Law to Know
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 interstate 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 may operate an off-road vehicle on any highway ditch located within in a highway ditch that is designated as part of the state snowmobile trails system or bike trails, except on a designated off-road vehicle area or designated trail. (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, license plate light, parking lights, tail lights, and stop lights. (SDCL 32-20-13).
     
  • Every driver or owner of a motor vehicle (includes all terrain vehicle) shall at all times maintain in force one of the forms of financial responsibility on the motor vehicle (all terrain vehicle).  (SDCL 32-25-113).
     
  • No person may operate a motorcycle, except a moped or a licensed all-terrain vehicle on the public streets or highways without a motor vehicle driver's license or permit upon which a state testing officer has certified that such person is qualified to operate such motorcycle. However, 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)

  
Emergency Vehicle/Move Over Law:
  • Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, the driver of every other vehicle shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway, or in case of a one-way highway the nearest edge or curb, clear of any intersection of highways, and shall stop and remain in such position unless otherwise directed by a police or traffic officer until the authorized emergency vehicle shall have passed.  (SDCL 32-31-6).
  • Upon approaching from any direction any stopped authorized emergency vehicle making use of red visual signals, the driver of every other vehicle shall come to a complete stop before reaching the stopped emergency vehicle and may, unless otherwise directed, proceed with caution only after ascertaining that it is safe to do so. (SDCL 32-31-6.1).
     
  • 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).
     
  • 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).

 
Seat Belt Laws:
  • Anyone that is 17 years of age and under must be wearing a seat belt during all times and anywhere in the vehicle.
     
  • Children under the age 5 years and under 40 pounds are required to be in a "safety seat."
     
  • 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).

 
Accident Information:
  • 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).

 
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 may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event may such movement be made by driving off the pavement or main traveled portion of the roadway.
    (SDCL 32-26-28).
     
  • 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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