Seat Belts, And The Stop They Cannot Make
S.C. Code 56-5-6520 and S.C. Code 56-5-6540 — a $25 fine, no search, and a stop only on a clear view
Everyone buckled. The driver and every occupant of a motor vehicle on public streets and highways wear a fastened safety belt. The driver is responsible for occupants seventeen or younger, except one with a license or permit, who is responsible for themselves.
A violation carries a fine of up to $25, with no court costs, and no more than $50 for one incident. It is not a criminal offense, is not put on the driving record or reported to the insurer, and is not negligence or admissible evidence in a civil action.
No search because of it. An officer may stop a driver for it only on probable cause from a clear and unobstructed view of someone unbelted, and may not search the vehicle, driver or occupants, or ask for consent to search, solely because of it. No custodial arrest may be made for it except on a warrant for failing to appear or pay.
Agencies may not run checkpoints whose main purpose is ticketing seat belt violations, and nobody is cited for unbuckling at a checkpoint to reach documents. Whether a particular stop was lawful is a question for a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 56-5-6520 — Mandatory use of seat belt
- S.C. Code 56-5-6540 — Penalty; nature of offense; searches; probable cause
- S.C. Code 56-5-6525 — Limits on use of checkpoints or roadblocks to enforce this article
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.