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CHAPTER 32-15

VEHICLE AND ACCESSORY SPECIFICATIONS

32-15-1      Registration of vehicle without safety glass as petty offense--Suspension of registration.
32-15-2      Replacement with material other than safety glass as petty offense.
32-15-2.1      Laminated glass required for windshield--Position--Minimum height--Exemption.
32-15-2.2      Cracked or broken glass prohibited.
32-15-2.3      Glass impairing operator's vision prohibited.
32-15-2.4      One-way glass, adhesive film, or other glaze in windshield or front side windows prohibited--Violation as misdemeanor.
32-15-2.5      One-way glass, adhesive film, or other glaze in rear window prohibited--Violation as misdemeanor.
32-15-2.6      Definition of terms.
32-15-2.7      Manufacturer certification of compliance with light transmission specifications.
32-15-2.8      Repealed.
32-15-2.9      Sunscreening devices on windshield prohibited--Extension of film limited.
32-15-2.10      Compliance with meter manufacturer's testing procedure--Serial number and certification date noted on citation for violation.
32-15-3      Repealed.
32-15-4      Repealed.
32-15-5      Nontransparent material on windows prohibited--Petty offense--Official certificates excepted.
32-15-6      Objects dangling between driver and windshield as petty offense.
32-15-7      Windshield wipers required--Violation as petty offense.
32-15-8      Rear-vision mirrors required--Visibility distance--Violation as petty offense.
32-15-9      Television receivers prohibited--Violation as petty offense.
32-15-10      Horn required--Audibility distance--Violation as petty offense.
32-15-11      Sirens, whistles, and unnecessary loud noises as misdemeanor.
32-15-12      Bell, siren, or whistle permitted on emergency vehicles.
32-15-13      Directional turn signals required--Misdemeanor--Motorcycles and agricultural vehicles excepted.
32-15-13.1      Silage and seasonal farm trucks exempt--Gross weight--Restrictions on use.
32-15-14 to 32-15-16.      Repealed.
32-15-17      Exhaust system and muffler required--Exhaust location--Muffler cut-out prohibited--Misdemeanor.
32-15-18      Improperly loaded vehicle unlawful--Violation as misdemeanor.
32-15-19      Repealed.
32-15-20      Slow-moving vehicle emblem required--Place of mounting--Violation as petty offense.
32-15-21      Design of slow-moving vehicle emblem.
32-15-22      Misuse of slow-moving vehicle emblem prohibited--Violation as petty offense.
32-15-23      Superseded.
32-15-24 to 32-15-26.      Repealed.
32-15-27      Wheel weight, movement, and damping device requirements for vehicle suspension systems--Violation as petty offense.
32-15-28      Steering system requirements--Violation as petty offense.


32-15-29      Excess lash or free play in steering system--Test standards--Violation as petty offense.
32-15-30      Repealed.
32-15-31      Floor pan required.
32-15-32      Door levers, handles, and devices of egress--Hood latches.
32-15-33      Disconnecting, resetting, or altering odometer as criminal offense--Repairs--Notice of mileage change--Criminal penalties.
32-15-34      Operating vehicle with disconnected odometer as misdemeanor.
32-15-35      Definitions--Aftermarket crash parts.
32-15-36      Identifying aftermarket crash parts supplied by nonoriginal manufacturer.


     32-15-1.   Registration of vehicle without safety glass as petty offense--Suspension of registration. It is a petty offense to register in this state a motor vehicle, except motorcycles, manufactured on or after July 1, 1953, unless it is equipped with safety glass or safety glazing material in all partitions, doors, windows, windshields, or wind deflectors. The Department of Revenue shall suspend the registration of a vehicle which does not conform to the requirements of this section until the defect is corrected.

Source: SL 1953, ch 243, §§ 1, 5; SDC Supp 1960, § 44.0102-1; SL 1978, ch 158, § 30; SL 2004, ch 17, § 137; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


     32-15-2.   Replacement with material other than safety glass as petty offense. It is a petty offense for any person to replace any glass or glazing materials used in partitions, doors, windows, windshields, or wind deflectors in any motor vehicle with any material other than safety glass.

Source: SL 1953, ch 243, § 3; SDC Supp 1960, § 44.0102-1; SL 1978, ch 158, § 31.


     32-15-2.1.   Laminated glass required for windshield--Position--Minimum height--Exemption. Every motor vehicle shall be equipped with an approved laminated safety glass windshield. The windshield shall be in such position that it affords continuous horizontal frontal protection to the driver and front seat occupants. The minimum vertical height of the unobstructed windshield glass shall be six inches. The provisions of this section do not apply to a motor vehicle manufactured prior to July 1, 1953, if the driver of the motor vehicle is wearing an eye protective device.

Source: SL 1978, ch 228, § 1; SL 1992, ch 221.


     32-15-2.2.   Cracked or broken glass prohibited. No glass or glazing material, at any location where it is used, may be cracked or broken so as to cut or injure any person in or around the vehicle.

Source: SL 1978, ch 228, § 2.


     32-15-2.3.   Glass impairing operator's vision prohibited. No glass or glazing material may be cracked, broken, shattered, or distorted to the extent that it significantly impairs the vision of the motor vehicle operator.

Source: SL 1978, ch 228, § 3.


     32-15-2.4.   One-way glass, adhesive film, or other glaze in windshield or front side windows prohibited--Violation as misdemeanor. No motor vehicle required to be registered in this state and which is operated on the highways of this state may be equipped with one-way glass or any adhesive film or other glaze or application on or in the front windshield, side wing vents, or side windows on either side forward of or adjacent to the operator's seat, which reduces the light transmittance of such windows to the combined level below thirty-five percent, with an enforcement tolerance of nine percent. A violation of this section is a Class 2 misdemeanor.

Source: SL 1988, ch 257, § 1; SL 1989, ch 255, § 231; SL 1994, ch 257, § 1.


     32-15-2.5.   One-way glass, adhesive film, or other glaze in rear window prohibited--Violation as misdemeanor. No motor vehicle required to be registered in this state and which is operated on the highways of this state may be equipped with one-way glass, adhesive film, or other glaze in the rear windows behind the operators seat that reduces light transmission below twenty percent, with an enforcement tolerance of nine percent. A violation of this section is a Class 2 misdemeanor.

Source: SL 1988, ch 257, § 2; SL 1989, ch 255, § 232; SL 1994, ch 257, § 2.


     32-15-2.6.   Definition of terms. Terms used in this chapter mean:
             (1)      "Light transmission," the ratio of the amount of total light to pass through a product or material to the amount of total light falling on the product or material and the glazing;
             (2)      "Dealer," any person who engages in the manufacture of or installation of a film, glaze, or application for motor vehicle windshields and windows or fabricates, laminates, or tempers a safety glazing material during the manufacturing or installation process to incorporate the capacity to reflect or reduce the transmission of light.

Source: SL 1989, ch 268, § 1.


     32-15-2.7.   Manufacturer certification of compliance with light transmission specifications. Each manufacturer of film, glaze, or other application for a motor vehicle windshield or window shall certify to the Department of Public Safety that the film, glaze, or application the manufacturer makes or installs complies with the light transmission specifications of §§ 32-15-2.4 and 32-15-2.5.

Source: SL 1989, ch 268, § 2; SL 1994, ch 257, § 3; SL 2004, ch 17, § 138.


     32-15-2.8.   Repealed by SL 2005, ch 168, § 1.


     32-15-2.9.   Sunscreening devices on windshield prohibited--Extension of film limited. No sunscreening devices may be placed on or affixed to a windshield so as to obstruct or reduce the driver's clear view through the windshield. No film may be extended downward beyond the AS-1 line or more than the lowest point of the sun visor of the motor vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1994, ch 257, § 5.


     32-15-2.10.   Compliance with meter manufacturer's testing procedure--Serial number and certification date noted on citation for violation. Any testing equipment used to enforce § 32-15-2.4 or 32-15-2.5 shall be used in compliance with the meter manufacturer's testing procedures. The law enforcement officer shall note on any citation for a violation of § 32-15-2.4 or § 32-15-2.5 the serial number of the meter used and the date the meter was certified.

Source: SL 1994, ch 257, § 6.


     32-15-3.   Repealed by SL 1974, ch 219, § 24.


     32-15-4.   Repealed by SL 2012, ch 168, § 1.


     32-15-5.   Nontransparent material on windows prohibited--Petty offense--Official certificates excepted. It is a petty offense for any person to drive any vehicle upon a highway with any sign, poster, or other nontransparent material upon the front windshield, side wings, side, or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law or temporary driving instructions placed thereon by the manufacturer unless the same shall not obstruct the driver's clear view of the highway or any intersecting highway.

Source: SDC 1939, § 44.0349; SL 1967, ch 199, § 1; SL 1977, ch 189, § 102.


     32-15-6.   Objects dangling between driver and windshield as petty offense. It is a petty offense for any person to drive any vehicle upon a highway with any object or gadget dangling between the view of the driver and the windshield of the vehicle. Enforcement of this section by state or local law enforcement agencies shall be accomplished as a secondary enforcement.

Source: SDC 1939, § 44.0349 as added by SL 1959, ch 253; SL 1977, ch 189, § 103; SL 2004, ch 214, § 1.


     32-15-7.   Windshield wipers required--Violation as petty offense. The windshield on every motor vehicle as defined by subdivision § 32-3-1(11) except farm tractors and motorcycles, shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be operated by the driver of the vehicle. No person may operate a motor vehicle upon the highways unless such vehicle shall be equipped with such device in good working order capable of cleaning the windshield thereof and which device shall provide the driver a clear view of the highway. A violation of this section is a petty offense.

Source: SL 1967, ch 199, § 2; SL 1989, ch 255, § 35.


     32-15-8.   Rear-vision mirrors required--Visibility distance--Violation as petty offense. Every motor vehicle entitled to be licensed in South Dakota shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle, whether operated singly or towing another vehicle. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0348; SL 1967, ch 198; SL 1989, ch 255, § 36.


     32-15-9.   Television receivers prohibited--Violation as petty offense. No person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a television broadcast which is located in the motor vehicle in such a position that it is visible to the driver while operating the motor vehicle. A violation of this section is a petty offense.

Source: SL 1951, ch 236, §§ 1, 2; SDC Supp 1960, § 44.0348-1, 44.9936; SL 1977, ch 189, § 104.


     32-15-10.   Horn required--Audibility distance--Violation as petty offense. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of at least two hundred feet. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0347; SL 1989, ch 255, § 37.


     32-15-11.   Sirens, whistles, and unnecessary loud noises as misdemeanor. It is a Class 2 misdemeanor, except as otherwise provided in § 32-15-12, for any vehicle to be equipped with or for any person to use upon a vehicle any siren, or any compression or spark plug whistle, or any exhaust horn, or whistle which does not produce a harmonious sound, or for any person at any time to use a horn otherwise than a reasonable warning or to make any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.

Source: SDC 1939, § 44.0347; SL 1977, ch 189, § 105; SL 1989, ch 255, § 31.


     32-15-12.   Bell, siren, or whistle permitted on emergency vehicles. Every police and fire department and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren, or exhaust whistle.

Source: SDC 1939, § 44.0347; SL 1989, ch 255, § 32.


     32-15-13.   Directional turn signals required--Misdemeanor--Motorcycles and agricultural vehicles excepted. It is a Class 2 misdemeanor for any person to sell or offer for sale any new motor vehicle, excepting motorcycles, farm tractors, and vehicles used primarily for the distribution and application of agricultural fertilizer or chemicals, when drawn by another vehicle, unless it is equipped with directional turn signals.

Source: SL 1953, ch 242, §§ 1, 2; SDC Supp 1960, §§ 44.0317-1, 44.9939; SL 1977, ch 189, § 106; SL 1979, ch 223, § 2; SL 1984, ch 228, § 1.


     32-15-13.1.   Silage and seasonal farm trucks exempt--Gross weight--Restrictions on use. Any silage truck or seasonal farm truck, licensed under the provisions of § 32-5-97.1 and having a gross vehicle weight of six to twenty tons, shall be exempt from the provisions of §§ 32-15-1, 32-15-2, 32-15-5, 32-15-7, 32-15-10, and 32-15-13; provided, however, such motor vehicles shall be operated only during daylight hours and only within a twenty-five mile road distance of the main entrance to the farm where such vehicle is ordinarily parked.

Source: SL 1975, ch 213.


     32-15-14 to 32-15-16.   Repealed by SL 1974, ch 219, § 24.


     32-15-17.   Exhaust system and muffler required--Exhaust location--Muffler cut-out prohibited--Misdemeanor. No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise.
     Exhaust systems on passenger or passenger-carrying vehicles used on any highway shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. Any motor vehicle equipped with side exhaust according to the original vehicle manufacturer specifications is exempt from the location requirements. A bus used for the purpose of carrying school children may discharge the exhaust on the left side in front of the rear axle.
     Exhaust systems on property-carrying vehicles used on any highway shall discharge the exhaust fumes at a point rearward of the passenger-carrying compartment.
     No person may use a muffler cut-out on any motor vehicle upon a highway.
     A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0350; SL 1977, ch 189, § 107; SL 1977, ch 261; SL 1986, ch 132, § 4; SL 1989, ch 255, § 33; SL 2002, ch 157, § 1.


     32-15-18.   Improperly loaded vehicle unlawful--Violation as misdemeanor. No person may drive or move any vehicle on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0350; SL 1989, ch 255, § 34.


     32-15-19.   Repealed by SL 1978, ch 158, § 32.


     32-15-20.   Slow-moving vehicle emblem required--Place of mounting--Violation as petty offense. All farm machinery, including animal drawn vehicles, and highway construction and maintenance vehicles which are designed for operation at a rate of speed of twenty-five miles per hour or less or such vehicles when operated at speeds of twenty-five miles per hour or less, when operated on a public highway, shall display a slow-moving vehicle emblem. Said slow-moving vehicle emblem shall be mounted on the rear of a slow-moving vehicle in such a position and condition as to be clearly visible. A violation of this section is a petty offense.

Source: SL 1970, ch 189, §§ 1, 4; SDCL Supp, § 32-15-23.


     32-15-21.   Design of slow-moving vehicle emblem. The slow-moving vehicle emblem as required by § 32-15-20 shall be of the specification approved by the American Society of Agricultural Engineers.

Source: SL 1970, ch 189, § 3.


     32-15-22.   Misuse of slow-moving vehicle emblem prohibited--Violation as petty offense. No vehicle, other than those specified in § 32-15-20, shall display a slow-moving vehicle emblem, and its use on any type of stationary object is prohibited. A violation of this section is a petty offense.

Source: SL 1970, ch 189, §§ 2, 4; SDCL Supp, § 32-15-23.


     32-15-23.   Superseded.


     32-15-24 to 32-15-26.   Repealed by SL 1977, ch 260, § 2.


     32-15-27.   Wheel weight, movement, and damping device requirements for vehicle suspension systems--Violation as petty offense. No person may operate a motor vehicle required to be registered in this state which has an unloaded weight of six thousand pounds or less, other than a motorcycle, on a public highway, unless:
             (1)      The vehicle shall be constructed and loaded so that the weight on the wheels of any axle is not less than thirty percent of the gross weight of the vehicle;
             (2)      The vehicle shall have a suspension system that allows movement between the unsprung axle and wheel and the chassis body and shall be equipped with a damping device at each wheel location.
     A violation of this section is a petty offense.

Source: SL 1977, ch 260, § 1 (5), (6); SL 1989, ch 255, § 38.


     32-15-28.   Steering system requirements--Violation as petty offense. No person may operate a motor vehicle required to be registered in this state which has an unloaded weight of six thousand pounds or less, other than a motorcycle, on a public highway unless the steering system complies with the following requirements:
             (1)      No steering components may extend below the wheel rims in their lowest position;
             (2)      The steering system shall remain unobstructed when turned from lock to lock;
             (3)      The steering wheel may have not less than two turns or more than six turns when turning the road wheels from lock to lock;
             (4)      When the motor vehicle is in a sharp turn at a speed between five and fifteen miles per hour, release of the steering wheel shall result in a distinct tendency for the vehicle to increase its turning radius;
             (5)      The vehicle shall be capable of traversing a slalom type path passing alternately to the left and right of at least four cones or markers arranged in a straight line spaced sixty feet apart on a dry hard flat surface free from loose material, at a minimum velocity of twenty-five miles per hour.
     A violation of this section is a petty offense.

Source: SL 1977, ch 260, § 1 (1) to (4), (7); SL 1989, ch 255, § 39.


     32-15-29.   Excess lash or free play in steering system--Test standards--Violation as petty offense. No person may operate a motor vehicle required to be registered in this state which has an unloaded weight of six thousand pounds or less, other than a motorcycle, on a public highway, unless the motor vehicle shall be capable of complying with the following test for excess lash or free play in the steering system: with the engine on and the wheels in the straight ahead position, the steering wheel shall be turned in one direction until there is a perceptible movement of a front road wheel; if a point on the steering wheel rim moves more than the value shown in the following table before perceptible return movement of the road wheel under observation, there is excessive lash or free play in the steering system:

Steering Wheel Diameter   Lash  
    16 inches or less   2 inches  
    18 inches   2-1/4 inches  
    20 inches   2-1/2 inches  
    22 inches   2-3/4 inches  

     A violation of this section is a petty offense.

Source: SL 1977, ch 260, § 1 (8); SL 1989, ch 255, § 40.


     32-15-30.   Repealed by SL 1989, ch 255, § 30.


     32-15-31.   Floor pan required. Every motor vehicle shall be equipped with a floor pan under the entire passenger-carrying compartment.

Source: SL 1978, ch 228, § 4.


     32-15-32.   Door levers, handles, and devices of egress--Hood latches. Door levers, handles, and other suitable devices, installed on motor vehicles by the original vehicle manufacturer as original equipment, and actuated from the inside of the vehicle as a means of egress, shall be maintained and kept in an operable condition. Both the primary and secondary latches, installed on motor vehicles by the original vehicle manufacturer as original equipment, which are used to secure the vehicle front opening compartment hood in a closed position shall be maintained and kept in an operable condition.
     A motor vehicle that has been modified so that previously available means of egress from seating accommodations are no longer available shall be equipped with another means of egress from such seating accommodations using a mechanically actuated door latch which firmly and automatically secures the door when pushed closed and which allows the door providing this new means of egress to be opened from the inside by the actuation of a convenient lever, handle, or other suitable device.

Source: SL 1978, ch 228, § 5; SL 1981, ch 13, § 7; SL 1994, ch 258.


     32-15-33.   Disconnecting, resetting, or altering odometer as criminal offense--Repairs--Notice of mileage change--Criminal penalties. No person may disconnect, reset, or alter, or cause to be disconnected, reset, or altered, the odometer of any motor vehicle. This section does not apply to any person repairing or replacing an odometer. However, if the indicated mileage is changed, a notice shall be permanently attached to the left front door frame of the vehicle. A person violating this section is guilty of a Class 1 misdemeanor. A person violating this section for a second or subsequent time is guilty of a Class 6 felony.

Source: SL 1978, ch 222, § 2; SL 1984, ch 229.


     32-15-34.   Operating vehicle with disconnected odometer as misdemeanor. No person shall operate a motor vehicle on the highways of this state with the odometer of the vehicle disconnected. A person violating this section is guilty of a Class 2 misdemeanor.

Source: SL 1978, ch 222, § 3.


     32-15-35.   Definitions--Aftermarket crash parts. Terms used in § 32-15-36 mean:
             (1)      "Aftermarket crash part," a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;
             (2)      "Installer," an individual who actually does the work of replacing or repairing parts of a motor vehicle;
             (3)      "Insurer," an insurance company and any person authorized to represent the insurer with respect to a claim;
             (4)      "Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part," aftermarket crash parts not made for or by the manufacturer of the motor vehicle;
             (5)      "Repair facility," any motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.

Source: SL 1990, ch 408, § 1.


     32-15-36.   Identifying aftermarket crash parts supplied by nonoriginal manufacturer. Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. The manufacturer's logo or name shall be visible after installation if practicable.
     Any violation of this section shall be enforced through the provisions of chapter 58-33 and shall be enforced by the penalties provided for in chapter 58-33.

Source: SL 1990, ch 408, § 2.


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