South Carolina Department of Public Safety

Buckle Up South Carolina -

Synopsis of law:

South Carolina law prohibits the transportation of a person under 15 years of age in the open bed or open cargo area (no permanent overhead restraining construction) of a pickup truck or trailer, except when:

§         an adult is present in the bed or cargo area and is supervising the child;

§         the child is secured or restrained by a seatbelt manufactured in compliance with federal safety standards and installed to support a load of not less than 5,000 pounds;

§         an emergency situation exists;

§         the vehicle is being operated in an organized hayride or parade pursuant to a valid permit;

§         the vehicle is being operated while hunting or in an agricultural enterprise;

§         the vehicle is being operated in a county which has no incorporated area with a population greater than 3,500; or

§         the vehicle has a closed metal tailgate and is being operated less than 36 mph.

The fine for a violation of this section is $25. No driver’s license points or insurance surcharge may be assessed for a violation of this section.

Entire text of law:

Section 56‑5‑3900. Transportation of teenagers in open vehicles

(A)    It is unlawful to transport a person under fifteen years of age in the open bed or open cargo area of a pickup truck or trailer.  An open bed or open cargo area is a bed or cargo area without permanent overhead restraining construction.

(B)    Subsection (A) does not apply when:

(1)     an adult is present in the bed or cargo area of the vehicle and is supervising the child;

(2)     the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the Department of Public Safety;

(3)     an emergency situation exists;

(4)     the vehicle is being operated in an organized hayride or parade pursuant to a valid permit;

(5)     the vehicle is being operated while hunting or in an agricultural enterprise; 

(6)     the vehicle is being operated in a county which has no incorporated area with a population greater than three thousand five hundred; or

(7)     the vehicle has a closed metal tailgate and is being operated less than thirty‑six miles an hour.

(C)    A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined twenty‑five dollars.

(D)    No driver’s license points or insurance surcharge may be assessed for a violation of this section.