Title 32 — MOTOR VEHICLES

All motor vehicles, trailers, semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by § 32-18-19 or 32-18-21 , shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the e…

Air brake systems installed on trailers manufactured or assembled after July 1, 1967, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. A violation of this sec…

All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0346; SL 1967, ch 197 , …

The Department of Public Safety is authorized to require an inspection of the braking system on any motor - driven cycle and to disapprove any such braking system on a vehicle which it finds will not comply with the performance ability standard set forth in §§ 32-18-8 and 32-18-9…

The Department of Public Safety may refuse to register or may suspend or revoke the registration of any vehicle referred to in § 32-18-27 when it determines that the braking system thereon does not comply with the provisions of §§ 32-18-8 and

The term, hydraulic brake fluid, as used in § 32-18-30 shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. Source: SL 1967, ch 197 , § 5 (a); SL 1974, ch 219 , § 24.

Trailers, semitrailers, or pole trailers of a maximum gross weight not exceeding three thousand pounds, and trailers, semitrailers, or pole trailers of a maximum gross weight not exceeding seven thousand pounds manufactured or assembled prior to July 1, 1974, need not be equipped…

Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public. Source: SL 1967, ch 197 , § 5 (b). 32-18-31, 32-18-32. Repealed by SL 1974, ch 219 , § 24.

Any vehicle being towed in driveaway or towaway operations need not be equipped with brakes acting on all wheels, provided the combination of vehicles is capable of complying with the performance requirements of §§ 32-18-8 and

Any truck and truck tractor having three or more axles need not have brakes on the front wheels if the vehicle was manufactured before July 25, 1980. If any truck and truck tractor having three or more axles is equipped with at least two steerable axles, the wheels of one steerab…

The wheel of a sidecar attached to a motorcycle or to a motor - driven cycle, or the front wheel of a motor - driven cycle need not be equipped with brakes, provided that such motorcycle or motor - driven cycle is capable of complying with the performance requirements of §§ 32-18…

Every vehicle described in § 32-18-1 and combination of vehicles except special mobile equipment which includes vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited …

Every motor vehicle described in § 32-18-1 and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of: (1) Developing a braking force that is not less than the percentage of its gross weight tabulated …

Tests for deceleration and stopping distance under § 32-18-8 shall be made on a substantially level (not to exceed plus or minus one percent grade), dry, smooth, hard surface that is free from loose material. Source: SDC 1939, § 44.0346; SL 1967, ch 197 , § 2.

Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. A violation of this section is a petty offense. Source: SDC 1939, § 44.0344; SL 1989, ch 255 , …

No more slack shall be left in safety chains, cables, or equivalent devices than shall be necessary to permit proper turning and the safety chains, cables, or equivalent device shall be so connected to the towed and towing vehicle and to the drawbar to prevent the drawbar from dr…

Superseded.

No person may operate on the public highways of this state a licensed motor vehicle which has a tire rim or wheel assembly which is bent, cracked, or misaligned to a degree so as to affect the safe operation of the vehicle. The bolts, nuts, or lugs of the wheel assembly shall not…

No person may operate on the public highways of this state a licensed motor vehicle which has a mounted tire having a cut into the fabric, or worn so that the fabric is visible, having knots or bulges in the sidewall or tread, or having a minimum tread depth less than two thirty …

No tire on a vehicle moved on a highway may have on its periphery any block, stud, flange, cleat, or spike, or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire except that it shall be permissible to use …

Notwithstanding any of the provisions of §§ 32-19-2 and 32-22-21 and 32-22-22 , no person may operate during the time period of May first to September thirtieth of each year, upon the highways of this state, a motor vehicle equipped with pneumatic tires in which there are embedde…

Notwithstanding § 32-19-2 , the secretary of transportation may restrict public travel upon the state trunk highway system to four - wheel drive vehicles or motor vehicles equipped with tire chains, studded snow tires, or snow tires having a tread of sufficient abrasive or skid -…

Notwithstanding the provisions of § 32-19-3 , any motor vehicle with pneumatic tires that features an embedded block, stud, flange, cleat, spike, or other protuberance that is retractable may be used at any time of the year upon the highways of this state. However, no such block,…

The Department of Transportation and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of…

No motor vehicle may be driven upon any highway drawing or having attached thereto more than one other vehicle, except that two other motor vehicles may be drawn if transported by the driveaway method in saddlemount, as provided by §§ 32-22-10 and 32-22-11 , or in a combination o…

The drawbar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, shall be of sufficient strength to hold the weight of the towed vehicle on any grade where operated. The towed vehicle shall not whip, weave, or oscillate or fail t…

A farm tractor, or other type of farm power unit, may draw not to exceed two other vehicles or implements of husbandry upon the public highways of this state, if such equipment is being used exclusively by the farmer for the purpose of transporting to and from his farm agricultur…

Every trailer which shall be towed on the public highways at a speed in excess of twenty miles per hour shall be coupled to the towing vehicle by means of a safety chain, chains, cables, or equivalent devices in addition to the regular trailer hitch or coupling. This requirement …

Source: SL 1971, ch 182 , § 12; SL 1989, ch 255 , § 111.

Terms used in this chapter mean: (1) "Department," the Department of Public Safety; (2) "Moped," a motor driven cycle equipped with two or three wheels. If a combustion engine is used, the maximum piston or rotor displacement must be fifty cubic centimeters regardless of the numb…

This chapter shall not apply to vehicles used for special occasions such as display, parade, exhibitions, and similar uses. Source: SL 1967, ch 215 , § 10. 32-20-11. Repealed by SL 1989, ch 255 , § 91.

32-20-12 Off-road vehicles--Operation on certain lands as misdemeanor--Registration--Title certificate. 32-20-12.1 Ordinances prohibiting operation of off-road vehicles in ditches--Exceptions--Regulatory signs. 32-20-13 All-terrain or off-road vehicles--License requirements--Publ…

No person may operate on a public street or highway an off - road vehicle except for crossing from one side of the road to the other. A person twelve years of age or older may operate an off - road vehicle in a highway ditch if the vehicle is operated as close as possible to the …

Notwithstanding the provisions of § 32-20-12 , the Transportation Commission or any board of county commissioners by ordinance may prohibit the operation of off-road vehicles in any highway ditch along any section of highway under its jurisdiction. However, neither the Transporta…

Any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more or any off-road vehicle with two wheels and with a combustion engine having a piston or rotor displacement of one hundred t…

Any revenue derived from the fee imposed by § 32-5-10.1 and appropriated pursuant to § 32-20-15 shall be used to provide motorcycle safety courses and motorcycle safety education approved by the director of the Office of Highway Safety. The director shall promulgate rules pursuan…

Any revenue derived from the fee imposed by § 32-5-10.1 and any other revenue made available to the Department of Public Safety to be used for the purposes of providing motorcycle safety courses and motorcycle safety education shall be budgeted pursuant to chapter 4-7 and appropr…

A motorcycle may display a blue light of up to one - inch diameter as part of the motorcycle's rear brake light. Source: SL 2004, ch 215 , § 1.

Terms used in §§ 32-20-17 through 32-20-20 mean: (1) "Off-road vehicle activity," includes: (a) An off-road vehicle show, competition, performance, parade, hunt, recreational ride, or trail ride; (b) Off-road vehicle training or teaching activities, or both; (c) Riding, inspectin…

For the purposes of §§ 32-20-17 through 32-20-20, engaging in off-road vehicle activity means riding, providing, assisting in driving, or being a passenger on an off-road vehicle. It does not include being a spectator at an off-road vehicle activity unless the spectator is in an …

A participant assumes the risks inherent in engaging in off-road vehicle activity. A participant is responsible for: (1) Knowing the range of the participant's own ability to engage in off-road vehicle activity within the limits of the participant's ability considering the condit…

No person may operate a motorcycle, except a moped as defined in § 32-20-1 , a licensed all-terrain vehicle under § 32-20-13 , or any motor vehicle that has three wheels and is operated with a steering wheel and foot controls on the public streets or highways without a motor vehi…

Any off-road vehicle activity sponsor or off-road vehicle professional who engages in the business of renting off-road vehicles to another shall maintain the rental off-road vehicles in a safe condition. An off-road vehicle activity sponsor or off-road vehicle professional who of…

32-20-4 Protective helmet required for minor--Violation as misdemeanor. 32-20-4.1 Eye protective device or windscreen required--Violation as petty offense. 32-20-4.2 Protective devices not required of riders in enclosed cab. 32-20-5

No person under eighteen years of age may operate or ride upon a motorcycle on the public streets or highways of this state unless the person wears a protective helmet of a type meeting Department of Transportation Motor Vehicle Safety Standard 218 as in effect on January 1, 1984…

No person may operate a motorcycle unless he is wearing an eye protective device or unless the motorcycle is equipped with a windscreen of sufficient height and design so as to provide adequate eye protection to the operator when seated on the motorcycle in the normal operating p…

Section 32-20-4 , requiring helmets, and § 32-20-4.1 shall not apply to persons riding within an enclosed cab. Source: SL 1970, ch 176 , § 3. 32-20-5. Repealed by SL 2008, ch 160 , § 1. 32-20-6. Repealed by SL 1970, ch 176 , § 4.

32-20-6

32-20-6.1 Operator and passengers restricted to permanent and regular seats--Violation as misdemeanor. 32-20-6.2 Position of motorcyclist--Violation as misdemeanor. 32-20-6.3 Carrying package on motorcycle--Restrictions--Violation as misdemeanor. 32-20-6.4 Rider interfering with …

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator may not carry any other person nor may any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a …