Title 32, MOTOR VEHICLES

The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 32-24-4 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of his second part. There sh…

On a finding of guilty on the first part of the information described in § 32-24-4 , a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information shall …

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amountin…

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university in such a manner that creates or causes unnecessary engine noise, tire squeal, skid, or slide upon acceleration or s…

Except as provided by § 32-25-4 or pursuant to § 32-25-7 , no person may drive a vehicle upon a street or highway at a speed in excess of sixty - five miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SL 1941, ch 187 , § 2; SL 1959, ch 251 , § 1; SDC S…

The transportation commission may change the speed limit or the extent of any limited speed zone established under § 32-25-7 at any time it may deem necessary. Source: SL 1941, ch 187 , § 1; SL 1955, ch 168 ; SL 1959, ch 251 , § 1; SDC Supp 1960, § 44.0303 (5); SL 1985, ch 259 , …

In urban areas which are not zoned or posted as provided in § 32-25-7 , the maximum lawful speed shall be twenty - five miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0303 (5) to (7); SL 1941, ch 187 , § 1; SL 1955, ch 168 ; SL 1959, …

When approaching within fifty feet of a grade crossing of any railway when the driver's view is obstructed, the maximum speed shall be fifteen miles per hour. A driver's view is obstructed if at any time during the last two hundred feet of his approach to such crossing he does no…

When passing a school during a school recess or while children are going to or leaving school during the opening or closing hours, the maximum lawful speed shall be fifteen miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0303 (2); SL 1…

Municipalities and counties may establish posted school zones to regulate the traffic in the proximity of a school area. All traffic control devices used in school zones shall conform to a manual on traffic control for school areas adopted by the Department of Transportation. The…

When approaching within fifty feet of and when traversing an intersection of highways when the driver's view is obstructed the maximum lawful speed shall be fifteen miles per hour. A driver's view is obstructed if at any time during the last fifty feet of his approach to such int…

It is a Class 2 misdemeanor to exceed any of the speed limitations contained in §§ 32-25-12 to 32-25-15 , inclusive. However, local authorities, in their respective jurisdictions, may increase the speed limits on through highways if vehicles are, by ordinance of such local author…

Local authorities shall place and maintain upon all through highways under their jurisdiction upon which the permissible speed is increased adequate signs giving notice of such special regulations. Local authorities shall also place and maintain upon each and every highway under …

The transportation commission upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway, or viaduct, and if it finds that such structure cannot with safety to itself withstand vehicles traveling at the s…

No person may drive any vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure when such structure is signposted as provided in § 32-25…

Notwithstanding § 32-25-7 or chapter 1-26 , if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree the limited speed zones are necessary for the protection of life and property, the secretary of tra…

In every prosecution for violation of any of §§ 32-25-1.1 to 32-25-17 , inclusive, the complaint, and also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, and also the speed which such section declares shall be lawful at …

Upon a fourth or subsequent conviction of any person for driving a motor truck or trailer at a speed in excess of the limitations fixed by §§ 32-25-1.1 to 32-25-17 , inclusive, the court in which such conviction is obtained may, as a part of the judgment, cancel and require the s…

No provision of this chapter is applicable to a person driving or operating a snowmobile in a snowmobile race sponsored by a nonprofit organization duly organized under the laws of this state, provided such sponsoring nonprofit organization obtains the approval of the Department …

No low-speed vehicle may be operated on any highway where the speed limit is more than thirty-five miles per hour. Nothing in this section prevents a local government from adopting more stringent local ordinances governing low-speed vehicle operation. Source: SL 2008, ch 147 , § …

The speed limit is increased by ten miles per hour over the posted speed limit, if a person is driving a vehicle that is: (1) On a two-lane highway that has one lane for each direction of travel; (2) On a highway with a posted speed limit that is equal to or exceeds sixty-five mi…

It is a Class 2 misdemeanor for any person to drive a motor vehicle on a highway located in this state at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or provided by the Transportation Comm…

Except as provided pursuant to § 32-25-7 , no person may drive a vehicle upon the national system of interstate highways at a speed in excess of eighty miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SDC Supp 1960, § 44.0303 (7) as added by SL 1963, …

It is a Class 2 misdemeanor at any time for a person to drive or operate a motor vehicle upon the national system of interstate highways at a speed less than forty miles per hour unless the vehicle is operated pursuant to a permit, issued by the Department of Public Safety. This …

No person may drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 ,…

If the transportation commission within its respective jurisdiction determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission may adopt rules sett…

The transportation commission may adopt rules setting the maximum speed at which it shall be lawful for any motor vehicle, trailer, or wagon to be driven upon the public highways of this state, the gross weight of which, including the load, is more than ten thousand pounds, or an…

No person may drive a vehicle which is towing a manufactured home or mobile home of a width in excess of one hundred two inches at a speed greater than fifty - five miles per hour upon the interstate highway system or greater than forty - five miles per hour upon any other highwa…

No person may drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 , § 14, § 4; SL 1989, ch 255 , § 130.

The Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26 , a maximum speed limit of less than that established by §§ 32-25-1.1 and 32-25-4 upon any highway or portion of highway under the jurisdiction of the Department of Transportation, and any …

Notwithstanding the provisions of § 32-25-1.1 , the Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26 , a maximum speed limit of seventy miles per hour upon any divided four-lane highway in a rural area on the state trunk highway system. The s…

Any board of county commissioners may determine and establish speed zones upon all or any part of the highways under its jurisdiction and upon streets and highways on the request of and after any other local authority, including any road district, having charge of the maintenance…

No person may drive a vehicle on a township road in excess of fifty-five miles per hour. However, notwithstanding the provisions of § 32-25-9.1 , any board of township supervisors may determine and establish speed zones upon all or any highways under its jurisdiction. The townshi…

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…

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.

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…

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.

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

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…

The driver of a vehicle upon a highway shall yield the right-of-way to police and fire department vehicles and ambulances if they are operated upon official business and the drivers give an audible signal by bell, siren, or exhaust whistle or visual signal by flashing, oscillatin…

A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0318; SL 1945, ch 188 ; SL 1989, ch 255 , § 150.

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 …

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 …

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 32-26-18 . A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet…

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 …

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…