Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-30-2.4 Stopping, standing, parking, or standing outside vehicle prohibited or restricted where sign posted by department--Violation as misdemeanor
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The Department of Transportation with respect to highways under its jurisdiction may promulgate rules pursuant to chapter 1-26 to prohibit or restrict the stopping, standing, or parking of vehicles or the presence of any person standing outside of a motor vehicle, on any highway …
SDCL § 32-30-2.5 Opening of doors on traffic side of stopped vehicle--Violation as petty offense
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No person may open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor may any person leave a door open on the side of a vehicle available …
SDCL § 32-30-20 Unsafe backing prohibited--Violation as misdemeanor
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The driver of a vehicle may not back the vehicle unless such movement can be made with safety and without interfering with other traffic. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 , § 31, § 9; SL 1989, ch 255 , § 205.
SDCL § 32-30-21 Backing prohibited on controlled - access highway--Violation as misdemeanor
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The driver of a vehicle may not back the vehicle upon any shoulder or roadway of any controlled - access highway. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 , § 31, § 10; SL 1989, ch 255 , § 206. 32-30-22. Repealed by SL 1989, ch 255 , § 200.
SDCL § 32-30-23 Removal of parking from municipal street--Approval of municipality and transportation commission
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Notwithstanding the provisions of §§ 31-4-14 , 31-32-13 , and 32-30-2.4 , no parking may be removed from a municipal street in a municipality with a population in excess of sixty thousand which is part of the state trunk highway system until that removal of parking has been appro…
SDCL § 32-30-3 Removal of vehicles improperly parked or standing
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If any peace officer finds a vehicle standing upon a highway in violation of the provisions of § 32-30-1 , 32-30-2 , or 32-30-4 , he may move the vehicle or require the driver or person in charge of the vehicle to move the vehicle to a position permitted under said sections. Sour…
SDCL § 32-30-3.1 Removal of unattended vehicle by removal agency--Reporting requirements--Violation as misdemeanor
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If any removal agency as defined by § 32-36-2 removes any unattended motor vehicle from a public street or highway and the removal is not at the written request of the owner, an authorized agent of the owner, or a law enforcement officer, the removal agency shall report the remov…
SDCL § 32-30-3.2 Removal agency failing to report removal not entitled to fees
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If a removal agency fails to make a report as required by § 32-30-3.1 , the removal agency is not entitled to any towing or storage fees for the removed vehicle and no such towing or storage fees may be billed or collected by the removal agency. Source: SL 2000, ch 161 , § 2.
SDCL § 32-30-4 Disabled vehicles excepted--Emergency lamps, flares and flags--Removal of vehicle--Violation a misdemeanor
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The provisions of §§ 32-30-1 to 32-30-3 , inclusive, do not apply to the driver of any vehicle which is disabled while on the paved, improved, or main - traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving…
SDCL § 32-30-4.1 Disabled vehicle--Officers’ authority for removal--Owner responsible for cost--Liability limited
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If the driver or person in charge of a disabled motor vehicle is unable to expeditiously arrange for the removal of the vehicle from the main-traveled portion of a highway pursuant to § 32-30-4 , or from the right of way, or if a vehicle is an obstruction or hazard to traffic pur…
SDCL § 32-30-4.2 Disabled vehicle--Removal from public waters--Owner responsible for cost--Liability limited
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Any agent of the Division of Highway Patrol, the Department of Transportation, the Department of Game, Fish and Parks, any sheriff or peace officer of this state, and any removal agency or other person acting at the direction of law enforcement or any state agency personnel speci…
SDCL § 32-30-5 Safeguarding of unattended vehicle--Violation as petty offense
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No person driving or in charge of a motor vehicle may permit it to stand unattended without effectively setting the brake thereon and, if standing upon any grade, turning the front wheel to the curb or side of the highway. A violation of this section is a petty offense. Source: S…
SDCL § 32-30-6 Places where standing and parking prohibited--Exception to discharge passengers--Violation as petty offense
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Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (1) In front…
SDCL § 32-30-6.1 Places where stopping prohibited--Violation as petty offense
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Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stop, stand or park a vehicle: (1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (2) On a si…
SDCL § 32-30-6.2 Places where parking prohibited--Exception for loading and unloading--Violation as petty offense
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Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading me…
SDCL § 32-30-6.3 Unauthorized movement of another vehicle into prohibited area--Violation as petty offense
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No person may move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. A violation of this section is a petty offense. Source: SL 1970, ch 175 , § 31, § 3; SL 1989, ch 255 , § 212. 32-30-7. Repealed by SL 1992…
SDCL § 32-30-9 Display of license required
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Any license issued as provided in subdivision 32-5-157(2), shall be displayed prominently upon the motor vehicle while being parked by or under the direction of the veteran pursuant to §
SDCL § 32-31-1 Emergency vehicle--Traffic regulations
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The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm or when operating a funeral escort vehicle as defined in § 32-26…
SDCL § 32-31-2 Particular regulations which may be disregarded
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The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of chapter 32-30 ; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Disregard regulations governing dire…
SDCL § 32-31-3 Use of emergency signals required
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The exemptions granted in subdivisions 32-31-2(2) and (3) to an authorized emergency vehicle apply only if the vehicle is making use of audible or visual signals meeting the requirements of law. However, the exemption granted in subdivision 32-31-2(1) to an authorized emergency v…
Speed limits inapplicable--Conditions
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The speed limits set forth in §§ 32-25-1.1 to 32-25-17 , inclusive, do not apply to any authorized emergency vehicle responding to an emergency call if the driver sounds an audible siren or air horn, or both, or displays flashing, oscillating, or rotating beams of red light, or c…
SDCL § 32-31-5 Duty of operator to use care--Liability for recklessness
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The provisions of this chapter shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of othe…
SDCL § 32-31-6 Duty of other motorists upon approach of emergency vehicle--Violation as misdemeanor
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Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of this chapter, or of a police vehicle properly and lawfully making use of an audible or visual signal only, the driver of every other vehicle shall im…
SDCL § 32-31-6.1 Occupying highway shoulder or stopped--Requirements for approaching vehicles--Penalty
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Upon approaching from any direction any stopped authorized emergency vehicle making use of red visual signals meeting the requirements of this title, the driver of a motor vehicle shall come to a complete stop before reaching the stopped emergency vehicle and may, unless otherwis…
SDCL § 32-31-6.2 Occupying highway shoulder or stopped--Accident caused--Penalty
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Any driver of a motor vehicle who, while violating § 32-31-6.1 , causes an accident, is guilty of a Class 1 misdemeanor if: (1) The accident is with a stopped emergency vehicle making use of its red visual signals; or (2) The accident is with any vehicle making use of amber, yell…
SDCL § 32-31-7 Following fire apparatus as misdemeanor--Minimum following or parking distance
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It is a Class 2 misdemeanor for the driver of any vehicle other than one on official business to follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or to drive into or park such vehicle within the block where the fire apparatus has stopp…
SDCL § 32-31-8 Driving over fire hose prohibited--Violation as misdemeanor
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No vehicle may be driven over any unprotected hose of a fire department when laid down on any street, private road, or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command. A violation of this section is a Class 2 misdem…
SDCL § 32-31-9 SDCL 32-31-9
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Repealed by SL 1989, ch 255 , § 213.
Any school bus which was formerly used by school districts to transport children shall be completely repainted in a color other than national school bus yellow or any colors commonly referred to as yellow
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A violation of this section is a petty offense. This section does not apply to school buses if rented by or its use has been granted as provided in subdivision 49-28-2(1). This section does not apply to school buses if they are used by a municipality to provide public transportat…
SDCL § 32-32-1 "School bus" defined
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A school bus is any vehicle with a capacity of ten or more pupils and the driver owned or operated by or for a school or a school district as authorized under § 13-29-1 , and to transport school children to and from school or in connection with school activities. Buses operated b…
SDCL § 32-32-10 Civil proceeding for penalty--Lien of penalty
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The state's attorney for the county in which the violation of § 32-32-6 occurs shall commence a civil in rem proceeding against a vehicle charged with violating §
SDCL § 32-32-11 Lien not applicable to vehicle leased or used without owner's consent--Subordination to security interests
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The lien imposed by § 32-32-10 shall 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 shall be subordinate to a perfected security interest or lien registered on the title at the time of the vio…
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 § 32-32-15 Repealed by SL 1998, ch 196 , § 1
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32-32-16 Deadline for equipping bus with stop arm signal. 32-32-17 External video system--Recordings discoverable, admissible--System installation.
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 §
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 § 32-32-8 Repealed by SL 1989, ch 255 , § 217
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32-32-9 Civil penalty against vehicle failing to stop for school bus. 32-32-10 Civil proceeding for penalty--Lien of penalty. 32-32-11 Lien not applicable to vehicle leased or used without owner's consent--Subordination to security interests. 32-32-12 Stop arm signal required. 32…
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.
The arresting officer may take the person immediately before the nearest and most accessible magistrate
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Source: SL 1983, ch 249 .
SDCL 32-23-2.1
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[Repealed or reserved.]