Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
The owner of the boat, motor vehicle, off-road vehicle, or snowmobile, is responsible for any costs of removal incurred by the state, any political subdivision of the state, or any removal agency acting on behalf of the state or a political subdivision thereof
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Absent gross negligence or willful and wanton misconduct in removing a boat, motor vehicle, off-road vehicle, or snowmobile, and its cargo, no agent of the Division of Highway Patrol, the Department of Transportation, the Department of Game, Fish and Parks, and no removal agency …
SDCL § 32-30-1 Stopping or parking on rural highway prohibited--Violation as misdemeanor
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No person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main - traveled portion of any highway, outside of a business or residence district, when it is practical to stop, park, or leave such vehicle standing off of th…
SDCL § 32-30-10 Confiscation of license plates upon conviction for violation of special privileges
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Upon conviction of any offense involving a violation of the special privilege conferred by § 32-30-11.1 upon holders of the distinctive license plates issued under subdivision 32-5-157(2), a magistrate or judge trying the case may, as a part of any penalty imposed, confiscate the…
SDCL § 32-30-11 Unauthorized use of disabled veteran's license as misdemeanor--Fine
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Any person, other than the veteran to whom it was issued, who uses a disabled veteran's license of identification issued pursuant to subdivision 32-5-157(2) for the purpose of parking a motor vehicle as permitted by § 32-30-11.1 , commits a Class 2 misdemeanor. The court shall as…
Persons with physical disabilities entitled to park without time limitation--Reserved spaces--Exceptions for fire-lane and rush-hour ordinances
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Any person with a physical disability, who displays special license plates issued under § 32-5-76 or subdivision 32-5-157(2), a serially numbered certificate issued under § 32-5-76.1 or 32-5-76.2 , or a similar license plate or certificate issued in another state on a motor vehic…
SDCL § 32-30-11.2 Report of improper use of special plates or certificates--Revocation of privilege
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If the police of any municipality or any other political subdivision finds that special license plates or certificates are being improperly used, the police shall report such violation to the Department of Revenue which shall revoke the privilege of displaying license plates or c…
SDCL § 32-30-11.3 Use of privileges by persons not entitled to them as misdemeanor--Fines
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Any person who is not a person with a physical disability and who exercises the privileges granted a person with a physical disability under § 32-30-11.1 commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is mark…
SDCL § 32-30-11.4 Unauthorized parking or stopping in designated space as misdemeanor--Fine
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The owner of any vehicle not displaying a serially numbered certificate or special license plate parked or stopped in a parking space, or blocking a parking space, on public or private property designated as reserved for a person with a physical disability commits a Class 2 misde…
SDCL § 32-30-11.6 Municipal designation of parking spaces for persons with disabilities
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Each municipality shall by ordinance, designate special parking spaces which shall be accessible to and usable by persons with physical disabilities. Each municipality may, by ordinance, designate parking spaces that are only for use by a person using a wheelchair. The parking sp…
SDCL § 32-30-11.8 Blocking access to reserved parking spaces or ramps as misdemeanor--Fine
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No owner of a vehicle may park, stop, or stand in an access aisle or lane immediately adjacent to reserved parking spaces or in front of a ramp or curb - cut in such a manner that blocks access to a person with a disability who uses a wheelchair. A violation of this section is a …
SDCL § 32-30-11.9 Signs to state penalties for illegal use of designated parking spaces--Certain penalties apply although not stated
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Each sign designating a parking space for a person with a physical disability shall state the penalty for illegal use of the parking space. This section only applies to a new sign or a sign that replaces an existing sign after July 1, 2002. However, any fine imposed pursuant to §…
SDCL § 32-30-12 Abandoned vehicles--Vehicles unattended for more than twenty - four hours
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If any vehicle is left unattended on any public road, highway, or highway right - of - way of this state, for a longer period than twenty - four hours without notifying the sheriff, highway patrol office of the county, a peace officer of the municipality, or the appropriate munic…
SDCL § 32-30-12.1 Modification by municipal ordinance of abandoned vehicle provisions
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The governing body of any municipality may by ordinance modify or change any provision of any of §§ 32-30-12 to 32-30-18 , inclusive, to meet its needs or to clarify the duties of its peace officers. Source: SL 1970, ch 180 , § 1.
SDCL § 32-30-12.2 Abandonment of motor vehicle on public highway or right-of-way a misdemeanor--Reasonable towing and storage fees--Suspension of fine
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No person may abandon a motor vehicle on any public highway or right-of-way. A violation of this section is a Class 2 misdemeanor. Any person convicted of abandoning a motor vehicle shall be ordered to pay any reasonable towing and storage fees, if the person was notified pursuan…
SDCL § 32-30-13 That person may also arrange for removal from the highway or right of way of any spilled cargo or other personal property belonging to the occupants of the motor vehicle, which could obstruct traffic or present a safety hazard
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The owner of the motor vehicle is responsible for any costs of removal incurred by the state, any political subdivision of the state, or any removal agency acting on behalf of the state or a political subdivision thereof. Absent gross negligence or willful and wanton misconduct i…
SDCL § 32-30-14 Vehicles blocking traffic--Wrecked vehicles
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A vehicle found attended or unattended upon a bridge, causeway, in any tunnel, or on the traveled portion of any roadway where the vehicle constitutes an obstruction and hazard to traffic or a vehicle which appears to have sustained reportable accident damage may be removed at an…
SDCL § 32-30-15 Notification to owner of removal of abandoned or wrecked vehicle--Recovery by owner--Disposal
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Any removal agency as defined by § 32-36-2 which has removed an abandoned or wrecked vehicle pursuant to this chapter or a vehicle impounded pursuant to § 32-30-19 shall comply with the provisions of § 32-36-8 to notify the registered owner, and if encumbered, the lien holder of …
Lien for costs of removal and storage of vehicle--Limit--Exception
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The sheriff, law enforcement officer, or removal agency taking custody of any vehicle under the provisions of §§ 32-30-12 to 32-30-15 , inclusive, 32-30-19 , and 32-36-4 has a possessory lien on the vehicle and the contents of the vehicle for the reasonable costs in taking custod…
SDCL § 32-30-18.1 Owners of certain abandoned vehicles civilly liable for towing and storage expenses
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Any owner of a motor vehicle who intentionally abandons a motor vehicle on any public highway or right-of-way is civilly liable to the removal agency for the expense of towing the motor vehicle. The owner is also civilly liable for any storage expense pursuant to §
SDCL § 32-30-19 Police to move vehicle to place of safety--When required
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Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when a report has been made that the vehicle has been stolen or taken without the consent of its owner, when the person or persons in charge of the…
SDCL § 32-30-2 Standing or parked vehicles--Remaining space required--Unobstructed view required--Violation as misdemeanor
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No person may park or leave standing any vehicle, whether attended or unattended, upon any highway unless a clear or unobstructed width of not less than twenty feet upon the main - traveled portion of such highway opposite such standing vehicle shall be left for free passage of o…
SDCL § 32-30-2.1 Position of parking on two - way road--Violation as misdemeanor
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Except as otherwise provided in §§ 32-30-2.2 to 32-30-2.4 , inclusive, every vehicle stopped or parked upon a two - way roadway shall be so stopped or parked with the right - hand wheels parallel to and within twelve inches of the right - hand curb or edge of the roadway. A viola…
SDCL § 32-30-2.2 Position of parking on one - way road--Violation as misdemeanor
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Unless otherwise provided by local ordinance, every vehicle stopped or parked upon a one - way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right - hand wheels within twelve inches of …
SDCL § 32-30-2.3 Angle parking by local ordinance--Commission concurrence required on state or federal highways
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Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal - aid or state highway unless the transportation commission has determined by resolution or order entered in its minutes that the roadway is of …
SDCL § 32-30-2.4 Stopping, standing, parking, or standing outside vehicle prohibited or restricted where sign posted by department--Violation as misdemeanor
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The Department of Transportation with respect to highways under its jurisdiction may promulgate rules pursuant to chapter 1-26 to prohibit or restrict the stopping, standing, or parking of vehicles or the presence of any person standing outside of a motor vehicle, on any highway …
SDCL § 32-30-2.5 Opening of doors on traffic side of stopped vehicle--Violation as petty offense
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No person may open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor may any person leave a door open on the side of a vehicle available …
SDCL § 32-30-20 Unsafe backing prohibited--Violation as misdemeanor
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The driver of a vehicle may not back the vehicle unless such movement can be made with safety and without interfering with other traffic. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 , § 31, § 9; SL 1989, ch 255 , § 205.
SDCL § 32-30-21 Backing prohibited on controlled - access highway--Violation as misdemeanor
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The driver of a vehicle may not back the vehicle upon any shoulder or roadway of any controlled - access highway. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 , § 31, § 10; SL 1989, ch 255 , § 206. 32-30-22. Repealed by SL 1989, ch 255 , § 200.
SDCL § 32-30-23 Removal of parking from municipal street--Approval of municipality and transportation commission
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Notwithstanding the provisions of §§ 31-4-14 , 31-32-13 , and 32-30-2.4 , no parking may be removed from a municipal street in a municipality with a population in excess of sixty thousand which is part of the state trunk highway system until that removal of parking has been appro…
SDCL § 32-30-3 Removal of vehicles improperly parked or standing
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If any peace officer finds a vehicle standing upon a highway in violation of the provisions of § 32-30-1 , 32-30-2 , or 32-30-4 , he may move the vehicle or require the driver or person in charge of the vehicle to move the vehicle to a position permitted under said sections. Sour…
SDCL § 32-30-3.1 Removal of unattended vehicle by removal agency--Reporting requirements--Violation as misdemeanor
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If any removal agency as defined by § 32-36-2 removes any unattended motor vehicle from a public street or highway and the removal is not at the written request of the owner, an authorized agent of the owner, or a law enforcement officer, the removal agency shall report the remov…
SDCL § 32-30-3.2 Removal agency failing to report removal not entitled to fees
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If a removal agency fails to make a report as required by § 32-30-3.1 , the removal agency is not entitled to any towing or storage fees for the removed vehicle and no such towing or storage fees may be billed or collected by the removal agency. Source: SL 2000, ch 161 , § 2.
SDCL § 32-30-4 Disabled vehicles excepted--Emergency lamps, flares and flags--Removal of vehicle--Violation a misdemeanor
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The provisions of §§ 32-30-1 to 32-30-3 , inclusive, do not apply to the driver of any vehicle which is disabled while on the paved, improved, or main - traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving…
SDCL § 32-30-4.1 Disabled vehicle--Officers’ authority for removal--Owner responsible for cost--Liability limited
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If the driver or person in charge of a disabled motor vehicle is unable to expeditiously arrange for the removal of the vehicle from the main-traveled portion of a highway pursuant to § 32-30-4 , or from the right of way, or if a vehicle is an obstruction or hazard to traffic pur…
SDCL § 32-30-4.2 Disabled vehicle--Removal from public waters--Owner responsible for cost--Liability limited
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Any agent of the Division of Highway Patrol, the Department of Transportation, the Department of Game, Fish and Parks, any sheriff or peace officer of this state, and any removal agency or other person acting at the direction of law enforcement or any state agency personnel speci…
SDCL § 32-30-5 Safeguarding of unattended vehicle--Violation as petty offense
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No person driving or in charge of a motor vehicle may permit it to stand unattended without effectively setting the brake thereon and, if standing upon any grade, turning the front wheel to the curb or side of the highway. A violation of this section is a petty offense. Source: S…
SDCL § 32-30-6 Places where standing and parking prohibited--Exception to discharge passengers--Violation as petty offense
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Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (1) In front…
SDCL § 32-30-6.1 Places where stopping prohibited--Violation as petty offense
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Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stop, stand or park a vehicle: (1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (2) On a si…
SDCL § 32-30-6.2 Places where parking prohibited--Exception for loading and unloading--Violation as petty offense
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Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading me…
SDCL § 32-30-6.3 Unauthorized movement of another vehicle into prohibited area--Violation as petty offense
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No person may move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. A violation of this section is a petty offense. Source: SL 1970, ch 175 , § 31, § 3; SL 1989, ch 255 , § 212. 32-30-7. Repealed by SL 1992…
SDCL § 32-30-9 Display of license required
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Any license issued as provided in subdivision 32-5-157(2), shall be displayed prominently upon the motor vehicle while being parked by or under the direction of the veteran pursuant to §