Children on motorcycles: Is it legal in South Dakota?

Motorcycles in western South Dakota ahead of the Sturgis Rally.

by: Jacob Newton

Posted: Aug 1, 2023 / 02:03 PM CDT

Updated: Aug 1, 2023 / 02:03 PM CDT

SIOUX FALLS, S.D. (KELO) — Can you take a baby on a motorcycle? According to South Dakota law, technically, yes.

According to Vic Gust, a patrol sergeant with the Pennington County Sheriff’s Office, there is nothing in state law that explicitly bars having children, including toddlers and infants on a motorcycle.

“It just says no person under the age of 18 may ride as a rider or a passenger without having a helmet on,” Gust said.

An example of this law in action occurred within the past week in Sioux Falls.

According to Sioux Falls Police Officer Sam Clemens, a 24-year-old woman named Laura Arrowwood was charged on Friday, July 28 after crashing a moped with a 4-year-old on board.

“The moped was switching lanes and it ended up hitting some loose gravel which caused them to lose control,” said Clemens who went on to note that the child was not wearing a helmet. “She was charged with abuse or cruelty to a minor under seven, a minor riding on a motorcycle without a helmet, and then rider interfering with the control or view of the motorcycle operator.”

The last charge came about because the child was riding in front of the driver, Clemens explained.

Under state law, a car seat is not required for a child under five years or 40lbs, and this is because a motorcycle is classified differently than a regular “vehicle” under state law.

“[A motorcycle] is in the motor-vehicle chapters, there’s just definitely differences,” Gust said.

We asked Gust what he would do if he saw someone riding by with an infant on a motorcycle.

“I would think that most officers — they see someone operating a motorcycle with an infant child on there that doesn’t have a helmet — they would more than likely get stopped,” Gust said.

While it is possible to find helmets online that are advertised for youths and even for infants, it is unclear if the quality of many would meet DOT standards for use on a motorcycle under the DOT Motor Vehicle Safety Standard 218.

Even with a helmet in place, however, more conditions must be met.

Even with a helmet on, a driver could not physically hold an infant in their arm while driving, as this would be considered an impairment of the driver’s ability to operate the vehicle. This represents a challenge since many infants would not be able to sit by themselves on the seat of a motorcycle. “You have to be able to put both hands on the handlebars,” Gust said.

A seat, by the way, which must be provided for the passenger, even if it’s a child. No matter what, the motorcycle must have a seat for a second rider if more than one person is on the motorcycle.

“The motorcycle has to be able to have a seat or a position for a second rider,” said Gust.

Another rule, said Gust, is that the passenger must be forward facing on the motorcycle, eliminating the ability to wear a child on a harness, chest to chest.

A harness may not be allowed anyway, as it may impact the child’s ability to wear a helmet, may impede an operator’s visibility and control if worn on the front of the body.

“If you were to get in a crash then that baby or child’s affixed to you — their chances of surviving could diminish because they’re affixed to you,” Gust said.

Essentially, there’s no law saying you can’t have a child, including a toddler or an infant, on a motorcycle, but if you do, there must be a few standards met:

So if you are dead set on taking your child with you on your ride, be sure to dot your Is and cross your Ts, and don’t forget the helmet.