Title 32, MOTOR VEHICLES

An electric personal assistive device is exempt from the provisions of chapters 32-3 , 32-5 , 32-5A , 32-5B , 32-6B , 32-15 , 32-17 , 32-18 , 32-20 , 32-37 , and 37-5 . Source: SL 2002, ch 161 , § 3.

For the purposes of §§ 32-26-21.1 to 32-26-21.6 , inclusive, the term, motorized foot scooter, means a wheeled conveyance, with handlebars, designed to be stood or sat upon by the operator, and powered by an electric motor that is capable of propelling the device with or without …

A motorized foot scooter is exempt from the provisions of chapters 32-3 , 32-5 , 32-5 A, 32-5 B, 32-6B , 32-14 , 32-15 , 32-20 , 32-3 5, 32-3 7, and 37-5 . Source: SL 2021, ch 137 , § 3; SL 2022, ch 101 , § 3, eff. Mar. 16, 2022.

Notwithstanding the provisions of § 32-25-27 , a municipality may adopt, by ordinance, traffic regulations permitting the use of a motorized foot scooter on any street, bike path, or multi-use path within its platted boundaries. Source: SL 2022, ch 101 , § 1, eff. Mar. 16, 2022.

The driver of any vehicle upon a highway before starting, stopping, or turning from a direct line shall first see that such movement can be made in safety and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever…

No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in § 32-26-23 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. The signal provided in § 32-26-23 sha…

The signal required in § 32-26-22 shall be given either by means of the hand and arm in the manner specified in § 32-26-24 , or by an approved mechanical or electrical signal device. However, if a vehicle is so constructed or loaded as to prevent the hand and arm signal from bein…

If the signal required by §§ 32-26-22 and 32-26-23 is given by means of the hand and arm, the driver shall indicate his intention to start, stop, or turn by extending the hand and arm from the left side of the vehicle in the following manner and such signals shall indicate as fol…

No vehicle, within a no - passing zone that is designated and marked in accord with § 32-26-38 , may be turned so as to proceed in the opposite direction, nor may any such turning movement be otherwise made unless it can be made in safety and without interfering with other traffi…

The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof. The driver of an overtaking vehicle shall pass at a safe distance to the side of an overtaken vehicle and may not cut in front of the latter un…

The driver of any motor vehicle overtaking a bicycle proceeding in the same direction shall allow a minimum of a three foot separation between the right side of the driver's vehicle, including any mirror or other projection, and the left side of the bicycle if the posted limit is…

The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a street or highway with unobstructed pavement, not occupied by parked vehicles…

The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event may such movement be made by driving off the pavement or main traveled portion of the roadway. A violation of this section is a Class…

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one - half of the main - traveled portion of the roadway as nearly as possible. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44…

The driver of a vehicle within a business or residence district may not deviate from his direct line of travel without ascertaining that such movement can be made with safety to other vehicles approaching from the rear and about to overtake and pass such first mentioned vehicle. …

Unless overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and may not increase the speed of his veh…

No driver of a vehicle may drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such ove…

No person may drive any vehicle on the left side of the roadway when approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard if another vehicle is approaching from the opposite direction. …

No vehicle may be driven on the left side of the roadway when approaching within one hundred feet of or traversing any intersection or railroad grade crossing or when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. A violation of…

The limitations of §§ 32-26-35 and 32-26-36 shall not apply upon a one - way roadway, nor to the driver of a vehicle turning left into or from an alley, private road, or driveway. Source: SL 1970, ch 175 , § 19.

The driver of a vehicle may not overtake and pass any other vehicle proceeding in the same direction when traveling in a no - passing zone on highways or bridges when either marked by signs or lines on the roadways. A violation of this section is a Class 2 misdemeanor. Source: SD…

The Department of Transportation may determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. If…

Source: SDC 1939, § 44.0309; SL 1989, ch 255 , § 141.

The driver of a motor vehicle traversing defiles, canyons, or mountain highways shall hold such motor vehicle under control and as near the right - hand side of the highway as reasonably possible. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0327; …

The driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and condition of the highway. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § …

The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residence district, and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficien…

Any motor vehicle being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any ot…

No person may drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of…

No passenger in a vehicle may ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 , § 31, § 13;…

Terms used in §§ 32-26-47.1, 32-26-47.2, and 32-26-48 mean: (1) "Operate," to drive or assume physical control of a motor vehicle upon a highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. The term does n…

No person may operate a motor vehicle while using a mobile electronic device. A violation of this section is a Class 2 misdemeanor. This section does not apply to: (1) A law enforcement officer, firefighter, emergency medical technician, paramedic, operator of an authorized emerg…

No person may access, read, or post to a social networking site while operating a motor vehicle. A violation of this section is a Class 2 misdemeanor. Source: SL 2020, ch 124 , § 3.

No mobile electronic device used in violation of § 32-26-47.1 or 32-26-47.2 may be seized by a law enforcement officer to establish a violation of either of those sections. However, a mobile electronic device may be seized upon compliance with the search and seizure requirements …

The Department of Public Safety shall expend lawfully appropriated funds to develop and communicate a distracted drivers public awareness campaign. Source: SL 2014, ch 153 , § 3.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the rules set forth in §§ 32-26-6 to 32-26-10 , inclusive, shall apply in addition to all others consistent therewith. Source: SL 1961, ch 150 , § 1.

The Transportation Commission shall promulgate rules, pursuant to chapter 1-26 , to authorize the testing and operation of groups of individual motor vehicles traveling in a unified manner at electronically coordinated speeds and distance intervals that are closer than otherwise …

Terms used in §§ 32-26-51 through 32-26-56 mean: (1) "Funeral escort vehicle," an authorized emergency vehicle operating with visible flashing or strobing emergency lights; (2) "Funeral lead vehicle," any motor vehicle including a funeral hearse that is carrying the remains of a …

Notwithstanding any traffic-control device or provision governing the right-of-way, a law enforcement officer leading a funeral procession may proceed through any intersection or make any turn or other movement necessary while leading the procession. The officer, without regard t…

Notwithstanding any traffic-control device or provision governing the right-of-way, if a law enforcement officer operating a funeral escort vehicle enters an intersection, the remainder of the vehicles in the funeral procession may follow through the intersection. The driver of e…

Notwithstanding any traffic-control device or provision governing the right-of-way, any motor vehicle in a funeral possession has the right-of-way if the following conditions are met: (1) Each motor vehicle in the funeral procession displays lighted headlamps, tail lamps, and fla…

The following provisions apply to any motor vehicle not in a funeral procession when approaching or being approached by a funeral procession: (1) The operator of a motor vehicle not in a funeral procession may not drive between the vehicles comprising a funeral procession while t…

Liability for any death, personal injury, or property damage suffered by any person in a funeral procession may not be imposed upon a funeral establishment, the director of a funeral establishment, any agent or employee of a funeral establishment, any law enforcement agency or an…

On a roadway divided into lanes, a vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from such lane until the driver has first ascertained that such movement can be made with safety. A violation of this section is a Class 2 misdem…

Upon a roadway which is divided into three lanes, a vehicle may not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of left turn or where such center lane is at the time allocated e…

Official signs may be erected on a roadway divided into lanes directing slow - moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the …

If any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right - hand roadway and no vehicle may be d…