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Seat Belts

SDCL § 32-38-1 — the driver and front seat passenger, enforced only as a secondary action, a petty offense

Every driver and front seat passenger of a passenger vehicle on a public highway wears a fastened seat belt while it is moving forward.

  • SDCL § 32-38-1
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Secondary only. Enforcement of the seat belt chapter is a secondary action, and a violation is a petty offense.

  • SDCL § 32-38-5

A driver carrying a passenger at least five and under eighteen years of age makes sure that passenger is belted in any seat, a petty offense if not.

  • SDCL § 32-37-1.1

The rule does not reach a vehicle made before September 1, 1973, a person with a doctor's written statement that they cannot wear one for medical reasons, or a rural mail or newspaper carrier on a route.

  • SDCL § 32-38-3

A particular ticket is a question for a licensed South Dakota attorney.

  • SDCL § 32-38-1
Sources for this section (4)
  1. SDCL § 32-38-1 — Use required; Public highways; Front seat passenger
  2. SDCL § 32-38-3 — Exceptions to required use of safety belts
  3. SDCL § 32-38-5 — Enforcement; Violation as petty offense
  4. SDCL § 32-37-1.1 — Operator to assure that passengers between ages five and eighteen wear seat belts

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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