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South Dakota Statutes, Title 32

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South Dakota/Statutes

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Title 32, MOTOR VEHICLES

55 chapters · 1,746 sections in this title.

All chapters in Title 321,746 Ch 5, ANNUAL REGISTRATION AND LICENSE PLATES190 Ch 12, DRIVER LICENSES AND PERMITS127 Ch 6B, REGULATION OF VEHICLE DEALERS124 Ch 3, TITLE REGISTRATION, LIENS AND TRANSFERS114 Ch 12A, COMMERCIAL DRIVERS LICENSES AND PERMITS85 Ch 35, FINANCIAL RESPONSIBILITY OF VEHICLE …84 Ch 22, WEIGHT, SIZE AND LOAD RESTRICTIONS73 Ch 3A, TITLE, REGISTRATION AND TAXATION OF …67 Ch 26, RULES OF THE ROAD63 Ch 9, COMMERCIAL MOTOR VEHICLE CERTIFICATES45 Ch 10, INTERSTATE RECIPROCITY AND PROPORTIO…44 Ch 30, STOPPING AND PARKING RESTRICTIONS40 Ch 17, VEHICLE LIGHTS AND FLARES39 Ch 23, DRIVING UNDER THE INFLUENCE39

1,746 sections·Filtered byTitle 32✕

SDCL § 32-32-12 Stop arm signal required
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Any school bus purchased before September 1, 1992, may be equipped with a stop arm signal conforming to the Federal Motor Vehicle Safety Standard 131, School Bus and Pedestrian Safety Devices, 49 C.F.R. Part 571.131. Any new school bus purchased on or after September 1, 1992, sha…
SDCL § 32-32-13 Transportation of persons attending conventions by school buses
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Any school bus meeting the requirements of § 32-32-4 which is owned by a private person or corporation in this state and used to provide transportation services for school children may, when not being used to transport children under the contract, be used for transporting persons…
SDCL § 32-32-14 Head Start buses to be painted school bus yellow
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Notwithstanding the provisions of § 32-32-4 , any bus used to transport children as part of the federal Head Start Program pursuant to 45 C.F.R. 1304, as amended to January 1, 1992, may be painted school bus yellow as defined in § 32-32-3 if the bus is in compliance with the scho…
SDCL § 32-32-16 Deadline for equipping bus with stop arm signal
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Any school bus purchased or in operation before September 1, 1992, shall be equipped with a stop arm signal by September 1, 1999. Any school bus equipped with a stop arm signal shall comply with the provisions of § 32-32-5.2 . Source: SL 1992, ch 230 , § 5.

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SDCL § 32-32-17 External video system--Recordings discoverable, admissible--System installation

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If any school bus, as defined in § 32-32-1 , is transporting students enrolled in a school district in this state and is equipped with an external video system capable of recording traffic activity around the bus, any recording from that video system is discoverable and may be en…

SDCL § 32-32-2 Marking of school bus--When markings to be concealed--Violation as petty offense

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Every school bus owned or operated by or for a school or school district shall bear upon the front and rear thereof plainly visible signs containing the words, school bus, in letters not less than eight inches in height. When any such vehicle is being operated upon a highway for …

SDCL § 32-32-3 Color of school bus--Exception--Violation as petty offense

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The color of every vehicle which transports ten or more students and is owned or operated by or for a school or school district used for transportation of school children shall be national school bus yellow in color, in accordance with the rules of the South Dakota Board of Educa…

SDCL § 32-32-4 Use of color for other vehicles prohibited--Repainting of buses formerly used--Violation as petty offense

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No person, persons, or organizations may use the color reserved for school buses as provided in § 32-32-3 in connection with the operation of any other vehicle or vehicles, whether school bus or not, for purposes not connected with or incident to the transportation of school chil…

SDCL § 32-32-5 Flashing red and amber lights required--Exception--Removal from buses formerly used

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Any school bus with a capacity for ten or more students, used to transport children to and from a public or nonpublic school, shall be equipped on the front and rear with alternately flashing amber caution lights and alternately flashing red signal lights. However, this section d…

SDCL § 32-32-5.1 Buses covered by lighting requirements--Deadline for meeting requirements

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The lighting requirements provided by § 32-32-5 shall apply to all school buses, regardless of the date of manufacture of said bus, purchased after July 1, 1974, and all school buses covered by the provisions of this chapter shall meet such requirements by July 1, 1979. Source: S…

SDCL § 32-32-5.2 Use of red and amber lights by school bus operator--Violation as misdemeanor

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When stopping to receive or discharge pupils, the operator of a school bus to which § 32-32-5 applies shall cause the amber caution lights to be lighted at a distance of not less than three hundred feet nor more than five hundred feet from the point where the pupils are to be rec…

SDCL § 32-32-6 Amber or red signal--Motorist duty to slow or stop--Exception--Penalty

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The operator of a motor vehicle on a highway that has less than two lanes of travel in each direction, or on a private road, when approaching a school bus that has its amber warning lights flashing, shall reduce the speed of the vehicle to fifteen miles per hour or less and proce…

SDCL § 32-32-7 Highways with separate roadways--Buses stopped in loading zones

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The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a vehicle used and designated as a school bus which is on a different roadway or when upon a limited or controlled - access highway and the school bus is stopped in a loading zone …

SDCL § 32-32-9 Civil penalty against vehicle failing to stop for school bus

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Any motor vehicle which is used in a violation of § 32-32-6 in circumstances where the driver of the vehicle is unknown shall be subject to a civil penalty of two hundred fifty dollars. Source: SL 1979, ch 228 , § 1.

SDCL § 32-33-1 Power of local authorities to enforce laws--Arrest of violators without warrant--Impounding offending vehicles

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The county highway superintendent of each organized county shall have authority to act in the capacity of a peace officer within the boundaries of the county in which he holds office, for the purpose of enforcement of all license and loading laws and traffic regulations governing…

SDCL § 32-33-1.1 Arrest or summons on probable cause at accident scene

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A law enforcement officer arriving at the scene of a traffic accident may, based on probable cause, arrest or issue a summons to any person believed to have caused the accident by violating a criminal provision of this title. Any person assigned by a law enforcement agency to inv…

SDCL § 32-33-10 Establishment of temporary roadblocks

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The duly elected or appointed law enforcement officers of this state, and their deputies, are hereby authorized to establish, in their respective jurisdictions, or in other jurisdictions within the state, temporary roadblocks on the highways of this state for the purpose of ident…

SDCL § 32-33-11 Definition of temporary roadblock

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For the purpose of §§ 32-33-10 to 32-33-14 , inclusive, a temporary roadblock means any structure, device, or means used by the duly elected or appointed law enforcement officers of this state, and their deputies, for the purpose of controlling all traffic through a point on the …

SDCL § 32-33-12 Requirements for establishing temporary roadblock--Warning signals

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For the purpose of warning and protecting the traveling public, the minimum requirements to be met by officers establishing temporary roadblocks, if time and circumstances allow are: (1) The temporary roadblock must be established at a point on the highway clearly visible at a di…

SDCL § 32-33-13 Traveling through roadblock--Misdemeanor

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Any person who shall proceed or travel through a roadblock without subjecting himself to the traffic control so established shall be guilty of a Class 1 misdemeanor. Source: SL 1961, ch 149 , § 5; SL 1977, ch 189 , § 116.

SDCL § 32-33-14 Existing law enforcement authority unaffected

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Nothing in §§ 32-33-10 to 32-33-13 , inclusive, shall be deemed to limit, or encroach upon, the existing authority of South Dakota Law Enforcement Officers in the performance of their duties involving traffic control. Source: SL 1961, ch 149 , § 4.

SDCL § 32-33-14.1 Agent or employee of Department of Transportation authorized to act in capacity of law enforcement officer to enforce speed limits in areas of highway construction

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An agent or employee of the Department of Transportation authorized by the secretary of transportation may, after receiving appropriate training, act in the capacity of a law enforcement officer within the state for the sole purpose of enforcing speed limits in areas of highway c…

SDCL § 32-33-15 Power of local authorities to enforce law pertaining to motor carriers

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The county highway superintendent of each organized county, and the boards of county commissioners in organized counties are empowered to act in their capacity as peace officers within the boundaries of their respective counties to enforce all laws and traffic regulations and the…

SDCL § 32-33-16 Impounding of nonconforming vehicles--Penalties for failure to comply

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Whenever a criminal prosecution is instituted by the Division of Highway Patrol, or any of its agents, patrolmen, or employees, and it appears to the court in which such prosecution is instituted or maintained that any vehicle has been operated which does not conform to the provi…

SDCL § 32-33-17 Failure to stop at state weighing station--Penalty--Exception

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The driver of any single or combination vehicle weighing in excess of ten thousand pounds gross vehicle weight, who fails to stop at or who knowingly passes or bypasses any state weighing station, upon any public highway, when the station is open and being operated by law enforce…

SDCL § 32-33-18 Failure to stop at the signal of law enforcement officer as misdemeanor

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Any driver of a vehicle who intentionally fails or refuses to bring a vehicle to a stop, when given visual or audible signal to bring the vehicle to a stop, is guilty of failure to stop at the signal of a law enforcement officer. The signal given by the law enforcement officer ma…

SDCL § 32-33-18.1 Eluding law enforcement officer--Misdemeanor--License revocation

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Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from the law enforcement officer or attempts to elude the pursuit of the law enforcement officer is guilty of third degree eluding. Third degree eluding is a Class 1…

SDCL § 32-33-18.2 Second degree eluding--Felony--License revocation

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Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of second degree eluding if, at any time during the flight or …

SDCL § 32-33-18.3 First degree eluding--Felony--License revocation

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Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer and does so in a manner that constitutes an inherent risk of death or se…

SDCL § 32-33-2 Procedure on arrest of violator--Issuance of summons--Notice of hearing--Release from custody upon promise to appear--Violation of promise to appear--Misdemeanor--Bond of nonresident

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Except as otherwise specifically provided, whenever a person is arrested for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall take the name and address of the person and the license number of his motor vehicle and driver's licens…

SDCL § 32-33-2.1 Weight violations excepted

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Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with a violation of § 32-22-16 or 32-22-21 . The arresting officer may take the person immediately before the nearest and most accessible magistrate. Source: SL 1983, ch 249 .

SDCL § 32-33-2.2 Bench warrant for defendant failing to appear after promise given--Costs assessed against defendant

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If the defendant has given his promise to appear in court in accordance with § 32-33-2 and does not appear, the court may order or issue a bench warrant for his arrest and may assess costs of such issuance against the defendant in the sum of ten dollars. Source: SL 1987, ch 181 ,…

SDCL § 32-33-20 Unknown driver fleeing from police--Vehicle subject to civil penalty

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If the driver of a motor vehicle used in violation of § 32-33-18 is unknown, the vehicle is subject to a civil penalty of seven hundred dollars. Source: SL 1981, ch 250 , § 1; SL 2019, ch 138 , § 1.

SDCL § 32-33-21 Enforcement of civil penalty--Lien

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The state's attorney for the county in which the violation of § 32-33-18 occurs may commence a civil in rem proceeding against a vehicle used in conjunction with a violation of § 32-33-18 . If it is established by a preponderance of the evidence that the charged vehicle was used …

SDCL § 32-33-22 Exemptions from lien--Superior security interests

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The lien imposed under §§ 32-33-20 to 32-33-22 , inclusive, does not apply to vehicles which at the time of the violation are leased, loaned, or being used without the owner's permission and the lien is subordinate to a perfected security interest or lien registered on the title …

SDCL § 32-33-3 Right to speedy hearing

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Any person arrested for a violation of any provision of this title punishable as a misdemeanor has a right to a hearing within twenty - four hours. Such hearing shall occur at a convenient time and shall be before a magistrate or judge in the county where the arrested person is b…

SDCL § 32-33-4 Accidents resulting in death or injury--Reckless driving--Driving under influence--Felons

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Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person, nor to any person charged with reckless driving, nor to any person charged with driving while under the …

SDCL § 32-33-5 Misfeasance by public officer--Removal from office

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Any officer violating any of the provisions of §§ 32-33-1 to 32-33-4 , inclusive, shall be guilty of misconduct in office and shall be subject to removal from office. Source: SDC 1939, § 44.0502. 32-33-6 32-33-6 to 32-33-8. Repealed by SL 1974, ch 55 , § 50. 32-33-9

SDCL § 32-34-10 Duty of law enforcement officer upon receipt of notice of accident--Report to department

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Each law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall, after receiving notice that an accident described in § 32-34-7 occurred, cause a notice to be affixed in a manner prescribed by the secretary of public safety…

SDCL § 32-34-11 Supplemental reports to department

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The secretary of public safety may require drivers involved in accidents or peace officers to file supplemental reports of the accidents upon forms furnished by the Department of Public Safety whenever the original report is insufficient in the opinion of the secretary. Source: S…

SDCL § 32-34-12 Adoption of uniform report form

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The secretary of public safety shall have authority to adopt and provide a uniform accident report form to be used in the making of accident reports and shall adopt and provide a uniform notice as required by § 32-34-10 . Source: SDC 1939, § 44.0331 as added by SL 1955, ch 172 ; …

SDCL § 32-34-13 Accident reports not privileged--Fees for locating and furnishing reports

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Reports pursuant to §§ 32-34-7 to 32-34-12 , inclusive, and the information contained in such reports is not privileged and may not be held confidential. The secretary of public safety shall collect four dollars for each request to locate a report on file. The secretary shall fur…

SDCL § 32-34-13.1 Fees of local law enforcement personnel for furnishing copies of accident reports

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County or municipal law enforcement personnel may collect four dollars for each copy of an accident report furnished to any person by their office. Accident reports furnished to the Department of Public Safety pursuant to § 32-34-10 shall be provided at no cost to the state. For …

SDCL § 32-34-23 Repair of vehicle with reportable damage prohibited unless required notice affixed--Violation as misdemeanor

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The person in charge of any garage or repair shop shall not commence repair on any motor vehicle which shows evidence of having been involved in a reportable accident or struck by any bullet unless the vehicle bears the notice provided for in § 32-34-10 . Any person violating the…

SDCL § 32-34-3 Duty of vehicle operator to stop in case of accident--Information given--Aid to injured persons

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The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck…

SDCL § 32-34-3.1 Immediate report to police authority when persons entitled to receive information are disabled--Violation as misdemeanor

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If none of the persons specified in § 32-34-3 are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of any vehicle involved in such accident, after fulfilling all other requirements of § 32-34-3 , insof…

SDCL § 32-34-4 Duty to stop after accident with unattended vehicle or property--Leaving information--Report to police--Violation as misdemeanor

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The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or ow…

SDCL § 32-34-5 Hit and run accident resulting in death or injury as felony

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Any driver of any vehicle involved in an accident resulting in injury or death to any person, who fails immediately to stop such vehicle at the scene of such accident and comply with the provisions of § 32-34-3 is guilty of a Class 6 felony, and the Department of Revenue shall re…

SDCL § 32-34-6 Information furnished by driver involved in property damage accident--Failure as misdemeanor

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Any driver of any vehicle involved in an accident resulting in damage to property shall stop his vehicle at the scene of the accident and immediately give his name and address, and the name and address of the owner of the vehicle. If the damage is to another motor vehicle and the…

SDCL § 32-34-7 Duty to give immediate notice of accident to law enforcement officer--Violation as misdemeanor

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The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickes…