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Car seat laws in South Dakota

What South Dakota law requires at each stage, from rear-facing to the front seat, next to what NHTSA and the AAP recommend. Plus the fine and where to get a free car seat check.

Checked October 2026 · 7 sources · Not legal advice

Short answer

Children under 5 must ride in a child restraint system, unless they weigh at least 40 pounds, in which case a seat belt is enough. Passengers 5 to 17 must wear a seat belt.

Sources: South Dakota Legislature; Insurance Institute for Highway Safety. Data as of October 2026.

What does South Dakota car seat law require at each age?

The law sets the minimum. NHTSA and the AAP recommend keeping each stage until your child outgrows the seat, which usually means longer.

South Dakota car seat law at each stage, beside NHTSA and AAP guidance
StageWhat South Dakota law requiresNHTSA and AAP guidance

Rear-facing car seat

No state rule

No rear-facing requirement in state law.

NHTSA and the AAP recommend keeping your child rear-facing as long as possible, until they reach the top height or weight limit allowed by the car seat's manufacturer. A child under age 1 should always ride rear-facing, and most convertible seats allow rear-facing for 2 years or more.

Forward-facing seat with a harness

Best practice goes further

A child under 5 must be secured in a child passenger restraint system per the manufacturer's instructions. A child under 5 who weighs at least 40 pounds may use a seat belt instead.

NHTSA and the AAP recommend using a forward-facing car seat with a harness and tether once your child outgrows the rear-facing limits, for as long as possible, up to the highest weight or height the seat's manufacturer allows.

Booster seat

No state rule

No booster seat requirement in state law.

NHTSA and the AAP recommend using a belt-positioning booster seat after your child outgrows the harnessed seat, until the vehicle seat belt fits properly, typically when they reach about 4 feet 9 inches tall and are 8 to 12 years old.

Seat belt

The driver must make sure passengers at least 5 and under 18 wear a properly adjusted seat belt. Drivers and passengers 14 to 17 must also wear one themselves.

NHTSA and the AAP recommend moving to the seat belt alone only when it fits: the lap belt lies snugly across the upper thighs, not the stomach, and the shoulder belt crosses the middle of the chest and shoulder, not the neck or face. Children big enough for the belt alone should always use a lap and shoulder belt.

Back seat

No state rule

No back-seat requirement in law.

NHTSA and the AAP recommend keeping all children younger than 13 in the back seat.

The law: S.D. Codified Laws § 32-37-1, in effect since 1998.

Sources: South Dakota Legislature; Insurance Institute for Highway Safety; National Highway Traffic Safety Administration; American Academy of Pediatrics (HealthyChildren.org). Data as of October 2026.

What are the fines and exemptions in South Dakota?

First offense

A violation is a petty offense (handled as a civil proceeding). The statute does not set the fine amount.

Exemptions

Does not apply in passenger cars made before 1966 that were not equipped with seat belts.

Questions about the law

This is general information, not legal advice. For how the law applies to you, ask your state's highway safety office.

Verified from the statute (SL 1998, ch. 199 is the latest source note). No state agency car seat page was found. The fine amount for a petty offense is not in the statute; IIHS lists a $25 maximum base fine, but it was not confirmed from an official South Dakota source. 2025 SB 165 (Larson) proposed changes; the codified law is unchanged, so it was not enacted.

Where can you get your car seat checked for free?

Certified child passenger safety technicians check car seats at inspection stations nationwide. NHTSA says they inspect seats free of charge in most cases and show you how to install and use the seat correctly, and some locations offer virtual inspections. Search NHTSA's locator by ZIP code or city (it can filter for Spanish-speaking technicians), or find a technician through Safe Kids Worldwide.

Find an inspection station How to get a free car seat

Sources: National Highway Traffic Safety Administration; American Academy of Pediatrics (HealthyChildren.org)

Where are the car seat inspection stations in South Dakota?

NHTSA's locator lists 4 car seat inspection stations in South Dakota, in 3 cities and towns. Sioux Falls has the most (2).

4

inspection stations in NHTSA's locator

NHTSA, October 2026

3

cities and towns with a station

NHTSA, October 2026

0

flagged as Spanish-speaking; ask when you call

NHTSA, October 2026

0

of 4 records updated since 2023

Newest: August 7, 2017

Cities with the most stations

  1. Sioux Falls2 stations
  2. Brookings1 station
  3. Webster1 station
Search NHTSA's locator by ZIP

Source: National Highway Traffic Safety Administration. Data as of October 2026.

Choosing and getting a car seat

Infant vs convertible car seat: which to buy firstInfant vs convertible car seat, compared with AAP and NHTSA guidance: rear-facing limits, portability, when to switch, installation and free seat checks.How to get a free car seatWhere to get a free infant car seat in 2026: Medicaid plan extras, Safe Kids coalitions and 211, plus free installation checks and when a used seat isn't safe.

Questions about car seat laws in South Dakota

When can a child face forward in a car seat in South Dakota?

No rear-facing requirement in state law. NHTSA and the AAP recommend keeping your child rear-facing as long as possible, until they reach the top height or weight limit allowed by the car seat's manufacturer. A child under age 1 should always ride rear-facing, and most convertible seats allow rear-facing for 2 years or more.

When can a child stop using a booster seat in South Dakota?

No booster seat requirement in state law. NHTSA and the AAP recommend using a belt-positioning booster seat after your child outgrows the harnessed seat, until the vehicle seat belt fits properly, typically when they reach about 4 feet 9 inches tall and are 8 to 12 years old. The AAP says an adult seat belt fits when: the shoulder belt lies across the middle of the chest and shoulder, not the neck or throat; the lap belt is low and snug across the upper thighs, not the belly; and the child is tall enough to sit against the vehicle seat back with knees bent over the edge of the seat without slouching, and can stay that way for the whole trip. NHTSA uses the same lap-belt and shoulder-belt checks. The 5-step test, which California writes into law from January 1, 2027, asks: 1) Does the child sit all the way back against the seat? 2) Do the knees bend over the edge of the seat? 3) Does the shoulder belt snugly cross the center of the chest and shoulder, not the neck? 4) Is the lap belt as low as possible, touching the thighs? 5) Can the child stay seated like this for the whole trip?

How old does a child have to be to sit in the front seat in South Dakota?

No back-seat requirement in law. NHTSA and the AAP recommend keeping all children younger than 13 in the back seat.

What is the fine for a car seat violation in South Dakota?

A violation is a petty offense (handled as a civil proceeding). The statute does not set the fine amount.

Where can I get a car seat inspection in South Dakota?

NHTSA's locator lists 4 car seat inspection stations in South Dakota, in 3 cities and towns. Sioux Falls has the most (2). Certified technicians check seats for free in most cases. Search NHTSA's locator by ZIP code and call the station before you go.

More for parents in South Dakota

Sources

  1. 1.S.D. Codified Laws ch. 32-37, Child Passenger Restraint System (§§ 32-37-1 to 32-37-4) South Dakota Legislature. Accessed October 14, 2026.
  2. 2.Seat belt and child seat laws (table dated October 2026) Insurance Institute for Highway Safety. Accessed October 14, 2026.
  3. 3.Car Seats and Booster Seats National Highway Traffic Safety Administration. Accessed October 14, 2026.
  4. 4.Car Seats: Information for Families (last updated 4/16/2026) American Academy of Pediatrics (HealthyChildren.org). Accessed October 14, 2026.
  5. 5.California Vehicle Code § 27363 (exemptions; current version and version operative January 1, 2027) California Legislative Information. Accessed October 14, 2026.
  6. 6.Car Seat Inspection (inspection station locator) National Highway Traffic Safety Administration. Accessed October 14, 2026.
  7. 7.Car Seat Inspection Locator API (CSSIStation) National Highway Traffic Safety Administration. Accessed October 16, 2026.

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