Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-20-6.2 Position of motorcyclist--Violation as misdemeanor
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No person may ride upon a motorcycle unless sitting astride the motorcycle seat and facing forward. No person may operate a motorcycle unless he has at least one hand on the handlebars at all times while the motorcycle is in motion. A violation of this section is a Class 2 misdem…
SDCL § 32-20-6.3 Carrying package on motorcycle--Restrictions--Violation as misdemeanor
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No person may operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 176 , § 1, § 3; SL 1989, ch 255 , § 96.
SDCL § 32-20-6.4 Rider interfering with control or view of operator--Violation as misdemeanor
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No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 176 , § 1, § 4; SL 1989, ch 255 …
SDCL § 32-20-6.5 Attachment to other vehicles prohibited--Violation as misdemeanor
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No person riding upon a motorcycle may attach himself or the motorcycle to any other vehicle on a roadway. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 176 , § 1, § 10; SL 1989, ch 255 , § 98.
SDCL § 32-20-6.6 Repealed
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Source: SL 1972, ch 178 ; SL 1989, ch 255 , § 99; SL 1996, ch 203 ; SL 1999, ch 160 , § 1; SL 2003, ch 224 , § 2; SL 2019, ch 134 , § 2; SL 2020, ch 121 , § 1.
SDCL § 32-20-7 Renting motorcycle to unauthorized person--Violation as petty offense
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No dealer nor person renting or loaning motorcycles may loan or rent a motorcycle unless a valid license or permit is shown such dealer by the renter or loanee and possesses the safety equipment required of the operator of such motorcycle. A violation of this section is a petty o…
SDCL § 32-20-8 Permitting other person to operate rented motorcycle--Violation as petty offense
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No renter or loanee as provided in § 32-20-7 may permit any other person to operate such motorcycle. A violation of this section is a petty offense. Source: SL 1967, ch 215 , § 8; SL 1989, ch 255 , § 108.
SDCL § 32-20-9 Operation of motorcycle in park or recreation areas as petty offense
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It is a petty offense to operate a motorcycle in any municipal, county, or state park or recreation area except upon the normally traveled roads or roadways, or in specifically designated areas. Source: SL 1967, ch 215 , § 9; SL 1989, ch 255 , § 109.
SDCL § 32-20-9.1 Motorcycle entitled to full traffic lane--Violation as misdemeanor
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All motorcycles are entitled to full use of a lane and no motor vehicle may be driven in such manner as to deprive any motorcycle of the full use of a lane. This section does not apply to motorcycles operated two abreast in a single lane. A violation of this section is a Class 2 …
SDCL § 32-20-9.2 Motorcycle prohibited from overtaking in same lane--Violation as misdemeanor
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The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken. This section does not apply to motorcycles being operated two abreast in the same lane, or a motorcycle and a bicycle being operated two abreast in the same lane. A vi…
SDCL § 32-20-9.3 Motorcycle operation between lanes prohibited--Violation as misdemeanor
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No person may operate a motorcycle between adjacent lanes of traffic, or between adjacent lines or rows of vehicles. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 176 , § 1, § 7; SL 1989, ch 255 , § 102.
SDCL § 32-20-9.4 Policemen exempt from restrictions on use of lanes
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Sections 32-20-9.2 and 32-20-9.3 shall not apply to police officers in the performance of their official duties. Source: SL 1970, ch 176 , § 1, § 9.
SDCL § 32-20-9.5 Restriction to two abreast--Violation as misdemeanor
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No person may operate a motorcycle more than two abreast in a single lane. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 176 , § 1, § 8; SL 1989, ch 255 , § 103.
SDCL § 32-20A-1.1 Exception for raceway facility events--Approval required for certain cross - country races--Rules for safety standards and financial responsibility
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The provisions of § 32-20A-2 are not applicable to a person operating a snowmobile in an organized track racing event on a raceway facility. For cross - country races using portions of highways, the sponsoring organization shall obtain the approval of the Department of Public Saf…
SDCL § 32-20A-10 Lights required during darkness--Violation as misdemeanor
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Any snowmobile on a highway, operated during hours of darkness, shall display a lighted headlamp and tail lamp in accordance with chapter 32-17 as may have been approved by the Department of Public Safety at least equivalent to that required for motorcycles. A violation of this s…
SDCL § 32-20A-11 Repealed
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Source: SL 1971, ch 182 , § 9; SL 1989, ch 255 , § 114; SL 2011, ch 145 , § 1; SL 2013, ch 147 , § 1; SL 2019, ch 134 , § 1; SL 2020, ch 121 , § 2.
SDCL § 32-20A-12 Hunting from snowmobile prohibited--Coyote hunting excepted--Penalty
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An individual may not chase, drive, harass, kill, or attempt to kill any game animal or game bird, with or from a snowmobile. Notwithstanding the prohibition of this section, an individual may use a snowmobile in the taking of a coyote if: (1) The individual is on property that t…
SDCL § 32-20A-13 Repealed by SL 1989, ch 255 , § 110
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32-20A-14 Operating under the influence. 32-20A-15 Application of excise tax registration and licensing laws--License required--Registration and titling of snowmobiles--Violation as misdemeanor. 32-20A-15.1 Temporary permits. 32-20A-16 Enforcement by law enforcement officers--Pro…
SDCL § 32-20A-14 Operating under the influence
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The operator of a snowmobile shall be deemed the driver or operator of a motor vehicle within the meaning of chapter 32-23 and is subject to all the provisions of chapter 32-23 relating to driving while under the influence of intoxicating liquor, drugs, or otherwise therein provi…
Application of excise tax registration and licensing laws--License required--Registration and titling of snowmobiles--Violation as misdemeanor
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The title issuance, excise tax, vehicle registration, and dealer licensing provisions of chapters 32-3 to 32-6B , inclusive, apply to snowmobiles. In addition, all snowmobiles used on public lands, private lands, and any frozen public waters within the territorial limits of this …
SDCL § 32-20A-16 Enforcement by law enforcement officers--Prosecution by state's attorneys
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This chapter shall be enforced by all law enforcement officers including conservation officers, notwithstanding the provisions of § 41-15-10.1 , whether employed by the state or by any unit of local government. Prosecutions for violation of this chapter shall be conducted by the …
SDCL § 32-20A-17 Repealed by SL 1991, ch 257 , § 2
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32-20A-18 Identification of snowmobile and operator involved in accident--Violation as misdemeanor. 32-20A-19 Notice of certain accidents to department--Investigation--Violation as misdemeanor. 32-20A-20 Incapacitated persons exempted from notice requirements. 32-20A-21 Assumptio…
SDCL § 32-20A-18 Identification of snowmobile and operator involved in accident--Violation as misdemeanor
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The operator of any snowmobile on public lands, frozen public waters, or any private lands leased for public snowmobile use involved in a collision, accident, or other casualty, shall give his name, address, and identification of his snowmobile in writing to any person injured an…
SDCL § 32-20A-19 Notice of certain accidents to department--Investigation--Violation as misdemeanor
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The operator of a snowmobile on public lands, frozen public waters, or private lands leased for public snowmobile use shall, in the case of a collision or an accident resulting in damage to a snowmobile or other property to an apparent extent of one thousand dollars or more to an…
SDCL § 32-20A-2 Speeding and reckless driving prohibited--Muffler required--Violation as misdemeanor
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No person may operate a snowmobile in the following manner: (1) At a speed that is greater than is reasonable or prudent under the circumstances; (2) In any reckless way so as to endanger the person or property of another; (3) Without a functioning muffler complying with §
SDCL § 32-20A-20 Incapacitated persons exempted from notice requirements
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Notice of the collision or accident is not required from any person who is physically incapable of making such report during the period of such incapacity. Source: SL 1988, ch 260 , § 3; SL 2000, ch 213 , § 3.
SDCL § 32-20A-21 Assumption of risk of injury
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A snowmobiler assumes the risks inherent in the sport of snowmobiling. A snowmobiler is responsible for: (1) Knowing the range of the snowmobiler's own ability to snowmobile any slope, trail, or area and for snowmobiling within the limits of the snowmobiler's ability considering …
SDCL § 32-20A-22 Liability of snowmobile equipment renters--Gross negligence
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Except as provided in § 32-20A-23 , a person who offers snowmobile equipment for rent is liable for death or injury to the operator thereof or other person or property only for an act or omission that constitutes gross negligence. Source: SL 1994, ch 259 , § 2.
SDCL § 32-20A-23 Safe conditions of rental snowmobiles
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A person who engages in the business of renting snowmobiles to another shall maintain rental snowmobiles in a safe condition. Source: SL 1994, ch 259 , § 3.
SDCL § 32-20A-24 Operation on state snowmobile trail or area--Violation as misdemeanor
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No person may operate a snowmobile on a state snowmobile trail or area established pursuant to the provisions of chapter 41-19 unless the snowmobile has a curb weight of less than fourteen hundred pounds, is driven by track contact with the snow, and is steered by ski contact wit…
SDCL § 32-20A-25 Permit to operate motorcycle as a snowmobile
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Any resident owner who has titled a motorcycle which has been modified to comply with the definition of a snowmobile for use as a snowmobile on a state snowmobile trail or area established pursuant to the provisions of chapter 41-19 may purchase an annual permit valid from Decemb…
SDCL § 32-20A-3 Age restrictions on drivers--Violation as misdemeanor
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There is no age limitation for the operation of a snowmobile. However, no person under the age of fourteen may drive a snowmobile across a roadway as defined in subdivision 32-14-1(27) of a highway as defined in subdivisions 31-1-5(1) to (4), inclusive, except under the immediate…
SDCL § 32-20A-4 Restriction of use on state highways--Violation as misdemeanor
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The Department of Transportation may restrict or prohibit the use of snowmobiles on highways as defined in subdivision 31-1-5(1) under its jurisdiction upon its conspicuously posting of such highway or portion thereof by signs adopted by the transportation commission. A violation…
SDCL § 32-20A-5 Restriction of use on interstate highways and railroads--Violation as misdemeanor
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No snowmobile may be operated upon or across an interstate highway, except that it may cross in the ditch of an underpass or on the extreme right of an overpass. No snowmobile may be operated, other than by a law enforcement officer or a railroad employee in the lawful discharge …
SDCL § 32-20A-6 Operation in ditch permitted--Crossing of roadways restricted--Violation as misdemeanor
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A duly registered and licensed snowmobile may be operated in the right - hand or left - hand ditch on state designated snowmobile trails, and in the right - hand ditch outside the roadway of other than interstate highways, but not upon or across any highway except as provided by …
SDCL § 32-20A-7 Conditions permitting operation on roadways--Unauthorized operation as misdemeanor
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A snowmobile may be operated upon or across a roadway: (1) To cross at right angles to the roadway only after stopping and yielding the right - of - way to all approaching traffic and crossing as closely as possible to an intersection or approach; (2) When there is no ditch along…
SDCL § 32-20A-8 Permit to operate on closed or posted roadway
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A permit authorized under subdivision 32-20A-7(4) may be issued to persons, or associations or clubs formed by owners of snowmobiles, to be operated upon roadways which are closed to travel by other motor vehicles or which during the hours of use by snowmobiles will be adequately…
SDCL § 32-20A-9 Restrictions on use within municipality
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Nothing contained in §§ 32-20A-4 to 32-20A-7 , inclusive, shall grant to the operator of a snowmobile any rights or privileges to operate within the corporate limits of a municipality, and nothing in this chapter shall prohibit the municipality from regulating by ordinance the op…
SDCL § 32-20B-1 Identifying number required on bicycle sold at retail--Violation as misdemeanor
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A person engaged in the business of selling bicycles at retail may not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame. A violation of this section is a Class 2 misdemeanor. Source: SL 1982, ch 226 , § 7.
SDCL § 32-20B-10 Label to be affixed to electric bicycle by manufacturer or distributor--Modification--Violation as misdemeanor
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Beginning January 1, 2020, any person who manufacturers or distributes an electric bicycle in this state shall permanently affix to the electric bicycle a label that contains the following information: (1) The designated class of the electric bicycle; (2) The maximum assisted spe…
SDCL § 32-20B-11 Electric bicycle equipment requirements
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An electric bicycle shall be equipped so that the electric motor is disengaged or ceases to function when the person stops pedaling or when the brakes are applied. Source: SL 2019, ch 135 , § 3.
SDCL § 32-20B-12 Designated areas of operation of electric bicycles
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Unless otherwise prohibited by a governmental entity having jurisdiction, a person may operate a Class I or Class II electric bicycle on any bicycle path or multi-use path in this state. A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in …
SDCL § 32-20B-13 Age restrictions for Class III electric bicycle
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To operate a Class III electric bicycle in this state, a person shall be at least sixteen years of age. This section does not prohibit a person younger than sixteen years of age from riding as a passenger on a Class III electric bicycle, if the bicycle is designed to accommodate …
SDCL § 32-20B-14 Helmet requirement for Class III electric bicycle
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Any person who is less than eighteen years of age and operating a Class III electric bicycle and any person who is a passenger on a Class III electric bicycle, regardless of age, shall wear a properly fitted and fastened bicycle helmet. Source: SL 2019, ch 135 , § 6.
SDCL § 32-20B-15 Speedometer requirement for Class III electric bicycle
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Any person operating a Class III electric bicycle shall ensure that the bicycle is equipped with a functioning speedometer. Source: SL 2019, ch 135 , § 7.
SDCL § 32-20B-2 Operation on sidewalk or crosswalk--Rights of bicyclist--Duty to stop
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A person operating a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances, except as provided in § 32-20B-3 , and except that bicyclists must stop before ent…
SDCL § 32-20B-3 Operation on sidewalk or crosswalk--Duty to yield right - of - way to pedestrian--Violation as misdemeanor
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A person operating a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right - of - way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian. A violation of this section is a Class 2 misdeme…
SDCL § 32-20B-4 Parking on sidewalk--Violation as petty offense
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A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or ordinance. The parked bicycle may not impede the normal and reasonable movement of pedestrian or other traffic. A violation of this section is a petty offense. Sourc…
SDCL § 32-20B-5 Operation on roadway--Riding close to right - hand curb required--Violation as misdemeanor
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Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right - hand curb or edge of the roadway. However, a person operating a bicycle may move f…
SDCL § 32-20B-6 Turning, stopping, starting, slowing--Signals and lookout--Overtaking on the right--Violation as misdemeanor
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A person operating a bicycle shall give a continuous signal of intention to turn right or left during the last one hundred feet traveled by the bicycle before turning. The signal shall also be given while the bicycle is stopped waiting to turn. A signal by hand and arm need only …