear-facing Car Seat Laws in South Dakota
South Dakota law does not cover specific requirements for rear-facing seats, the only stipulation being that children under the age of 5 be in an appropriate restraint.
According to the AAP (American Academy of Pediatrics), children should ride on rear-facing seats until they are at least 2 years old or until they exceed the manufacturer's weight and height limits. Typically, infants usually start riding on infant-only seats once they are out of the hospital. These types of seats have lower weight limits (30-35 pounds), so most children normally outgrow them before their first birthday and then switch to convertible seats. Children can reach age 4 while still in convertible seats due to the seat's higher weight limits (up to 40 pounds), so don't be in a rush to transition your baby as the main goal is to stay in the rear-facing position for as long as possible. This position is considered the safest because the back of the seat absorbs most of the crash forces, thus protecting the child's vital and fragile body parts (head, neck, and spine). Rear-facing seats should be installed in the back seat and away from an active airbag.
What Are the Forward Facing Car Seat Laws in South Dakota?
Children can transition to forward-facing seats with a harness once they outgrow the rear-facing weight and height limits set by the manufacturer. Typically, this happens when the child is between 2-4 years. Those using convertible seats can convert them to forward-facing seats by turning them to face forward once the child has met the relevant requirements. Other types of seats in this category are combination seats (doubles as a booster seat) and 3-in-1 seats. The harness straps should be used to secure the child, and they should be snug over the stronger parts of the body (shoulders and hips). This is crucial because, in the event of a crash, the straps help in directing the impact forces away from the delicate body parts and spreads them over the stronger parts. Seats of this type can support up to 65 pounds so children can remain in the forward-facing position until age 7.
What Are the Booster Seat Laws in South Dakota?
Children can ride on booster seats once they exceed the forward-facing weight and height limits. An exception in South Dakota law lets a child under 5 who weighs at least 40 pounds use a seat belt instead of a restraint system, and once a child turns 5 the restraint-system requirement no longer applies. Even so, it is a good practice for children to keep using booster seats until they exceed the manufacturer's weight and height requirements or until they are big enough to fit in seat belts.
Booster seats are used to raise children so that they can fit in seat belts. They are designed to guide the lap-shoulder belts to snugly fit across the child's upper thighs and chest area. High back and backless are the most common types of booster types. High-back is designed to support a child's head and neck in case a headrest is not available, while a backless is used when the headrests can adequately support the child.
Children can remain in booster seats until age 8-12 due to the seats' higher weight limits (up to 80 pounds). However, the decision to stop using booster seats and graduate to safety belts should be made based on height rather than weight and age. This is because safety belts are designed to fit anyone 4'9" or taller, so children shorter than this height may not fit. A seatbelt ready child should also be able to sit with his or her back straight against the back of the seat with knees bent at the edge of the seat and with feet touching the floor.
When Can a Child Sit in the Front Seat in South Dakota?
There is no law preventing a child from sitting in the front seat once they've reached the age of 5. However, the South Dakota Department of Social Services recommends children younger than 13 years should ride in the middle of the back seat because it is the safest. They also insist that rear-facing seats should never be installed in front of a passenger-side airbag.
Is it Illegal to Leave a Child in a Car Unattended in South Dakota
The law does not cover situations where children are left unattended inside vehicles. However, as a parent or guardian, you should protect your child at all times and avoid leaving them unsupervised.
Is it Illegal to Smoke With a Child in a Vehicle in South Dakota?
South Dakota does not have any laws regarding smoking in a car with child passengers. We do not recommend smoking with a child in your vehicle.
Are Car Seats Required in Taxis in South Dakota?
It's not clear whether taxis or other commercial vehicles are exempted from complying with the state's car seat laws, however it is a good idea to provide the appropriate car seat for your child every time you travel with him or her.
What is the Law on Replacing Car Seats in South Dakota?
There is no law regarding the replacement of car seats. However, safety experts recommend replacing car seats after a major or moderate car crash. Seats also have expiry dates, so remember to replace yours once it expires. The South Dakota Department of Social Services says it is not a good idea to use second-hand seats. If you must use an older seat, make sure you know the seat's history. Don't use it if it has been involved in a crash, has a recall, is damaged, has expired, lacks the manuals, or if it is missing some parts.
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Frequently Asked Questions
What Are the Height and Weight Requirements for Car Seats in South Dakota?
South Dakota has some of the most lenient car seat laws in the country. Simply put, the law requires every child younger than 5 years old to be secured in an approved child restraint system, with one exception: a child under 5 who weighs at least 40 pounds may use a seat belt instead. Best practices are that: Children should ride on rear-facing seats until they are at least 2 years old. Children can transition to forward-facing seats with a harness once they outgrow the rear-facing weight and height limits.
What Are the Rear Facing Car Seat Laws in South Dakota?
South Dakota law sets no specific rear-facing requirement. The statute requires every child under 5 years old to be secured in an approved child restraint system, without dictating its orientation; a child under 5 who weighs at least 40 pounds may use a seat belt instead. Safety guidance therefore fills the gap: keep a child rear-facing until at least age 2, or longer if the seat manufacturer's height and weight limits allow.
What Are the Forward Facing Car Seat Laws in South Dakota?
Children can transition to forward-facing seats with a harness once they outgrow the rear-facing weight and height limits set by the manufacturer. Typically, this happens when the child is between 2-4 years. Those using convertible seats can convert them to forward-facing seats by turning them to face forward once the child has met the relevant requirements. Other types of seats in this category are combination seats (doubles as a booster seat) and 3-in-1 seats.
What Are the Booster Seat Laws in South Dakota?
Children can ride on booster seats once they exceed the forward-facing weight and height limits. An exception in South Dakota law lets a child under 5 who weighs at least 40 pounds use a seat belt instead of a restraint system, and once a child turns 5 the restraint-system requirement no longer applies. Even so, it is a good practice for children to keep using booster seats until they exceed the manufacturer's weight and height requirements or until they are big enough to fit in seat belts. Booster seats are used to raise children so that they can fit in seat belts.
When Can a Child Sit in the Front Seat in South Dakota?
There is no law preventing a child from sitting in the front seat once they've reached the age of 5. However, the South Dakota Department of Social Services recommends children younger than 13 years should ride in the middle of the back seat because it is the safest. They also insist that rear-facing seats should never be installed in front of a passenger-side airbag.
Is it Illegal to Smoke With a Child in a Vehicle in South Dakota?
South Dakota does not have any laws regarding smoking in a car with child passengers. We do not recommend smoking with a child in your vehicle.
Are Car Seats Required in Taxis in South Dakota?
It's not clear whether taxis or other commercial vehicles are exempted from complying with the state's car seat laws, however it is a good idea to provide the appropriate car seat for your child every time you travel with him or her.
What is the Law on Replacing Car Seats in South Dakota?
There is no law regarding the replacement of car seats. However, safety experts recommend replacing car seats after a major or moderate car crash. Seats also have expiry dates, so remember to replace yours once it expires. The South Dakota Department of Social Services says it is not a good idea to use second-hand seats. If you must use an older seat, make sure you know the seat's history. Don't use it if it has been involved in a crash, has a recall, is damaged, has expired, lacks the manuals, or if it is missing some parts.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the fabricated 50-pound child-restraint trigger throughout the page: SDCL 32-37-1's only coverage trigger is age under 5; the 40-pound figure is an exception letting an under-5 child use a seat belt instead of a restraint system, not an added weight-based trigger, and the requirement does not apply at all once a child turns 5.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 32-37: CHILD PASSENGER RESTRAINT SYSTEM
§ 32-37-1Use of system required--Violation as petty offense.In force
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. An operator who violates this section commits a petty offense.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
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Sources and References
- S.D. Codified Laws § 32-37-1: child passenger restraint system; use required(sdlegislature.gov).gov