Why South Dakota’s Seatbelt Laws Aren’t What Most Drivers Think

Most of us would imagine driving across state lines in the Upper Midwest to be seamless, but the moment you cross into the Mount Rushmore State, the state laws change in surprising ways that most drivers are completely unaware of.

Case in point: Seatbelts. While almost every driver knows wearing a seatbelt is state law, very few realize that the way law enforcement can actually write a seatbelt ticket depends entirely on who is sitting in the seat and what other laws they may be breaking.

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Under South Dakota Codified Law (SDCL 32-38-1), wearing a safety belt is mandatory for front-seat adult occupants. However, enforcement for adults 18 and older is a secondary measure (SDCL 32-38-5). But what does that mean for drivers in the Mount Rushmore State? Put simply, "no ticket for not clicking it." Sort of.

In South Dakota, an officer cannot pull an adult driver over simply for their seatbelt being unbuckled. There must first be a separate traffic infraction taking place as the reason for the traffic stop (like speeding, a broken taillight, or distracted driving), before a ticket for an unbuckled adult seatbelt can be issued.

However, if children are in the vehicle, the legality changes. For a child under the age of 18, seatbelt and child restraint compliance falls under primary enforcement. This means that police officers have full authority to initiate a traffic stop solely because a child or teenager is not properly buckled in.

How Does South Dakota Compare to Its Neighbors?

South Dakota's law regarding seatbelt enforcement is considered rather lenient, but states like Minnesota and Iowa have stricter standards.

Minnesota: Seatbelt usage is a primary offense for all vehicle occupants. Officers can pull a vehicle over purely for an unbuckled adult.

Iowa: Seatbelt enforcement is primary for front-seat occupants and young passengers, giving officers direct stop authority for front-row violations.

For more information on South Dakota driving laws, visit the state's DOT Website here.