Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-12-23 Government employees exempt from licensing requirement
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Any employee of the United States government possessing a valid driver license of the United States government or any other state is exempt from license under this chapter while operating a motor vehicle owned by or leased to the United States government and being operated on off…
SDCL § 32-12-24 Nonresident out - of - state licensee exempt from licensing requirement
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A nonresident who is at least sixteen years of age and who has in that person's immediate possession a valid operator's license or motorcycle operator's license issued by that person's home state or country may operate in this state any motor vehicle for which that person is lice…
SDCL § 32-12-25 Repealed by SL 1989, ch 265 , § 22
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32-12-26 Reciprocity respecting nonresident provisions. 32-12-26.1 Period of residency for purpose of licensing requirement. 32-12-27 Military personnel, domestic volunteers, and dependents with out-of-state license exempt. 32-12-28 Students in driver education class exempt from …
SDCL § 32-12-26 Reciprocity respecting nonresident provisions
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The provisions of § 32-12-24 granting exemptions to any nonresident are operative only to the same extent that the laws of the state of the nonresident grant exemptions to residents of this state. Source: SDC Supp 1960, § 44.03B02 as added by SL 1964, ch 128 , § 1; SL 1989, ch 26…
SDCL § 32-12-26.1 Period of residency for purpose of licensing requirement
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Any person who has resided in this state for a period of ninety days is considered a resident for the purpose of being licensed to drive a motor vehicle under the laws of this state. Source: SDC Supp 1960, § 44.03B02 as added by SL 1968, ch 174 .
SDCL § 32-12-27 Military personnel, domestic volunteers, and dependents with out - of - state license exempt
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Any nonresident who is stationed in this state while in the military service of the United States or any nonresident who is assigned in this state under the Domestic Volunteer Service Act of 1973 and any dependent of such nonresident, and who has in that person's possession a val…
SDCL § 32-12-28 Students in driver education class exempt from licensing requirement--Conditions attached to operation
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Any student enrolled in a driver education class which has been approved by the South Dakota Department of Education may drive a motor vehicle without a license under this chapter on a designated highway or within a designated area if such student is accompanied by an approved dr…
SDCL § 32-12-29 Unlicensable persons--Minors under sixteen--Exceptions
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The Department of Public Safety may not issue any license under this chapter to any person who is under the age of sixteen years, except that the department may issue a restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction …
SDCL § 32-12-3 Contents of application--Certification
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Every application under this chapter shall state the full legal name or any other name taken for lawful purposes, date of birth, social security number, sex, and current mailing address and residential address of the applicant, and briefly describe the applicant. The applicant sh…
SDCL § 32-12-3.1 Identification to be submitted with application--Copy of documentation to be retained by department--Violation as misdemeanor
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Any applicant as provided for in this chapter shall, on making application for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification car…
SDCL § 32-12-3.2 Promulgation of rules
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The Department of Public Safety may promulgate rules pursuant to chapter 1-26 to implement the provisions of §§ 32-12-3.1 and
SDCL § 32-12-3.3 Evidence of lawful status in U.S
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to be presented with application. Any applicant under the provisions of this chapter shall, on making application for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction …
SDCL § 32-12-3.4 Evidence of social security number or nonwork authorized status to be presented with application
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Any applicant under the provisions of this chapter who has been assigned a social security account number shall, on making initial application for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction pe…
SDCL § 32-12-3.5 Documents with applicant's name and residence address to be presented with application
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Any applicant under the provisions of this chapter shall, on making application for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identificatio…
SDCL § 32-12-30 Unlicensable persons--Suspended or revoked license or privilege to drive--Exceptions--Out - of - state suspension
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The Department of Public Safety may not issue any license under this chapter to any person whose license or privilege to drive is suspended or revoked, except as provided in §§ 32-12-47.1 and
SDCL § 32-12-31 Unlicensable persons--Habitual alcohol or drug user
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The Department of Public Safety shall not issue any license under this chapter to any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle. …
SDCL § 32-12-32 Unlicensable persons--Physical or mental capability--Promulgation of rules
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The Department of Public Safety may not issue any license under this chapter to any person who is physically or mentally incapable to drive. The Department of Public Safety may promulgate rules, pursuant to chapter 1-26 , to establish criteria for determining an individual's phys…
SDCL § 32-12-33 Unlicensable persons--Failure to pass examination
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The Department of Public Safety shall not issue any license under this chapter to any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination. Source: SL 1959, ch 261 , § 3; SDC Supp 1960, § 44.03B03 (5); S…
SDCL § 32-12-34 Unlicensable persons--Failure to deposit proof of financial responsibility
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The Department of Public Safety shall not issue any license under this chapter to any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof. Source: SL 1955, ch 187 , § 8; SL 1959, ch 261 , § 3; SDC S…
SDCL § 32-12-35 Unlicensable persons--Driving inimical to public safety or welfare
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The Department of Public Safety shall not issue any license under this chapter to any person when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare. Source: SL 1959, ch 261 ,…
SDCL § 32-12-36 Issuance of restricted license
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The Department of Public Safety upon issuing a driver license may impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions…
SDCL § 32-12-36.1 SDCL 32-12-36.1
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SDCL § 32-12-37 Special restricted license--Restrictions stated upon ordinary license
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The Department of Public Safety may either issue a special restricted license or may set forth such restrictions upon the usual license form. Source: SL 1959, ch 261 , § 12; SDC Supp 1960, § 44.03B12 (2); SL 2003, ch 272 , § 23.
SDCL § 32-12-38 Violation of restriction--Suspension or revocation
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The Department of Public Safety may upon receiving satisfactory evidence of any violation of the restrictions imposed pursuant to § 32-12-36 suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this chapter. Source: S…
SDCL § 32-12-38.1 SDCL 32-12-38.1
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SDCL § 32-12-39 Requirement that license be in possession of driver--Display of license--Violation as petty offense
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Each licensee shall have a driver license in the licensee's immediate possession at all times when operating a motor vehicle and shall display the driver license upon demand of a judge of a court of record, a magistrate, a peace officer, or a field deputy or inspector of the Depa…
SDCL § 32-12-4 Examination of applicant--Place of examination--Time of examination
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The Department of Public Safety or any person authorized by the secretary of the Department of Public Safety shall examine each applicant for a driver license. Such examination shall include a test of the applicant's eyesight, the applicant's ability to read and understand highwa…
SDCL § 32-12-4.1 Classes of vehicles--Qualifications and examination
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The secretary of the Department of Public Safety may adopt rules and regulations setting forth qualifications necessary for the safe operation of various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualifications accor…
SDCL § 32-12-4.5 Rules authorized for medical and vision standards of drivers
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The secretary of the Department of Public Safety may promulgate rules on medical criteria and vision standards relating to the licensing of drivers under the provisions of this chapter. Source: SL 1974, ch 230 , § 4; SL 1986, ch 22 , § 4; SL 2003, ch 272 , § 23. 32-12-4.6, 32-12-…
SDCL § 32-12-4.8 Low-speed vehicle operation
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Any person operating a low-speed vehicle shall hold a valid driver's license. Source: SL 2008, ch 147 , § 6. 32-12-5. Repealed by SL 1970, ch 172 .
SDCL § 32-12-40 Production of license in court--License expired for not more than thirty days--Postponement of sentencing pending renewal
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No judgment may be issued against a person charged with violating § 32-12-39 , if the person produces in court, or the office of the officer making the demand, the person's valid driver license. If the driver license is expired for not more than thirty days prior to the time of t…
SDCL § 32-12-41 Lost or destroyed license--Issuance of duplicate--Fee--Affidavit
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In the event that a license issued under the provisions of this chapter is lost or destroyed, the person to whom the same was issued may, upon payment of the required fee, obtain a duplicate, or substitute thereof, upon furnishing an affidavit to the Department of Public Safety t…
SDCL § 32-12-42 Expiration of license or permit--Renewal--Application and fee--Waiver of tests
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An operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's permit expires on the licensee's birthday in the fifth year following the issuance of the license, or on the date of expiration of the applicant's authorized stay in …
SDCL § 32-12-42.1 Expiration of license, permit or identification card issued to individual under twenty - one years of age
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Any operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card issued to any individual under twenty - one years of age expires thirty days…
SDCL § 32-12-42.2 Expiration of license issued to person not a U.S
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citizen or permanent resident. A license issued to an applicant who is not a citizen or a legal permanent resident of the United States expires coterminously with the applicant's authorized duration of stay or the otherwise applicable expiration date of the license issued under t…
SDCL § 32-12-42.3 License expiration--Military and State Department personnel--Military spouses and dependents
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A valid operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit is not subject to the one hundred eighty-day renewable period in § 32-12-42 and may be renewed at any t…
SDCL § 32-12-43 Eyesight examination required for renewal--Exception
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For renewal of an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit, the Department of Public Safety shall require an examination of the applicant's eyesight, ex…
SDCL § 32-12-43.1 Application by mail or electronically for replacement or renewal
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Any person who holds a valid South Dakota operator's license, motorcycle operator's license, or nondriver identification card that meets the requirements of this chapter and 6 C.F.R. Part 37, as amended to January 1, 2015, may apply by mail or electronically for a replacement or …
SDCL § 32-12-43.2 Promulgation of rules on renewal by mail or electronic renewal
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The secretary of the Department of Public Safety may promulgate rules, pursuant to chapter 1-26 , on medical and vision standards, presentment of documents, application deadlines, and fees relating to the renewal by mail or electronic renewal of an operator's license, motorcycle …
SDCL § 32-12-45 Extended term of license or permit held by active duty member of armed forces, spouse, or dependent--Renewal
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A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by any active duty member of the United States armed forces, or held by a spouse or a…
SDCL § 32-12-45.1 Repealed by SL 2018, ch 191 , § 2
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32-12-46 Cause for suspension or revocation of license--Notice and examination--Failure to submit to examination--Issuance of restricted license. 32-12-47 Duration for which license may be suspended--Exceptions. 32-12-47.1 Renewal or restoration after suspension, revocation or di…
SDCL § 32-12-46 Cause for suspension or revocation of license--Notice and examination--Failure to submit to examination--Issuance of restricted license
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The Department of Public Safety, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five days to the licensee, require the driver to submit to an examination or interview. Upon the con…
SDCL § 32-12-47 Duration for which license may be suspended--Exceptions
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The Department of Public Safety may not suspend, under this chapter, a driver license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except as permitted under § 32-12-66 , subdivisions 32-12-49(6) and (7), or as provided in chapte…
SDCL § 32-12-47.1 Renewal or restoration after suspension, revocation or disqualification--Time--Application--Fee
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Any individual whose license or privilege to drive a motor vehicle on public highways has been revoked, suspended, or disqualified may not have the license or privilege renewed or restored unless the period of revocation, suspension, or disqualification has expired. The period be…
SDCL § 32-12-47.2 Revocation and suspension defined--Conditions for reinstatement after revocation or suspension
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Revocation is the termination of a person's driving privilege and withdrawal of that person's driver license, if any, for a specified time. No person whose driving privilege has been revoked may have that privilege and driver license reinstated during the time set out in the revo…
SDCL § 32-12-47.3 Application for license when time for suspension or revocation has expired--Violation
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If the time for the suspension or revocation of a person's driver license or driving privileges has expired, the person is eligible for reinstatement. However, a driver license and driving privileges shall continue to be withdrawn until the person has applied for and received a n…
SDCL § 32-12-48 Revocation period for driving under the influence--Reinstatement application and fee--Investigation--Restrictions imposed by court
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If a defendant is convicted under § 32-23-2 , 32-23-3 , 32-23-4 , 32-23-4.6 , 32-23-4.7 , or 32-23-4.9 , the period of revocation begins on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the conclusion of th…
Suspension, revocation or cancellation after opportunity for hearing--Grounds--Old offenses not considered--Rules
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The secretary of the Department of Public Safety may suspend, revoke, or cancel the driving privilege or license of a person after opportunity for hearing pursuant to chapter 1-26 if hearing is demanded, upon a showing by its records or other sufficient evidence that the licensee…
SDCL § 32-12-49.2 Point accumulation subjecting license or permit to suspension
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Any motor vehicle operator is subject to driver license or driving privilege suspension who, in accordance with the schedule provided in § 32-12-49.1 , has been convicted of traffic violations resulting in the accumulation of fifteen points within any twelve consecutive months, o…
SDCL § 32-12-49.3 Suspension based on licensee's record
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The department shall impose a period of suspension for violations meeting the conditions of subdivision 32-12-49(2) or (4), based on the licensee's record during the last forty - eight months, according to the following schedule: (1) First suspension--sixty days; (2) Second suspe…