Title 32, MOTOR VEHICLES

A restricted minor's permit may be issued, upon application and payment of the proper fees as provided in § 32-12-16 , to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of …

A motorcycle restricted minor's permit may be issued, upon application and payment of the proper fee as provided for in § 32-12-16 , to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the re…

Any person holding a restricted minor's permit pursuant to § 32-12-12 or a motorcycle restricted minor's permit pursuant to § 32-12-12.1 may upgrade to an operator's license or motorcycle operator's license by mail or electronically unless the person has been convicted of a traff…

Any enforcement of the prohibition of the use of a wireless communication device pursuant to the provisions of §§ 32-12-11 and 32-12-12 by a law enforcement officer shall be accomplished as a secondary action. Source: SL 2013, ch 145 , § 4.

No holder of a restricted minor's permit may operate a motor vehicle carrying any passenger other than a member of the driver's immediate family or members of the driver's household during the first six months of holding a restricted minor's permit. After the first six months the…

Except for the portion of the fee used to administer the Division of Highway Patrol pursuant to § 32-12-16 , all other fees collected pursuant to chapters 32-12 and 32-12A and credited to the state motor vehicle fund shall remain in the fund for the next fiscal year. These fees m…

For noncommercial driver licenses and permits, the Department of Public Safety shall: (1) Provide the applications in Spanish and English; (2) Provide the examination materials in Spanish and English; and (3) Allow an applicant to take the written knowledge test in Spanish or Eng…

An individual who registers as a voter when applying for a South Dakota driver license must be a resident of this state, as defined in § 12-1-4 . Nothing prohibits an individual who does not meet the definition of a resident in § 12-1-4 from applying for a South Dakota driver lic…

A restricted minor's permit issued under § 32-12-12 or a motorcycle restricted minor's permit issued under § 32-12-12.1 does not entitle the minor to operate a motor vehicle in excess of twenty thousand pounds gross vehicle weight. However, the restriction imposed by this section…

A restricted minor's permit issued under § 32-12-12 or a motorcycle restricted minor's permit issued under § 32-12-12.1 does not entitle the minor to operate a motor vehicle on which is mounted a sawmill; a motor vehicle used in transportation of products originating in, or produ…

The restrictions in §§ 32-12-12 , 32-12-13 , 32-12-14 , and 32-12-12.1 do not apply if the minor has obtained the age of eighteen years. Nothing in this section precludes the suspension or revocation of the minor's driving privileges upon the receipt of a record of conviction for…

The issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit is on a probationary basis. The Department of Public Safety, upon the receipt of a record of conviction for a traffic violation or for a violat…

The Department of Public Safety upon receipt of a record of conviction for a violation of the conditions of an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit shall suspend the minor's permit or driving privile…

The application fee for an original driver license or a renewal of a driver license is thirty-eight dollars. The fee for a duplicate license, a name change, or an address change is twenty dollars. The fee must be credited to the state motor vehicle fund. Five dollars of every fee…

Upon payment of the fee established by § 32-12-16 , the Department of Public Safety shall issue an operator's license to each qualifying applicant. An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfull…

Upon payment of the fee established by § 32-12-16 , the Department of Public Safety shall issue a motorcycle operator's license to each qualifying applicant. A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age…

An operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle instruction permit must bear: (1) A distinguishing number assigned to the licensee; (2) The full legal name or any name lawful…

The Department of Public Safety may maintain a photographic image of all licensed drivers to facilitate the issuance of duplicate driver licenses. Source: SL 1974, ch 216 , § 3; SL 1978, ch 226 ; SDCL § 32-12-17.1 ; SL 2001, ch 171 , §§ 20, 115; SL 2003, ch 272 , § 23.

No male United States citizen or immigrant who is at least eighteen years of age but less than twenty - six years of age and who is required to register with the United States Selective Service System may apply for or be issued a driver license, renewal, or duplicate pursuant to …

No driver license or nondriver identification card issued after June 30, 2005, may contain the social security number of the licensee. Source: SL 2005, ch 166 , § 1.

A person may hold a South Dakota driver license and a South Dakota nondriver identification card. However, the person can only have one driver license or nondriver identification card that is acceptable by federal agencies for federal purposes. If a person holds both a driver lic…

A designation that the licensee or card holder is a veteran shall be indicated on the license, permit, or nondriver identification card issued pursuant to this chapter if the licensee or card holder: (1) Is an honorably discharged veteran having served in the armed forces of the …

The Department of Public Safety shall waive the fee one time for an original nondriver identification card or a duplicate nondriver identification card if the applicant is homeless. In order for the fee to be waived, the applicant must submit, with the application, an affidavit s…

The Department of Public Safety may issue upon application a nondriver identification card, similar in form but distinguishable in color from a driver license, to any resident of this state. Each applicant for a nondriver identification card shall, as part of the application, pre…

It is a Class 1 misdemeanor for any person to display or cause or permit to be displayed or have in his possession any canceled, fictitious or fraudulently altered nondriver identification card. Source: SL 1991, ch 253 , § 1.

It is a Class 1 misdemeanor for any person to permit any unlawful use of a nondriver identification card issued to him. Source: SL 1991, ch 253 , § 2.

It is a Class 1 misdemeanor for any person to display or represent as one's own any nondriver identification card not issued to him. Source: SL 1991, ch 253 , § 3.

It is a Class 1 misdemeanor for any person to lend his nondriver identification card to any other person or knowingly permit the use thereof by another. Source: SL 1991, ch 253 , § 4.

If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to § 32-12-17.10 , the secretary of the Department of Public Safety may encrypt information in the bar code identifying that the licensee is a convicted felon who h…

If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to § 32-12-17.10 , the secretary of the Department of Public Safety may include information identifying the licensee's blood type, medical condition, allergies, med…

Only the information listed in §§ 32-12-17.7 to 32-12-17.9 , inclusive, may be placed in a bar code or other information retrieval device on the license. Source: SL 1998, ch 187 , § 4.

No person may apply for any driver license until the licensee surrenders to the Department of Public Safety all valid driver licenses in the licensee's possession issued to the licensee by this state or any other jurisdiction. All surrendered licenses issued by this state shall b…

The Department of Public Safety may issue a temporary permit allowing the applicant to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a driver license. The temporary permit s…

Any application under this chapter shall be accompanied by the proper fee and payment of such fee entitles the applicant to not more than three attempts to pass the examination within a period of six months from the date of application. Any application for a driver license shall …

The Department of Public Safety may cancel any driver license upon determining that the licensee was not entitled to the issuance thereof under this chapter or that the licensee failed to give the required or correct information or committed any fraud in making the application. U…

Any person licensed under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and may not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt …

No person, except those expressly exempted in §§ 32-12-22.1 to 32-12-28 , inclusive, may drive any motor vehicle upon a highway in this state unless the person has a valid driver license under the provisions of this chapter. Any person convicted for a violation of this section is…

Any person is exempt from license under this chapter while operating a farm tractor or implement of husbandry to or from the home farm buildings to or from any adjacent or nearby farmland for the exclusive purpose of conducting farm operations. However, no person whose license or…

Any employee of the United States government possessing a valid driver license of the United States government or any other state is exempt from license under this chapter while operating a motor vehicle owned by or leased to the United States government and being operated on off…

A nonresident who is at least sixteen years of age and who has in that person's immediate possession a valid operator's license or motorcycle operator's license issued by that person's home state or country may operate in this state any motor vehicle for which that person is lice…

The provisions of § 32-12-24 granting exemptions to any nonresident are operative only to the same extent that the laws of the state of the nonresident grant exemptions to residents of this state. Source: SDC Supp 1960, § 44.03B02 as added by SL 1964, ch 128 , § 1; SL 1989, ch 26…

Any person who has resided in this state for a period of ninety days is considered a resident for the purpose of being licensed to drive a motor vehicle under the laws of this state. Source: SDC Supp 1960, § 44.03B02 as added by SL 1968, ch 174 .

Any nonresident who is stationed in this state while in the military service of the United States or any nonresident who is assigned in this state under the Domestic Volunteer Service Act of 1973 and any dependent of such nonresident, and who has in that person's possession a val…

Any student enrolled in a driver education class which has been approved by the South Dakota Department of Education may drive a motor vehicle without a license under this chapter on a designated highway or within a designated area if such student is accompanied by an approved dr…

The Department of Public Safety may not issue any license under this chapter to any person who is under the age of sixteen years, except that the department may issue a restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction …

Every application under this chapter shall state the full legal name or any other name taken for lawful purposes, date of birth, social security number, sex, and current mailing address and residential address of the applicant, and briefly describe the applicant. The applicant sh…