Children are some of the most precious cargo, making car safety and strict child safety laws a top priority. In South Carolina, the Department of Public Safety has strong child passenger safety (CPS) laws in place to ensure that infants and small children are safe and secure throughout their trip and protected against serious injuries in the event of an accident.
Whether you’re a parent, caregiver, or supervisor of a child, it is essential to familiarize yourself with CPS laws in South Carolina before you buckle up – it could save a life.
South Carolina Car Seat Laws
South Carolina’s child passenger safety laws are outlined in Section 56-5-6410 and 56-5-6420 of the 1976 Code. This states:
“Section 56-5-6410. (A) Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) operated on the highways and streets of this State when transporting a child under eight years of age upon the public streets and highways of the State must properly secure the child in the vehicle as follows:
(1) An infant or child under two years of age must be properly secured in a rear-facing child passenger restraint system in a rear passenger seat of the vehicle until the child exceeds the height or weight limit allowed by the manufacturer of the child passenger restraint system being used.
(2) A child at least two years of age or a child under two years of age who has outgrown his rear-facing child passenger restraint system must be secured in a forward-facing child passenger restraint system with a harness in a rear passenger seat of the vehicle until the child exceeds the highest height or weight requirements of the forward-facing child passenger restraint system.
(3) A child at least four years of age who has outgrown his forward-facing child passenger restraint system must be secured by a belt-positioning booster seat in the rear seat of the vehicle until he can meet the height and fit requirements for an adult safety seat belt as described in item (4). The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.
(4) A child at least eight years of age or at least fifty-seven inches tall may be restrained by an adult safety seat belt if the child can be secured properly by an adult safety seat belt. A child is properly secured by an adult safety seat belt if:
(a) the lap belt fits across the child’s thighs and hips and not across the abdomen;
(b) the shoulder belt crosses the center of the child’s chest and not the neck; and
(c) the child can sit with his back straight against the vehicle seat back cushion with his knees bent over the vehicle’s seat edge without slouching.
(5) For medical reasons that are substantiated with written documentation from the child’s physician, advanced nurse practitioner, or physician assistant, a child who is unable to be transported in a standard child passenger safety restraint system may be transported in a standard child passenger safety restraint system designed for his medical needs.
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.
(B) For the purposes of this section, any portion of a recreational vehicle that is equipped with temporary living quarters shall be considered a rear passenger seat.”
“Section 56-5-6420. If a motor vehicle lacks a rear passenger seat or if all of its rear seating positions are occupied by children under eight years of age, a child under eight years of age may be transported in the front seat of the motor vehicle if the child is secured properly in an appropriate child passenger safety restraint system or belt-positioning booster seat as described in Section 56-5-6410(1), (2), or (3).”
Choosing the Right Car Seat for Your Child
Car seats and booster seats are essential protection systems for passengers who are too small to get the full safety benefit from adult seat belts. They’re designed to keep children and babies within the vehicle secure in their seating position while preventing contact with interior surfaces or other occupants. Additionally, these seats provide “ride-down,” absorbing energy from crash forces to keep the child secure as the vehicle maneuvers.
Choosing the right car seat for your child is critical and, fortunately, not complicated. For your child’s seat to work correctly, it must accommodate your child’s height, weight, and developmental level. Car seats come in various forms, including:
Rear-facing car seat. Any infant under two years old must be secured in a rear-facing car seat until they exceed the height and weight limit allowed by the seat’s manufacturer.
Forward-facing car seat. A child at least two years old or under two who has outgrown the rear-facing seat height and weight limits must be secured in a forward-facing car seat until they exceed the manufacturer’s height and weight limits.
Booster seat. Children at least four years old who have outgrown their forward-facing car seat must be secured by a booster seat in the back seat of a vehicle until they meet the height and weight requirements of an adult safety seat belt. Both lap and shoulder belts must be used.
Seat belt. A child at least eight years old or at least 57 inches tall must be appropriately secured by an adult safety seat belt.
Once you’ve selected the proper car seat for your child, you’ll be on your way to safe and secure travels for your entire family.
How Long Can a Baby Be in a Car Seat? The 2-Hour Rule.
Unknown to over half of new parents, an infant can stay strapped into a car seat for up to two hours within a 24-hour time period before potentially developing health complications, according to car seat manufacturers.
This is due to the baby’s still-developing body being in an upright position for a prolonged period, putting them at risk of a strained spine and restricted airflow to the lungs. The chances of the latter increase if the baby is sleeping with their head flopped forward.
So, if you are driving a long distance with your baby in the car, you should plan to take frequent breaks with them out of their seat – even if they are sleeping. Remember, your baby’s car seat is designed to secure and protect them during car rides, not to facilitate sleep.
Is it Illegal to Use An Expired Car Seat?
Despite car seat manufacturers’ admonishments not to use old or secondhand car seats and to destroy them past the expiration date, using an “expired” car seat is legal in South Carolina. In fact, according to the United States Highway Transportation Safety Administration, there are no rules or regulations about using an expired car seat in the United States.
Although it’s your best bet to purchase a new car seat for your child, you would not be breaking the law if you bought one secondhand. As long as the seat is not damaged and has not been in a crash, it is safe, legal, and cost-effective to use.
Can You Use a Car Seat After an Accident?
The National Highway Traffic Safety Administration (NHTSA) recommends that all car seats be replaced following a moderate to severe collision to ensure the highest level of crash protection for child passengers. However, car seats don’t automatically need to be replaced following a minor accident.
Regardless, you should always follow the manufacturer’s instructions when handling your child’s car seat. If you have any further questions about child passenger safety or have recently been in an accident, you can turn to the experienced car accident attorneys at Grimes Teich Anderson.
Protecting the Good Families of The Carolinas
Ensuring the safety and well-being of a child is every caregiver’s top priority. That’s why staying up-to-date on car safety laws and best practices is crucial to protecting them from life-threatening injuries in a vehicle. Still, the unthinkable can happen at any time.
In the event of a car crash through no fault of your own, you need someone who will fight for you and your family. At Grimes Teich Anderson, we will stop at nothing to recover maximum compensation for your family to move forward after an accident.
Contact our legal team today by filling out and submitting a contact form below or calling our office toll-free at 800-533-6845 for a free legal consultation.