Title 32 — MOTOR VEHICLES

In addition to disqualification, a driver who is convicted of violating an out-of-service order pursuant to § 32-12A-8.1 is subject to a civil penalty of not less than three thousand nine hundred and sixty-one dollars for a first conviction and not less than seven thousand nine h…

The state's attorney for the county in which the violation of subdivision 32-12A-5 (3) occurs shall commence a civil in rem proceeding of not less than seven thousand one hundred and fifty-five dollars and not more than thirty-nine thousand six hundred and fifteen dollars against…

The state hereby adopts Title 49 of the Code of Federal Regulations, chapter 3, subpart B, parts 383 and 384, inclusive, as of January 1, 2015. Source: SL 1996, ch 201 , § 15; SDCL § 32-12-124; SL 2001, ch 171 , § 115; SL 2005, ch 167 , § 32, eff. Sept. 30, 2005; SL 2007, ch 182 …

Any person is disqualified from driving a commercial motor vehicle for a period of sixty days if convicted, while driving a commercial motor vehicle, of a first violation of § 32-29-4 , 32-29-5 , 32-29-7 , 32-29-8 , 32-29-9 , or

No person may drive a commercial motor vehicle on the highways of this state unless the person holds and has in immediate possession a commercial learner's permit or commercial driver license with applicable endorsements valid for the vehicle the person is driving. A violation of…

Any person is disqualified from driving a commercial motor vehicle for a period of one hundred twenty days if convicted during any three-year period, while driving a commercial motor vehicle, of a second conviction or any combination of convictions of § 32-29-4 , 32-29-5 , 32-29-…

Any person is disqualified from driving a commercial motor vehicle for a period of one year if convicted during any three-year period, while driving a commercial motor vehicle, of a third or subsequent conviction or any combination of convictions of § 32-29-4 , 32-29-5 , 32-29-7 …

Any disqualification imposed in accordance with the provisions of 49 C.F.R. part 383.52 as of January 1, 2015, relating to notification from the Federal Motor Carrier Safety Administration that the driver is disqualified from driving a commercial motor vehicle and is determined t…

The department shall furnish to any person, upon request, a certified abstract of the operating record for the previous three years of any individual subject to the provisions of chapter 32-35 . The abstract must list any motor vehicle accident in which the individual has been in…

The state may not mask, defer imposition of judgment, or permit any person to enter into a diversion program that would prevent a commercial learner's permit or commercial driver license holder's conviction for any violation, in any type of motor vehicle, of a state or local traf…

If a commercial learner's permit or commercial driver license holder's medical certification or medical variance expires, or if the Federal Motor Carrier Safety Administration notifies the department that a medical variance was removed or rescinded, the department shall do the fo…

Each state and third-party test examiner shall successfully complete a refresher course and examination every four years to maintain the examiner's commercial driver license test examiner certification. The refresher training course shall cover at least the following: (1) For a c…

In addition to the insurance requirements set forth by the department, each third-party tester shall initiate and maintain a bond in the amount of ten thousand dollars. The bond shall pay for retesting drivers in the event that the third-party tester or one or more of its examine…

If a person is convicted of a felony under chapter 22-49 or a federal felony offense involving a severe form of trafficking in persons, as defined by 22 U.S.C. § 7102(11), as of January 1, 2022, the department shall disqualify that person from driving a commercial motor vehicle f…

The department must, upon receiving notification pursuant to 49 C.F.R. § 383.73 (September 29, 2022), that a commercial learner’s permit holder or a commercial driver license holder is prohibited from operating a commercial motor vehicle, downgrade the commercial learner’s permit…

Each commercial motor vehicle driver shall meet the minimum standards and qualifications established under this chapter and in accordance with 49 C.F.R. subpart 383.23 as amended through January 1, 2015. Each commercial motor vehicle driver shall obtain a commercial learner's per…

No male United States citizen or immigrant who is at least eighteen years of age but less than twenty-six years of age and who is required to register with the United States Selective Service System may apply for or be issued a commercial learner's permit, commercial driver licen…

No downgrade may occur if before the department completes and records the downgrade on the commercial driver license information system driver record, the department receives notification that pursuant to 49 C.F.R. § 382.503(a) (October 7, 2021), the commercial learner’s permit h…

After the department completes and records the downgrade of the commercial driver license information system driver record, if the Federal Motor Carrier Safety Administration notifies the department that pursuant to 49 C.F.R. § 382.503(a) (October 7, 2021), a driver is no longer …

After the department completes and records the downgrade of the driver record on the commercial driver license information system, and if the Federal Motor Carrier Safety Administration notifies the department that the driver was erroneously identified as prohibited from operatin…

No person may drive a commercial motor vehicle on the highways of this state while that person's operator's license or privilege to drive a commercial motor vehicle is suspended, revoked, cancelled, or while subject to a disqualification. A violation of this section is a Class 1 …

No person may drive a commercial motor vehicle on the highways of this state while the person or the commercial motor vehicle is subject to any out-of-service order. A violation of this section is a Class 1 misdemeanor. The court shall order any person convicted for a violation o…

No person may drive a commercial motor vehicle on the highways of this state while the motor carrier operation employing the person is subject to any out-of-service order. A violation of this section is a Class 2 misdemeanor. Source: SL 2022, ch 95 , § 2.

The following are exempt from the provisions of this chapter: (1) Operators involved in farm to market transportation movements, at least sixteen years of age holding a valid operator's license, limited to those operators of a farm vehicle: (a) Controlled and operated by a farmer…

The Governor shall administer the highway safety program within this state and authorize, direct, and coordinate existing and future activities of agencies of this state and its political subdivisions in the program. The Governor shall do all things necessary to the administratio…

Subject to the provisions of § 32-13-1 , the political subdivisions of this state are hereby authorized and empowered to participate in said state and federal highway safety programs and do all acts necessary to carry out the purposes thereof. Source: SL 1967, ch 120 , § 2.

32-14-11 Occupation of towed house trailer or recreational vehicle--Penalty--Exception. 32-14-12 Certain maintenance vehicles exempt from overwidth restrictions. 32-14-13 Golf cart defined. 32-14-14 Ordinance permitting golf carts on highway within platted boundaries--Requirement…

No person may occupy a house trailer or a recreational vehicle as defined by § 32-3-1 while it is being towed. A violation of this section is a petty offense. This section does not apply to a recreational vehicle being towed by a truck, truck tractor, or pickup with a fifth - whe…

The provisions of §§ 32-22-2 and 32-22-3 do not apply to any road grader, snowplow, or snow removal equipment which does not exceed a width of thirteen feet and ten inches and which is being operated under contract to, or leased by, the state, a county, a township, municipality, …

For the purposes of §§ 32-14-14 to 32-14-16 , inclusive, the term, golf cart, means a four wheeled vehicle originally and specifically designed and intended to transport one or more individuals and golf clubs for the purpose of playing the game of golf on a golf course. Source: S…

Notwithstanding § 32-14-15 , any municipality or township with an unincorporated town may adopt, by ordinance, traffic regulations permitting the use of golf carts on a highway within its platted boundaries. The ordinance shall require that the golf cart is insured and the person…

Except as provided in § 32-14-15.1 , no person may operate a golf cart on a state or county highway except for crossing from one side of the highway to the other . A golf cart may cross the highway at a right angle, but only after stopping and yielding the right-of-way to all app…

Any person may operate a golf cart on a state or county highway if the posted speed limit is twenty-five miles per hour or less. Nothing in this section relieves golf cart operators of any statutory requirements associated with motor vehicle operation within this state. Source: S…

For the purposes of § 32-14-14 , the term, municipality, means any municipality organized pursuant to Title 9 and any improvement district established by a county pursuant to chapter 7-25A . A county may adopt, by ordinance, regulations to enforce and administer the provisions of…

For the purposes of this chapter, the term "multi-passenger quadricycle" means a vehicle equipped with fully operative pedals for propulsion by means of human muscular power exclusively. The vehicle must be: (1) Equipped with at least four wheels and is operated in a manner simil…

Unless otherwise allowed by a municipality, a multi-passenger quadricycle may not be operated on any bicycle path or multi-use path. Source: SL 2024, ch 118 , § 2.

An owner of a multi-passenger quadricycle must maintain financial responsibility as required by subdivisions 32-35-113 (1) and (4). Source: SL 2024, ch 118 , § 3.

The provisions of chapters 32-14 to 32-19 , inclusive, and of chapters 32-22 to 32-34 , inclusive, applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by this state or any county, municipality, district, or any oth…

Local authorities, except as expressly authorized by chapter 32-25 and § 32-29-2 , may not alter any speed limitations declared in chapter 32-25 or enact or enforce any ordinance, charter provision, or bylaw duplicating the provisions of chapter 32-23 or enact or enforce any rule…

Local authorities may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations. Source: SDC 1939, § 44.0334.

Local authorities may provide by ordinance for the regulation of traffic on highways under their jurisdiction by means of traffic officers or traffic control devices on any portion of the highway where traffic is heavy or continuous or local authorities may prohibit other than on…

Local authorities, including road districts, may by ordinance or resolution prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles allowed. Such prohibitions or restrictions apply only to vehicles to be operated upon any highway un…

Local authorities, including road districts, may by ordinance or resolution prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weights of such vehicles on designated highways. The prohibitions and limitations shall be designated by appro…

The provisions of chapters 32-14 to 32-19 , inclusive, 32-22 and of 32-26 to 32-32 , inclusive, do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when trav…

Nothing in chapters 32-14 to 32-19 , inclusive, or in chapters 32-22 to 32-34 , inclusive, shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such us…

No person shall operate any vehicle, including, but not limited to, snowmobiles, motorcycles, and all - terrain vehicles, upon any private land without permission from the owner or lessee of such land. The provisions of this section shall not apply to a vehicle used on a highway …

Superseded. 32-14-10. Repealed by SL 1978, ch 158 , § 28.

It is a petty offense to register in this state a motor vehicle, except motorcycles, manufactured on or after July 1, 1953, unless it is equipped with safety glass or safety glazing material in all partitions, doors, windows, windshields, or wind deflectors. The Department of Rev…

Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of at least two hundred feet. A violation of this section is a petty offense. Source: SDC 1939, § 44.0347…

It is a Class 2 misdemeanor, except as otherwise provided in § 32-15-12 , for any vehicle to be equipped with or for any person to use upon a vehicle any siren, or any compression or spark plug whistle, or any exhaust horn, or whistle which does not produce a harmonious sound, or…