After a decade of testing car seats and studying state laws, South Dakota’s child restraint law is one of the most basic in the nation — it only requires car seats for children under 5 and under 40 pounds, with no booster seat mandate at all. That means parents need to go beyond the legal minimum to truly protect their children.
South Dakota recorded 146 traffic fatalities in 2024, with alcohol playing a role in 41% of those deaths. On a state with vast rural highways and high speed limits, a properly installed car seat and booster are your child’s best protection — even if the law doesn’t strictly require a booster.
This guide covers South Dakota’s child restraint requirements under SDCL 32-37-1, plus the safety recommendations that go beyond the legal minimum.
South Dakota car seat laws by age
Rear-facing car seats: South Dakota law requires children under 5 years old and under 40 pounds to be in a child restraint system, but doesn’t specifically mandate rear-facing seats. However, NHTSA and the AAP strongly recommend keeping children rear-facing until at least age 2, or until they reach the maximum height and weight limits of their rear-facing seat. For best protection, keep your child rear-facing as long as possible.
Forward-facing car seats: Children under 5 who have outgrown their rear-facing seat must remain in a child restraint system. A forward-facing harnessed car seat is the safest option for children in this stage. Keep your child in the harness as long as they fit within the manufacturer’s height and weight limits.
Booster seats: South Dakota does not have a mandatory booster seat law. Once a child reaches 5 years old or 40 pounds, the car seat requirement ends. However, safety experts strongly recommend using a booster seat until the child is at least 4 feet 9 inches tall (typically ages 8-12) so the vehicle’s seat belt fits properly across the chest and lap. Just because the law doesn’t require it doesn’t mean your child is safe without one.
Seat belt: All passengers ages 14 through 17 must wear a seat belt in South Dakota. Children under 14 who weigh 40+ pounds or are 5+ years old fall into a gap where neither the car seat law nor the seat belt law specifically covers them — making it especially important for parents to use booster seats voluntarily.
Back seat recommendation: South Dakota doesn’t have a back-seat requirement for children, but safety experts recommend all children 12 and under ride in the back seat for maximum protection from airbag injuries.
For help choosing the right seat for your child’s current size, check out our best-rated convertible car seats guide.
Fines and enforcement
South Dakota’s child restraint penalties are among the lowest in the country:
The fine for a car seat violation is $25.
South Dakota has primary enforcement for child restraint violations, meaning officers can stop you solely for an unrestrained child under 5.
Note that South Dakota has secondary enforcement for the general seat belt law (ages 14+), meaning officers need another reason to pull you over before citing a seat belt violation. However, the child restraint law for children under 5 is primary enforcement.
Special situations
Taxis and rideshares: South Dakota’s child restraint law applies to all motor vehicles. Parents using Uber, Lyft, or taxis are responsible for providing proper child restraints.
Vehicles without back seats: If your vehicle has no back seat, children may ride in front with appropriate restraints. Never place a rear-facing car seat in front of an active airbag.
Child Safety Seat Distribution Program: South Dakota’s Department of Social Services runs a child safety seat distribution program for families in need. Contact your local DSS office for more information.
Crash replacement: Replace any car seat involved in a moderate-to-severe crash, even without visible damage. Many manufacturers offer free replacements, and insurance often covers the cost. See our guide on what to do with old car seats.
What to do if you get a ticket
If you receive a child restraint citation in South Dakota, here’s your action plan:
1. Get a proper car seat immediately. Even though the $25 fine is small, the safety risk is not. Make sure your child is in the right seat for their age, weight, and height — and consider using a booster seat even after your child outgrows the legal requirement.
2. Get a free or low-cost car seat. South Dakota’s Child Safety Seat Distribution Program provides car seats to eligible families. Visit our free car seats in South Dakota page for a complete list of resources.
3. Get your installation checked. Find a certified car seat technician near you through the NHTSA car seat inspection locator to verify your seat is properly installed.
Frequently Asked Questions
Does South Dakota have a booster seat law?
No. South Dakota does not require booster seats. The car seat law only covers children under 5 and under 40 pounds. However, safety experts strongly recommend a booster until the child is 4’9" tall.
When can my child stop using a car seat in South Dakota?
Legally, a child can stop using a car seat at age 5 or 40 pounds. But for safety, keep your child in a harnessed seat as long as possible, then a booster until they’re at least 4’9" tall. See our car seat safety basics for guidance.
What is the fine for a car seat violation in South Dakota?
The fine is $25 — one of the lowest in the nation.
Does South Dakota require rear-facing car seats?
South Dakota’s law doesn’t specifically require rear-facing seats. However, NHTSA and the AAP recommend rear-facing until at least age 2.
Are car seats required in Uber or Lyft in South Dakota?
Yes for children under 5 and under 40 pounds. South Dakota’s child restraint law applies to all motor vehicles. Parents must provide their own car seat. Check our safest car seat brands for portable options.
Why doesn’t South Dakota require booster seats?
South Dakota is one of the few states without a booster seat mandate. Despite the lack of a legal requirement, the AAP, NHTSA, and child safety experts all recommend booster seats for children who have outgrown their harnessed car seat but are not yet 4’9" tall.
