Information on All
Terrain Vehicles:
- No person may operate
on a public street or highway
an non-licensed off-road vehicle except for
crossing from one side of the road to the
other. A person 12 years of age or older may
operate an off-road vehicle in a highway
ditch if the vehicle is operated as close as
possible to the outer edge of the highway
right-of-way.
(SDCL 32-20-12).
- No person may operate
an off-road vehicle, even if it's licensed,
in a highway ditch along the interstate
highway system or on the highway,
or operate an off-road vehicle on any lands
owned, leased, or controlled by the
Department of Game, Fish and Parks. (SDCL
32-20-12 and SDCL 32-20-13).
- No person under
the age of 18 may operate or ride any
motorcycle or all terrain vehicle without
wearing a helmet that meets the Department
of Transportation Motor Vehicle Safety
Standard 218. (SDCL 32-20-4)
- No person may operate
an off-road vehicle on any highway ditch
designated as part of the state snowmobile
trails system or bike trails, except on a
designated off-road vehicle trails. (SDCL 32-20-12).
- To obtain a license
for an all terrain vehicle,
the vehicle must be a 200 cc Engine or more,
have a rearview mirror, horn, exhaust and
muffler, headlights,
tail lights, and stopping
lights. (SDCL 32-20-13).
- Every driver or owner
of a motor vehicle (includes all terrain
vehicle) shall at all times maintain financial
responsibility (insurance) on the motor vehicle (all
terrain vehicle). (SDCL 32-25-113).
- The operator of a
moped or licensed all-terrain vehicle shall
have a valid motor vehicle operator's
license or permit.
(SDCL 32-20-2)
- No person may operate
an all terrain vehicle unless he/she is
wearing eye protective device or has a
windscreen of sufficient height and design
so as to provide adequate eye protection.
(SDCL 32-20-4.1)
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Emergency Vehicle/Move Over Law:
- Upon the immediate
approach of an authorized emergency vehicle
making use of audible or visual signals, the
driver of vehicle shall
immediately pull over to the right hand side and
stop and remain in such position
unless otherwise directed by a police or
emergency personal until the authorized
emergency vehicle has passed. (SDCL
32-31-6).
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Upon approaching from
any direction any stopped authorized
emergency vehicle making use of red visual
signals, the driver of the vehicle
shall come to a complete stop before
reaching the stopped emergency vehicle, unless otherwise directed, proceed with
caution only after ascertaining that it is
safe to do so. (SDCL 32-31-6.1).
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Approaching from
any direction any stopped vehicle
making use of amber or yellow warning lights
on an interstate highway or other highway
with two or more lanes traveling in the same
direction as the vehicle, merge into the
lane farthest from the vehicle and proceed
with caution. (SDCL 32-31-6.1).
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Approaching from
any direction any stopped vehicle
making use of amber or yellow warning lights
on a two lane highway, must slow to a
speed that is at least 20 miles per hour
less than the posted speed limit or
five miles per hour when the speed limit is
posted at 20 miles per hour or less and
proceed with caution, unless otherwise
directed.
(SDCL 32-31-6.1).
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Seat Belt Laws:
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Anyone that is 17
years of age and under must be wearing a
seat belt during all times and anywhere in
the vehicle.
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Children under
the age 5 years and under 40 pounds are
required to be in a "safety seat."
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The offense is a
"primary offense" which means that the
driver may be pulled over for the violation.
The driver is responsible for all passengers
that are 0-17 of age. All operators and
passengers of the age of 14-17 are
responsible for themselves and can be
ticketed too. (SDCL 32-38-5, SDCL 32-37-1.3,
and SDCL 32-37-1.2).
- The driver and front
seat passenger, of any age, of a vehicle
shall be wearing a seat belt properly during
all times when the vehicle is in motion.
(SDCL 32-38-1)
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Accident Information:
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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 $1,000 or more
to any one person's property or $2,000 per
accident shall immediately, by the
quickest means of communication, give notice
of the accident to the nearest available law
enforcement officer who has jurisdiction.
(SDCL 32-34-7).
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Some
Passing/U-Turn Laws:
- No vehicle, within a
no-passing zone may make a U-Turn, nor may
any such turning movement be otherwise made
unless it can be made in safety and without
interfering with other traffic. (SDCL
32-26-25).
- The driver of a
vehicle that is overtake another, may not go
over the posted speed limit. (SDCL 32-25-1.1
or SDCL 32-5-7).
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Road Closure or Traffic Control Device:
- The driver of any
vehicle shall obey the instruction of any
official traffic control device (traffic
signs which includes road closure signs)
thereto placed in accordance to state law,
unless the driver is directed by a law
enforcement officer to do otherwise. (SDCL
32-28-10).
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These are some traffic laws within the state of
South Dakota. Some wording of the law have
been changed on this site to
better understand the information. Some
information may be out dated.
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