Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
A violation of this section is a Class 2 misdemeanor
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Source: SDC 1939, § 44.0323; SL 1989, ch 255 , § 158.
SDCL § 32-26-1 Use of right half of highway required--Slow - moving vehicles--Overtaking and passing excepted--Violation as misdemeanor
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Upon all highways of sufficient width, except upon one - way streets, the driver of a vehicle shall drive the same upon the right half of the highway and shall drive a slow - moving vehicle as closely as possible to the right - hand edge or curb of such highway, unless it is impr…
SDCL § 32-26-10 Entering controlled - access highway--Violation as misdemeanor
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No person may drive a vehicle onto or from any controlled - access roadway except at such entrances and exits as are established by public authority. A violation of this section is a Class 2 misdemeanor. Source: SL 1961, ch 150 , § 3; SL 1989, ch 255 , § 149.
SDCL § 32-26-11 Prohibition of pedestrians and nonmotorized traffic or motorcycles on controlled - access highway--Maintenance of signs--Violation as misdemeanor
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The transportation commission may, by rule adopted pursuant to chapter 1-26 , and local authorities may by ordinance, with respect to any controlled - access roadway under their respective jurisdictions, prohibit the use of any such roadway by pedestrians, bicycles, or other nonm…
SDCL § 32-26-12 Applicability of controlled - access provisions
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Sections 32-26-10 and 32-26-11 are supplementary to and not in lieu of the provisions of chapter 31-8 . Source: SL 1961, ch 150 , § 3.
SDCL § 32-26-13 Right - of - way at intersections--Unlawful speed as forfeiting right - of - way--Violation as misdemeanor
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When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right - of - way to the vehicle on the right except as otherwise provided in §§ 32-26-14 to 32-26-16 , inclusive. The driver of any vehicle tr…
SDCL § 32-26-14 Entry of highway from alley, building or private road--Violation as misdemeanor
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The driver of a vehicle about to enter or cross a public highway from an alley, building, private road, or driveway shall yield the right - of - way to all vehicles approaching on such public highway. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.03…
SDCL § 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
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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 r…
SDCL § 32-26-17 Right - turning vehicle required to keep right--Violation as misdemeanor
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Except as otherwise provided in § 32-26-20 , the driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right - hand side of the highway, and in turning shall keep as closely as practicable to …
SDCL § 32-26-18 Left - turning vehicle--Manner of making turn--Violation as misdemeanor
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The driver of a vehicle intending to turn left shall approach the turn in the extreme left - hand lane lawfully available to traffic moving in the direction of travel of the vehicle. If practicable, the left turn shall be made to the left of the center of the intersection and so …
SDCL § 32-26-18.1 Turning from wrong lane prohibited--Turn signal required--Violation as misdemeanor
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No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required by §§ 32-26-17 and
SDCL § 32-26-19 Left - turning vehicles--Right - of - way of oncoming vehicle--Signals--Violation as misdemeanor
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The driver of a vehicle within an intersection intending to turn to the left shall yield the right - of - way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. The driver after having …
SDCL § 32-26-2 Intersections and grade crossings--Use of right half of highway--Obstructions--Violation as misdemeanor
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In crossing an intersection of highways or the intersection of a highway by a railroad right - of - way, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable. A violation of thi…
SDCL § 32-26-20 Authority to modify method of turning--Violation as misdemeanor--Posting signs--Approval of Department of Transportation
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The Department of Transportation or local authorities in their respective jurisdictions may modify the method of turning at intersections provided by §§ 32-26-17 and 32-26-18 by clearly indicating by buttons, markers, or other direction signs installed within an intersection the …
SDCL § 32-26-21 Driving through safety zone prohibited--Violation as misdemeanor
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No driver of a vehicle may, at any time, drive through or over a safety zone as defined in §
SDCL § 32-26-21.1 Driving on sidewalk prohibited--Municipal restrictions on bicycle, motorized foot scooter, or electric personal assistive device operation--Violation as misdemeanor
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No person may drive any vehicle other than a bicycle, motorized foot scooter, or an electric personal assistive device upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. The local governing body of a municipality may restrict a bicycle…
SDCL § 32-26-21.2 "Electric personal assistive device" defined
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For the purposes of §§ 32-26-21.2 to 32-26-21.3 , inclusive, the term, electric personal assistive device, means a self - balancing two non - tandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the devi…
SDCL § 32-26-21.3 Electric personal assistive devices exempt from provisions of certain chapters
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An electric personal assistive device is exempt from the provisions of chapters 32-3 , 32-5 , 32-5A , 32-5B , 32-6B , 32-15 , 32-17 , 32-18 , 32-20 , 32-37 , and 37-5 . Source: SL 2002, ch 161 , § 3.
SDCL § 32-26-21.4 Motorized foot scooter defined
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For the purposes of §§ 32-26-21.1 to 32-26-21.6 , inclusive, the term, motorized foot scooter, means a wheeled conveyance, with handlebars, designed to be stood or sat upon by the operator, and powered by an electric motor that is capable of propelling the device with or without …
SDCL § 32-26-21.5 Motorized foot scooter--Exempt from certain vehicle requirements
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A motorized foot scooter is exempt from the provisions of chapters 32-3 , 32-5 , 32-5 A, 32-5 B, 32-6B , 32-14 , 32-15 , 32-20 , 32-3 5, 32-3 7, and 37-5 . Source: SL 2021, ch 137 , § 3; SL 2022, ch 101 , § 3, eff. Mar. 16, 2022.
SDCL § 32-26-21.6 Motorized scooter ordinances authorized in municipalities
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Notwithstanding the provisions of § 32-25-27 , a municipality may adopt, by ordinance, traffic regulations permitting the use of a motorized foot scooter on any street, bike path, or multi-use path within its platted boundaries. Source: SL 2022, ch 101 , § 1, eff. Mar. 16, 2022.
SDCL § 32-26-22 Starting, stopping, or turning--Lookout--When signals required--Violation as misdemeanor
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The driver of any vehicle upon a highway before starting, stopping, or turning from a direct line shall first see that such movement can be made in safety and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever…
Stopping or slowing signal required--Improper use of signals--Violation as misdemeanor
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No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in § 32-26-23 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. The signal provided in § 32-26-23 sha…
SDCL § 32-26-23 Arm signals, mechanical signals, and electrical signals--Violation as misdemeanor
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The signal required in § 32-26-22 shall be given either by means of the hand and arm in the manner specified in § 32-26-24 , or by an approved mechanical or electrical signal device. However, if a vehicle is so constructed or loaded as to prevent the hand and arm signal from bein…
SDCL § 32-26-24 Manner of making arm signal--Violation as misdemeanor
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If the signal required by §§ 32-26-22 and 32-26-23 is given by means of the hand and arm, the driver shall indicate his intention to start, stop, or turn by extending the hand and arm from the left side of the vehicle in the following manner and such signals shall indicate as fol…
SDCL § 32-26-25 U - turn prohibited in no - passing zone or where unsafe--Violation as misdemeanor
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No vehicle, within a no - passing zone that is designated and marked in accord with § 32-26-38 , may be turned so as to proceed in the opposite direction, nor may any such turning movement be otherwise made unless it can be made in safety and without interfering with other traffi…
SDCL § 32-26-26 Overtaking vehicles--Passing to left required--Cutting in front prohibited--Violation as misdemeanor
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The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof. The driver of an overtaking vehicle shall pass at a safe distance to the side of an overtaken vehicle and may not cut in front of the latter un…
SDCL § 32-26-26.1 Overtaking bicycle--Minimum separation--Violation as misdemeanor
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The driver of any motor vehicle overtaking a bicycle proceeding in the same direction shall allow a minimum of a three foot separation between the right side of the driver's vehicle, including any mirror or other projection, and the left side of the bicycle if the posted limit is…
SDCL § 32-26-27 Overtaking and passing on right--Circumstances under which permitted--Violation as misdemeanor
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The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a street or highway with unobstructed pavement, not occupied by parked vehicles…
SDCL § 32-26-28 Passing on right--Driving off pavement prohibited--Violation as misdemeanor
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The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event may such movement be made by driving off the pavement or main traveled portion of the roadway. A violation of this section is a Class…
SDCL § 32-26-29 Repealed by omission from SL 1968, ch 172
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32-26-30 Overtaking and passing within business or residence district--Violation as misdemeanor. 32-26-31 Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor. 32-26-32 32-26-32 , 32-26-33. Repealed by SL 1968, ch 173 , § 1. 32-26-34 Passing …
SDCL § 32-26-3 Passing oncoming vehicles to right--Yielding one - half of highway--Violation as misdemeanor
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Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one - half of the main - traveled portion of the roadway as nearly as possible. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44…
SDCL § 32-26-30 Overtaking and passing within business or residence district--Violation as misdemeanor
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The driver of a vehicle within a business or residence district may not deviate from his direct line of travel without ascertaining that such movement can be made with safety to other vehicles approaching from the rear and about to overtake and pass such first mentioned vehicle. …
SDCL § 32-26-31 Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor
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Unless overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and may not increase the speed of his veh…
SDCL § 32-26-34 Passing by crossing highway center line when vision is obscured--Violation as misdemeanor
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No driver of a vehicle may drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such ove…
SDCL § 32-26-35 Driving to left on grade or curve--Obstructed view--Violation as misdemeanor
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No person may drive any vehicle on the left side of the roadway when approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard if another vehicle is approaching from the opposite direction. …
SDCL § 32-26-36 Driving to left on approach to intersection, grade crossing, bridge, or tunnel--Violation as misdemeanor
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No vehicle may be driven on the left side of the roadway when approaching within one hundred feet of or traversing any intersection or railroad grade crossing or when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. A violation of…
SDCL § 32-26-36.1 Driving to left permitted on one - way roads or in turning
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The limitations of §§ 32-26-35 and 32-26-36 shall not apply upon a one - way roadway, nor to the driver of a vehicle turning left into or from an alley, private road, or driveway. Source: SL 1970, ch 175 , § 19.
SDCL § 32-26-37 Passing in no - passing zone--Violation as misdemeanor
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The driver of a vehicle may not overtake and pass any other vehicle proceeding in the same direction when traveling in a no - passing zone on highways or bridges when either marked by signs or lines on the roadways. A violation of this section is a Class 2 misdemeanor. Source: SD…
SDCL § 32-26-38 Designation of hazardous passing zones--Signs and markings--Violation as misdemeanor
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The Department of Transportation may determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. If…
SDCL § 32-26-39 Designation of no - passing zones--Pavement striping marking no - passing zone--Violation as misdemeanor
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Where signs or markings are in place to define a no - passing zone as set forth in § 32-26-38 , no driver may, at any time, drive on the left side of the roadway within such no - passing zone or on the left side of any pavement striping designated to mark such no - passing zone t…
SDCL § 32-26-4 Mountain highways--Curves--Keeping to right--Violation as misdemeanor
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The driver of a motor vehicle traversing defiles, canyons, or mountain highways shall hold such motor vehicle under control and as near the right - hand side of the highway as reasonably possible. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0327; …
SDCL § 32-26-40 Following too closely--Violation as misdemeanor
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The driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and condition of the highway. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § …
SDCL § 32-26-41 Minimum distance between trucks or towed vehicles--Exception for overtaking--Violation as misdemeanor
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The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residence district, and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficien…
SDCL § 32-26-42 Minimum space in caravans and motorcades--Exceptions--Violation as misdemeanor
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Any motor vehicle being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any ot…
SDCL § 32-26-43 Maximum number of passengers in front--Violation as misdemeanor
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No person may drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of…
SDCL § 32-26-44 Passenger not to interfere with driver's view or control--Violation as misdemeanor
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No passenger in a vehicle may ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 , § 31, § 13;…
SDCL § 32-26-45 Repealed by SL 1989, ch 255 , § 140
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32-26-46 Definitions. 32-26-47 Repealed. 32-26-47.1 Use of mobile electronic device--Prohibitions--Violation as misdemeanor--Exceptions. 32-26-47.2 Social networking sites--Prohibition--Violation as misdemeanor. 32-26-48 Seizure of handheld electronic wireless communication devic…
SDCL § 32-26-46 Definitions
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Terms used in §§ 32-26-47.1, 32-26-47.2, and 32-26-48 mean: (1) "Operate," to drive or assume physical control of a motor vehicle upon a highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. The term does n…
SDCL § 32-26-47 Repealed
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Source: SL 2014, ch 153 , § 1; SL 2020, ch 124 , § 6.