Title 32 — MOTOR VEHICLES

Where signs or markings are in place to define a no - passing zone as set forth in § 32-26-38 , no driver may, at any time, drive on the left side of the roadway within such no - passing zone or on the left side of any pavement striping designated to mark such no - passing zone t…

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;…

32-26-46 Definitions. 32-26-47 Repealed. 32-26-47.1 Use of mobile electronic device--Prohibitions--Violation as misdemeanor--Exceptions. 32-26-47.2 Social networking sites--Prohibition--Violation as misdemeanor. 32-26-48 Seizure of handheld electronic wireless communication devic…

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…

Source: SL 2014, ch 153 , § 1; SL 2020, ch 124 , § 6.

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…

The driver of any vehicle upon a highway within a business or residence district shall yield the right-of-way to a pedestrian crossing the highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of …

The term, pedestrian, when used in this chapter means any person moving or traveling on foot, including any person wearing roller skates, riding on a skateboard, or riding on an electric personal assistive device. Source: SL 1987, ch 237 ; SL 2002, ch 161 , § 4.

It shall be a Class 2 misdemeanor for any driver of a vehicle to fail to yield the right - of - way to persons engaged in the maintenance, survey, or construction work on any public road, highway, or highway right - of - way whenever the driver is notified of the presence of the …

At intersections where traffic is controlled by traffic control signals or police officers, drivers of vehicles, including those making turns, shall yield the right - of - way to pedestrians crossing or those who have started to cross the roadway on a green or go signal, and in a…

Local authorities in their respective jurisdictions may by ordinance require that at intersections where traffic is controlled by traffic control signals or by police officers, pedestrians shall not cross a roadway against a red or stop signal, and between adjacent intersections …

Every pedestrian crossing a highway within a business or residence district at any point other than a pedestrian crossing, crosswalk, or intersection shall yield the right - of - way to vehicles upon the highway. A violation of this section is a petty offense. Source: SDC 1939, §…

Where sidewalks are not provided any pedestrian walking along or upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. A violation of this section is a petty offense. Source…

It is a petty offense for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red. Source: SL 1949, ch 176 ,…

Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersecti…

Nothing contained in § 32-27-6 or 32-27-7 shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossin…

[Repealed or reserved.]

Source: SL 1963, ch 274 , § 1; SL 1989, ch 255 , § 192.

Whenever traffic is controlled by traffic control signals exhibiting the words go, caution, or stop, or exhibiting different colored lights successively one at a time, or with arrows, only the colors mentioned in §§ 32-28-2 to 32-28-5 , inclusive, shall be used and said terms and…

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, and subject to the exceptions granted the driver of …

No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Source: SL 1…

Whenever a particular section of this chapter does not state that signs are required, such section shall be effective even though no signs are erected or in place. Source: SL 1963, ch 274 , § 1.

Nothing in this chapter 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 light control. Source: SL 1963, ch 274 , § 7. 32-28-14. Repealed by SL 1989, ch 255 , § 188.

32-28-15 Disruption or interference with traffic signal preemption system as misdemeanor. 32-28-16 Exceptions to application of the provisions of §

32-28-18 Photo monitoring device defined. 32-28-19 General law of state. 32-28-20 Definitions regarding limitations on interstate compacts relating to red light and speed cameras. 32-28-21 Prohibition on interstate compacts to provide information to impose or collect civil fine f…

Exceptions to application of the provisions of §

No state, county, municipal, or township authority may contract with any private corporation to provide for the use of any photo monitoring device to detect any red light violation. Source: SL 2014, ch 154 , § 1.

For the purposes of § 32-28-17 , the term, photo monitoring device, means a stationary, unmanned device used with a lighted traffic control device to detect a red light violation combined with a photographic identification of the vehicle which results in the issuance of a citatio…

Sections 32-28-17 and 32-28-18 constitute a general law of the state within the meaning of S.D. Const., Article IX, § 2. Source: SL 2014, ch 154 , § 3.

A green light alone or "go" shall indicate that: (1) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the rig…