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Car seat & booster law

South Dakota

Verified · AUG 2026

Quick answer · South Dakota

A car seat or booster is required until your child is 5 years old.

A child under 5 must be in a child passenger restraint system, except that a child under 5 who weighs at least 40 pounds may use a seat belt. South Dakota sets no rear-facing, booster, or 4 feet 9 inch rule.

Rear-facing per seat Forward per seat Booster < 5 yr Belt 5+ yr
S.D. Codified Laws § 32-37-1 Read the statute

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The legally required restraint, by state.

3 yrs

General information, not legal advice.

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Required vs recommended

What the law enforces, and what pediatricians advise. They are not the same.

The law requires

Minimum, or it's enforceable

Rear-facing until
Not specified by law
Booster until
Age 5
Front seat
No age set in law

Pediatricians recommend

AAP: safer, not the law

Rear-facing until
To seat limit (often age 2+)
Booster until
4'9", typically age 8 to 12
Front seat
Back seat until 13

AAP guidance is a safety best practice and is separate from South Dakota's legal minimum, which is among the lightest in the nation (ending at age 5 or 40 pounds). Pediatricians recommend a booster until the seat belt fits, often around 4 feet 9 inches.

Every stage, by the law

Dual units shown throughout (in + cm, lb + kg). Rows marked Guidance are best practice, not a statutory requirement in South Dakota.

Rear-facing Guidance
Age
Infant (per seat)
Forward-facing Guidance
Age
Toddler (per seat)
Booster S.D. Codified Laws § 32-37-1
Age
until 5 yr
Weight
< 40 lb / 18 kg
Seat belt S.D. Codified Laws § 32-37-1
Age
5 yr +
Weight
or ≥ 40 lb / 18 kg
Back seat / front seat Guidance
Age
Recommended < 13

Frequently asked questions

What is the car seat law in South Dakota in 2026?
A child under 5 must be in a child passenger restraint system, except that a child under 5 who weighs at least 40 pounds may use a seat belt. There is no booster or 4 feet 9 inch requirement.
Is the South Dakota car seat law changing?
No. As of August 1, 2026, when SeatChecker last checked the statute, no enacted change to the South Dakota car seat law is scheduled. Current law: A child under 5 must be in a child passenger restraint system, except that a child under 5 who weighs at least 40 pounds may use a seat belt. South Dakota sets no rear-facing, booster, or 4 feet 9 inch rule.
What age can a child sit in the front seat in South Dakota?
South Dakota law sets no minimum age for riding in the front seat. The child restraint rules still apply: a car seat or booster is required until age 5 or 40 pounds. The American Academy of Pediatrics recommends the back seat for all children under 13. That is best practice, not a legal requirement in South Dakota.
Does South Dakota require booster seats?
No. South Dakota's child restraint requirement ends at age 5 (or 40 pounds), with no separate booster law. Pediatricians still recommend a booster until the seat belt fits, usually around 4 feet 9 inches and ages 8 to 12.
At what age can a child use a seat belt in South Dakota?
A child must be in a child passenger restraint system until age 5. As an exception, a child under 5 who weighs at least 40 pounds may use a seat belt. From age 5, a seat belt is allowed.
Does South Dakota require rear-facing car seats?
No. South Dakota sets no rear-facing, booster, or 4 feet 9 inch rule. Pediatricians still recommend keeping a child rear-facing as long as the seat allows and using a booster until the seat belt fits properly.

Sources

Verified · AUG 2026

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