South Carolina’s seat belt law

South Carolina’s seat belt law requires that every driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, must wear a fastened seat belt that complies with all provisions of federal law for its use. The driver is charged with the responsibility of requiring every occupant 17 years of age or younger to wear a seat belt or be secured in a child restraint system as required by law. However, a driver is not responsible for an occupant 17 years of age of age or younger who has a driver’s license, special restricted license, or beginner’s permit and who is not wearing a seat belt.

This law does not apply to:

• A driver or occupant who possesses a written verification from a physician that he is unable to wear a seat belt for physical or medical reasons;
• Medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;
• School, church, or day care buses;
• Public transportation vehicles except taxis;
• Occupants of vehicles in parades;
• United States mail carriers;
• An occupant for which no seat belt is available because all belts are being used by other occupants;
• A driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;
• Occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the lap belt;
• Children under six years of age who must be properly restrained as provided by SC’s child restraint law.
• A driver or occupants in a vehicle not originally equipped with safety belts.

South Carolina’s seat belt law is secondary for persons 18 and older. This means that a law enforcement officer may not stop a vehicle for a violation of the seat belt law in the absence of another traffic violation. However, the law becomes primary for persons 17 and younger. An officer may stop a vehicle and issue a citation when he observes an occupant 17 or younger who is not wearing a seat belt or secured in a child safety seat. Violators are subject to a fine of not more than $25 and no person may be fined more than $50 for any one incident of one or more violations.

ARTICLE 48.
SAFETY BELTS

SECTION 56-5-6510. Definitions.

As used in this article:

(1) "Motor vehicle" means a passenger car, truck, van, or recreational vehicle required to be equipped with safety belts by Federal Motor Vehicle Safety Standard No. 208 (49 CFR 571.208), manufactured after July, 1966.

(2) "Driver" means a person who drives or is in actual physical control of a motor vehicle.

SECTION 56-5-6520. Mandatory use of seat belt.

The driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, must wear a fastened safety belt which complies with all provisions of federal law for its use. The driver is charged with the responsibility of requiring each occupant seventeen years of age or younger to wear a safety belt or be secured in a child restraint system as provided in Article 47 of this chapter. However, a driver is not responsible for an occupant seventeen years of age or younger who has a driver's license, special restricted license, or beginner's permit and who is not wearing a seat belt; such occupant is in violation of this article and must be fined in accordance with Section 56-5-6540.

SECTION 56-5-6525. Limits on use of checkpoints or roadblocks to enforce this article.

The Department of Public Safety or any other law enforcement agency must not use a "Click It or Ticket" campaign or a similar endeavor of systematic checkpoints or roadblocks as a law enforcement tool where the principal purpose is to detect and issue a ticket to a violator of the provisions of this article on either a primary or secondary basis.

SECTION 56-5-6530. Exceptions.

The provisions of this article do not apply to:

(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;

(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;

(3) school, church, or day care buses;

(4) public transportation vehicles except taxis;

(5) occupants of vehicles in parades;

(6) United States mail carriers;

(7) an occupant for which no safety belt is available because all belts are being used by other occupants;

(8) a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;

(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the lap belt;

(10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56.

(11) a driver or occupants in a vehicle not originally equipped with safety belts.

SECTION 56-5-6540. Penalties; enforcement; violation not negligence; violation inadmissible in civil action.

(A) A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may be assessed against the person convicted. No person may be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B) A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:

(1) when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2) when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C) A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D) A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

(E) A violation of this article does not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F) No vehicle, driver, or occupant in a vehicle may be searched solely because of a violation of this article or a stop made under subsection (B)(1).

Nonuse of seatbelt as reducing amount of damages recoverable. 62 ALR5th 537.

SECTION 56-5-6550. No points against license for violation.