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South Carolina’s law regarding transportation of children in the open bed of a pickup truck

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.

 

 

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