Yielding right-of-way to emergency vehicles--Duty of driver of emergency vehicle not to exercise right-of-way arbitrarily--Violation as misdemeanor

The driver of a vehicle upon a highway shall yield the right-of-way to police and fire department vehicles and ambulances if they are operated upon official business and the drivers give an audible signal by bell, siren, or exhaust whistle or visual signal by flashing, oscillating, or rotating beams of red light or combinations of red, blue, or white light visible one hundred eighty degrees to the front of the vehicle. The provisions of this section do not relieve the driver of a police, fire department vehicle, or ambulance from the duty to drive with due regard for the safety of all persons using the highway nor does it protect the driver of any such vehicle from the consequence of an arbitrary exercise of such right-of-way. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0319; SL 1945, ch 189 ; SL 1989, ch 255 , § 152; SL 2007, ch 186 , § 4. 32-26-16 . Highway equipment and personnel as having right - of - way--Use of left - hand side of highway--Display of light--Reasonable room for traffic--Violation as misdemeanor. Highway equipment and personnel in the performance of their duties of maintaining the highway shall have the preference of right - of - way and shall be permitted to drive upon the left - hand side of the traveled portion of the highway for the purpose of dumping materials, for repairing the highway, and also for smoothing the road surface. Highway equipment shall, at all times, display a flashing or revolving light to warn the traveling public. However, highway equipment may not indiscriminately block the traffic, but shall allow reasonable room on the traveled portion of the highway for other vehicles to pass. The equipment may not be bound by the provisions of this chapter to turn to the right when meeting other vehicles or allowing them to pass when work requires such equipment to remain on the other side of the traveled portion of the highway. The equipment is subject to the laws of travel as provided in this chapter, unless the performance of maintenance work requires otherwise. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0319; SL 1945, ch 189 ; SL 1976, ch 201 ; SL 1987, ch 210 , § 36; SL 1989, ch 255 , § 153.