FOR IMMEDIATE RELEASE

July 3, 2001

Contact: SID GAULDEN, (803) 896-8755

COLUMBIA -- The South Carolina Department of Public Safety announces that Senate Bill 187, which strengthens South Carolina’s child passenger restraint law and allows for primary enforcement of the seat belt law for motor vehicle occupants 17 and younger, took effect today upon Gov. Jim Hodges’ signature.

South Carolina’s existing seat belt law (SC Code of Laws Section 56-5-6510) had previously allowed only for secondary enforcement, which permitted a law enforcement officer to issue a citation for a seat belt violation only after stopping and citing a motorist for another violation or at a public safety checkpoint. However, under the new law, an officer may stop a vehicle and issue a citation if any occupant 17 or under is not wearing a seat belt or secured in a child restraint system. If the unrestrained occupant does not hold a driver’s license or beginner’s permit, the driver will be ticketed. If the unrestrained occupant holds a driver’s license or beginner’s permit, then the occupant will be ticketed. The fine will be $25.

The law says that an officer must have probable cause for a violation of this section of law "based on a clear and unobstructed view of a driver 17 years of age or younger or of an occupant of the motor vehicle 17 years of age or younger who is not wearing a seat belt or is not secured in a child restraint system" as required by South Carolina law.

The new law also strengthens South Carolina’s existing child passenger restraint law (SC Code of Laws Section 56-5-6410) by adding detailed age and weight requirements for rear-facing and forward-facing child safety seats and belt-positioning booster seats. Also, under the new law, a child who is less than six years of age must not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than six years of age.

Last year, 96 people 17 and under died on South Carolina highways; 52 were unrestrained, 43 were restrained and one was unknown.

"We want the motoring public to know that our troopers have been instructed to begin enforcement of this law upon the Governor’s signature," said DPS Director B. Boykin Rose. "Motor vehicle collisions are the number one cause of death to children. We urge the motoring public to make sure their children are buckled properly every time they are in a vehicle."

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New child passenger restraint law:

This bill amends Section 56-5-6410 by requiring a child five years of age or younger to be in an appropriate child passenger restraint system when riding in a motor vehicle. The child must be secured as follows:

1. A child from birth up to one year of age or who weighs less than 20 pounds must be properly secured in a rear-facing child safety seat;
2. A child who is at least one year of age but less than six years of age and who weighs between 20 and 40 pounds must be secured in a forward-facing child safety seat;
3. A child who is at least one year of age but less than six years of age and who weighs between 40 and 80 pounds must be secured by a belt-positioning booster seat, which must be used with both lap and shoulder belts.
4. A child who is at least one year of age but less than six years of age and weighs more than 80 pounds may be restrained in an adult safety belt. If a child less than six can sit with his back straight against the vehicle seat back cushion with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

A child who is less than six years of age must not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than six years of age

Old child passenger restraint law (SECTION 56-5-6410):

(1) Any child three years of age or less must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) Any child four or five years of age must be secured by a safety belt provided in the motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration. Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article.

If all the seating positions with restraint devices are occupied by children under the age of six years, a child may be transported and the driver of the motor vehicle is not in violation of the provisions of this article, but priority must be given to children under the age of six years, according to their ages.

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