Seat belts, child seats and phone laws in South Carolina
Seat belts and phones are two areas where a habit formed as a learner can save your life. South Carolina enforces both firmly: officers can stop you just for an unbelted occupant, and the state's hands-free law bans holding a phone at all while driving.
On the road test, failing to wear your seat belt is an automatic fail.
By the end of this topic you can
- You can wear a seat belt correctly and make sure passengers are buckled.
- You can choose the right child restraint for a child's age and size.
- You can explain what the Hands-Free and Distracted Driving Act bans and allows.
- You can state the penalties for breaking the hands-free law.
- You can manage other distractions in the car.
What you need to know and understand
- South Carolina has a primary seat belt law: an officer can stop a vehicle just for an unbelted driver or occupant.
- Children 7 and younger must ride in a car seat in the back seat.
- Under 2: rear-facing car seat in a rear seat until the child outgrows the manufacturer's height or weight limit.
- Never place a rear-facing car seat in front of an air bag.
- A child at least 8 years old or 57 inches tall may use an adult belt if it fits properly.
- The hands-free law bans holding or supporting a phone with any part of your body, reading or sending any text, and watching video while driving.
- Penalties: $100 for a first offense; $200 and 2 points for a second or later offense within three years.
Wearing the belt the right way
- Shoulder belt across your shoulder and chest with little or no slack, never under your arm or behind your back.
- Lap belt snug and low across your hips, not your stomach.
- Wear it even when the car has air bags; air bags are designed to work with belts, not replace them.
- As the driver, check that every passenger is buckled or in a proper child restraint before moving off.
Child restraint stages
These stages come from SC Code 56-5-6410. The South Carolina Department of Public Safety's Buckle Up South Carolina program has more detail on fitting seats.
- Rear-facing seat: infants under 2, in a rear seat, until they outgrow the seat's limits.
- Forward-facing seat with a harness: children at least 2, or under 2 who have outgrown the rear-facing seat, in a rear seat.
- Booster seat: children at least 4 who have outgrown the forward-facing seat, in a rear seat, used with a lap and shoulder belt.
- Adult seat belt: once the child is at least 8 or 57 inches tall and the belt fits properly.
The hands-free law and other distractions
South Carolina's Hands-Free and Distracted Driving Act took effect on September 1, 2025. While driving on any public road you must not hold or support a phone or other mobile device with any part of your body, read, write or send texts, emails or app messages, or watch videos, games or video calls. You may use an earpiece or a wrist-worn device for voice calls, and voice commands that do not involve holding the device. The law does not apply when you are lawfully parked or stopped, or when you call to report a crash or emergency.
Phones are not the only distraction. Avoid arguments and emotional conversations, avoid eating while driving, and secure pets in a carrier. Set your navigation and music before you move off, or pull over safely to change them.
Common mistakes
- Wearing the shoulder belt behind your back because it rubs your neck. Adjust the seat or belt height instead.
- Picking up the phone in slow traffic. The law applies whenever you are driving on a public road; the safe habit is to leave the phone alone until you have pulled over and parked.
- Moving a child to a booster too early. Follow the seat's limits and the age and height stages.
- Putting a rear-facing seat in the front passenger seat with an active air bag.
- Thinking a second hands-free ticket is just a fine. It also adds 2 points.
Test yourself: Seat belts, child seats and phone laws in South Carolina
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Sources: South Carolina Driver's License Manual, Section 3 Driver Distractions and Section 4 Using Safety Belts and Child Passenger Safety Laws (South Carolina Department of Motor Vehicles, revised June 2024, current edition on the SCDMV website); South Carolina Code of Laws, Section 56-5-3890 as amended by the Hands-Free and Distracted Driving Act (2025 Act No. 40), and Section 56-5-6410; South Carolina Department of Public Safety, hands-free law information (scdps.sc.gov). Independent guide, not affiliated with any licensing agency. Always check the latest official rules with the South Carolina licensing agency.