Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-28-20 Definitions regarding limitations on interstate compacts relating to red light and speed cameras
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Terms used in §§ 32-28-21 and 32-28-22 mean: (1) "Interstate compact," a voluntary arrangement between two or more states that becomes the law of each state; (2) "Red light camera," an automated camera used to capture an image of a vehicle entering an intersection when the traffi…
SDCL § 32-28-21 Prohibition on interstate compacts to provide information to impose or collect civil fine for violation captured by red light or speed camera
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The Department of Public Safety and the Division of Motor Vehicles shall not enter into any compact to provide to another state, or governmental entity located in another state, information used to impose or collect a civil fine that results from an alleged violation captured by …
SDCL § 32-28-22 Restriction on providing information to impose or collect civil fine for violation captured by red light or speed camera pursuant to interstate compact
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The Department of Public Safety and the Division of Motor Vehicles shall not provide information used to impose or collect a civil fine that results from a violation captured by a red light camera or speed camera through any existing interstate compact that does not specifically …
SDCL § 32-28-3 Meaning of steady yellow light--Vehicular traffic--Pedestrians
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A steady yellow light alone shall indicate that: (1) Vehicular traffic facing the signal is thereby warned that the red or stop signal will be exhibited immediately thereafter and such vehicular traffic shall not enter the intersection when the red or stop signal is exhibited; (2…
SDCL § 32-28-4 Meaning of steady red light or stop signal--Vehicular traffic--Right turn on red
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A steady red light alone or stop shall indicate that: (1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or go is shown alon…
SDCL § 32-28-4.1 Left turn on red--Local option--Violation of restrictions as misdemeanor
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The governing body of a municipality may authorize by ordinance, adopted pursuant to chapter 9-19 , a motor vehicle to make a left - hand turn from an intersection after stopping in obedience to a red or stop signal as defined in §
SDCL § 32-28-5 Meaning of steady red light with green arrow--Vehicular traffic--Pedestrians
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A steady red light with green arrow shall indicate that: (1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right - of - way to pedestrians lawfully within a crosswalk and to other t…
SDCL § 32-28-6 Flashing red or yellow signal--Violation as misdemeanor
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If an illuminated flashing red or yellow signal is used in a traffic sign or signal, vehicular traffic shall obey such signal as provided by §§ 32-28-7 and
SDCL § 32-28-7 Meaning of flashing red signal--Violation as misdemeanor
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If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed is subject to the law…
SDCL § 32-28-8 Meaning of flashing yellow signal--Violation as misdemeanor
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If a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. A violation of this section is a Class 2 misdemeanor. Source: SL 1963, ch 274 , § 3 (2) (a); SL 1989, ch 255 , § 191.
SDCL § 32-28-8.1 Lane direction control signals
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When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. Source: SL 1970, ch 175 , § 23…
SDCL § 32-28-8.2 Procedure when traffic lights malfunctioning
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If a traffic control signal is out of operation or is not functioning properly, the vehicle traffic facing a: (1) Green signal may proceed with caution as indicated in § 32-28-2 ; (2) Yellow signal may proceed with caution as indicated in § 32-28-3 ; and (3) Red or completely unl…
SDCL § 32-28-9 Signals at railway grade crossings
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Sections 32-28-7 and 32-28-8 shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in §
SDCL § 32-28-9.1 Pedestrian control signals--Violation by driver as misdemeanor--Violation by pedestrian as petty offense
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Whenever special pedestrian control signals exhibiting the words, walk or don't walk, or exhibiting a lighted international pedestrian walk or don't walk symbol are in place, the signals indicate the following: (1) Walk or a lighted international pedestrian walk symbol.--Pedestri…
SDCL § 32-29-1 Indication of right - of - way by stop or yield signs
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Preferential right - of - way at an intersection may be indicated by stop signs or yield signs as authorized in §
SDCL § 32-29-11 Location of mandatory brake checks--Failure to stop as misdemeanor
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The transportation commission may, pursuant to chapter 1-26 , adopt rules designating the location of mandatory turnouts where operators of motor vehicles over twenty - six thousand pounds shall stop and check the vehicle brakes. The location of the mandatory turnout shall be con…
Requirements for commercial motor vehicles approaching railroad grade crossing--Violation as misdemeanor
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The driver of any commercial motor vehicle, as defined in subdivision 32-12A-1(5), when approaching a railroad grade crossing shall: (1) If not required to stop pursuant to § 32-29-5 , slow down when approaching a crossing and check that the railroad tracks are clear of an approa…
SDCL § 32-29-2 Stop and yield signs to designate through highways--Visibility at night
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The Department of Transportation with reference to state highways and local authorities with reference to highways under their jurisdiction may designate main traveled or through highways by erecting at the entrances thereto from intersecting highways stop or yield signs. All suc…
SDCL § 32-29-2.1 Action required at stop sign--Place of stopping--Violation as misdemeanor
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Unless directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall come to a full stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the…
SDCL § 32-29-2.2 Stop required before entering from alley, building or private road--Place of stopping--Violation as misdemeanor
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The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driv…
SDCL § 32-29-3 Duty when approaching yield sign--Pedestrians--Violation as misdemeanor--Collision prima facie evidence of failure to yield
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The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary in a similar manner as provided in § 32-29-2.1 , and shall yield the right - of - way to any pedestrian legally …
Stop required at railroad grade crossing when warning given--Violation as misdemeanor
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If any person driving a vehicle approaches a railroad grade crossing and a law enforcement officer or a clearly visible or audible signal gives warning of the immediate approach of a railway train or car or other on-track equipment, the driver shall bring the vehicle to a complet…
SDCL § 32-29-5 Vehicles required to stop at all grade crossings--Shifting gears while crossing--Misdemeanor
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The driver of any motor vehicle carrying passengers for hire, any school bus carrying passengers, any vehicle carrying passengers owned or operated by a nonprofit organization that requires inspection pursuant to § 32-21-3.1 , or any vehicle carrying explosive substances or combu…
SDCL § 32-29-7 Posting of dangerous grade crossings--Stop required of all vehicles--Violation as misdemeanor
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The Department of Transportation and local authorities with the approval of the Transportation Commission may designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. If such signs are erected, the driver of any vehicle shall stop wit…
SDCL § 32-29-8 Construction and low - clearance vehicles required to take special precautions at grade crossings--Violation as misdemeanor
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No person may operate or move any crawler type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one - half inch per foot of the distance between an…
SDCL § 32-29-9 Notice and precautions required of equipment operators making crossings--Warning signal--Flagman--Violation as misdemeanor
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Before making any crossing the person operating or moving any vehicle or equipment described in § 32-29-8 shall give reasonable notice to the station agent of the railroad owning the tracks of the intended crossing to allow the railroad to provide proper protection at the crossin…
The owner of the boat, motor vehicle, off-road vehicle, or snowmobile, is responsible for any costs of removal incurred by the state, any political subdivision of the state, or any removal agency acting on behalf of the state or a political subdivision thereof
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Absent gross negligence or willful and wanton misconduct in removing a boat, motor vehicle, off-road vehicle, or snowmobile, and its cargo, no agent of the Division of Highway Patrol, the Department of Transportation, the Department of Game, Fish and Parks, and no removal agency …
SDCL § 32-30-1 Stopping or parking on rural highway prohibited--Violation as misdemeanor
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No person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main - traveled portion of any highway, outside of a business or residence district, when it is practical to stop, park, or leave such vehicle standing off of th…
SDCL § 32-30-10 Confiscation of license plates upon conviction for violation of special privileges
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Upon conviction of any offense involving a violation of the special privilege conferred by § 32-30-11.1 upon holders of the distinctive license plates issued under subdivision 32-5-157(2), a magistrate or judge trying the case may, as a part of any penalty imposed, confiscate the…
SDCL § 32-30-11 Unauthorized use of disabled veteran's license as misdemeanor--Fine
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Any person, other than the veteran to whom it was issued, who uses a disabled veteran's license of identification issued pursuant to subdivision 32-5-157(2) for the purpose of parking a motor vehicle as permitted by § 32-30-11.1 , commits a Class 2 misdemeanor. The court shall as…
Persons with physical disabilities entitled to park without time limitation--Reserved spaces--Exceptions for fire-lane and rush-hour ordinances
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Any person with a physical disability, who displays special license plates issued under § 32-5-76 or subdivision 32-5-157(2), a serially numbered certificate issued under § 32-5-76.1 or 32-5-76.2 , or a similar license plate or certificate issued in another state on a motor vehic…
SDCL § 32-30-11.2 Report of improper use of special plates or certificates--Revocation of privilege
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If the police of any municipality or any other political subdivision finds that special license plates or certificates are being improperly used, the police shall report such violation to the Department of Revenue which shall revoke the privilege of displaying license plates or c…
SDCL § 32-30-11.3 Use of privileges by persons not entitled to them as misdemeanor--Fines
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Any person who is not a person with a physical disability and who exercises the privileges granted a person with a physical disability under § 32-30-11.1 commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is mark…
SDCL § 32-30-11.4 Unauthorized parking or stopping in designated space as misdemeanor--Fine
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The owner of any vehicle not displaying a serially numbered certificate or special license plate parked or stopped in a parking space, or blocking a parking space, on public or private property designated as reserved for a person with a physical disability commits a Class 2 misde…
SDCL § 32-30-11.6 Municipal designation of parking spaces for persons with disabilities
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Each municipality shall by ordinance, designate special parking spaces which shall be accessible to and usable by persons with physical disabilities. Each municipality may, by ordinance, designate parking spaces that are only for use by a person using a wheelchair. The parking sp…
SDCL § 32-30-11.8 Blocking access to reserved parking spaces or ramps as misdemeanor--Fine
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No owner of a vehicle may park, stop, or stand in an access aisle or lane immediately adjacent to reserved parking spaces or in front of a ramp or curb - cut in such a manner that blocks access to a person with a disability who uses a wheelchair. A violation of this section is a …
SDCL § 32-30-11.9 Signs to state penalties for illegal use of designated parking spaces--Certain penalties apply although not stated
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Each sign designating a parking space for a person with a physical disability shall state the penalty for illegal use of the parking space. This section only applies to a new sign or a sign that replaces an existing sign after July 1, 2002. However, any fine imposed pursuant to §…
SDCL § 32-30-12 Abandoned vehicles--Vehicles unattended for more than twenty - four hours
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If any vehicle is left unattended on any public road, highway, or highway right - of - way of this state, for a longer period than twenty - four hours without notifying the sheriff, highway patrol office of the county, a peace officer of the municipality, or the appropriate munic…
SDCL § 32-30-12.1 Modification by municipal ordinance of abandoned vehicle provisions
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The governing body of any municipality may by ordinance modify or change any provision of any of §§ 32-30-12 to 32-30-18 , inclusive, to meet its needs or to clarify the duties of its peace officers. Source: SL 1970, ch 180 , § 1.
SDCL § 32-30-12.2 Abandonment of motor vehicle on public highway or right-of-way a misdemeanor--Reasonable towing and storage fees--Suspension of fine
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No person may abandon a motor vehicle on any public highway or right-of-way. A violation of this section is a Class 2 misdemeanor. Any person convicted of abandoning a motor vehicle shall be ordered to pay any reasonable towing and storage fees, if the person was notified pursuan…
SDCL § 32-30-13 That person may also arrange for removal from the highway or right of way of any spilled cargo or other personal property belonging to the occupants of the motor vehicle, which could obstruct traffic or present a safety hazard
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The owner of the motor vehicle is responsible for any costs of removal incurred by the state, any political subdivision of the state, or any removal agency acting on behalf of the state or a political subdivision thereof. Absent gross negligence or willful and wanton misconduct i…
SDCL § 32-30-14 Vehicles blocking traffic--Wrecked vehicles
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A vehicle found attended or unattended upon a bridge, causeway, in any tunnel, or on the traveled portion of any roadway where the vehicle constitutes an obstruction and hazard to traffic or a vehicle which appears to have sustained reportable accident damage may be removed at an…
SDCL § 32-30-15 Notification to owner of removal of abandoned or wrecked vehicle--Recovery by owner--Disposal
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Any removal agency as defined by § 32-36-2 which has removed an abandoned or wrecked vehicle pursuant to this chapter or a vehicle impounded pursuant to § 32-30-19 shall comply with the provisions of § 32-36-8 to notify the registered owner, and if encumbered, the lien holder of …
Lien for costs of removal and storage of vehicle--Limit--Exception
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The sheriff, law enforcement officer, or removal agency taking custody of any vehicle under the provisions of §§ 32-30-12 to 32-30-15 , inclusive, 32-30-19 , and 32-36-4 has a possessory lien on the vehicle and the contents of the vehicle for the reasonable costs in taking custod…
SDCL § 32-30-18.1 Owners of certain abandoned vehicles civilly liable for towing and storage expenses
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Any owner of a motor vehicle who intentionally abandons a motor vehicle on any public highway or right-of-way is civilly liable to the removal agency for the expense of towing the motor vehicle. The owner is also civilly liable for any storage expense pursuant to §
SDCL § 32-30-19 Police to move vehicle to place of safety--When required
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Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when a report has been made that the vehicle has been stolen or taken without the consent of its owner, when the person or persons in charge of the…
SDCL § 32-30-2 Standing or parked vehicles--Remaining space required--Unobstructed view required--Violation as misdemeanor
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No person may park or leave standing any vehicle, whether attended or unattended, upon any highway unless a clear or unobstructed width of not less than twenty feet upon the main - traveled portion of such highway opposite such standing vehicle shall be left for free passage of o…
SDCL § 32-30-2.1 Position of parking on two - way road--Violation as misdemeanor
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Except as otherwise provided in §§ 32-30-2.2 to 32-30-2.4 , inclusive, every vehicle stopped or parked upon a two - way roadway shall be so stopped or parked with the right - hand wheels parallel to and within twelve inches of the right - hand curb or edge of the roadway. A viola…
SDCL § 32-30-2.2 Position of parking on one - way road--Violation as misdemeanor
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Unless otherwise provided by local ordinance, every vehicle stopped or parked upon a one - way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right - hand wheels within twelve inches of …
SDCL § 32-30-2.3 Angle parking by local ordinance--Commission concurrence required on state or federal highways
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Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal - aid or state highway unless the transportation commission has determined by resolution or order entered in its minutes that the roadway is of …