State of South Dakota
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NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019
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660B0345
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SENATE ENGROSSED NO. SB 93 - 2/12/2019
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Introduced by: Senators Soholt, Curd, Ewing, and Rusch and Representatives Barthel,
Duvall, McCleerey, and Willadsen
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FOR AN ACT ENTITLED, An Act to revise certain provisions regarding instruction and
restricted driving permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-11 be amended to read:
32-12-11. Any person who is at least fourteen years of age but less than eighteen years of
age applying for a South Dakota operator's license, restricted minor's permit, or instruction
permit who does not currently hold an operator's license, motorcycle operator's license,
restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle
instruction permit shall apply to the Department of Public Safety for an instruction permit.
If
an applicant holds an instruction permit that has been valid continuously for one hundred eighty
days, and is still currently valid or that has been expired for thirty days or less, the department
shall waive the knowledge test to upgrade to an operator's license, motorcycle operator's license,
restricted minor's permit, or motorcycle restricted minor's permit. If the licensee applies and
makes payment of the required fee thirty-one or more days after the expiration date of the
permit, the licensee shall take the knowledge test as required by § 32-12-4 and may take the skill
test for an operator's license. The department may, after the applicant has successfully passed
all parts of the examination other than the driving test and paid a fee which is equal in amount
to the fee prescribed for a license in § 32-12-16, issue to the applicant an instruction permit. The
instruction permit shall be held for at least one hundred eighty continuous days if issued before
July 1, 2019, or at least three hundred sixty-five days if issued on or after July 1, 2019.
The instruction permit entitles the applicant, while having the permit in the applicant's
immediate possession, to drive a motor vehicle upon the public highways for a period of five
years during the hours of 6 a.m. to 10 p.m. if accompanied by a person holding a valid operator's
license who is at least eighteen years of age, has had at least one year of driving experience, and
who is occupying a seat beside the applicant. The applicant is entitled to drive a motor vehicle
upon the public highways during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being
operated under the direction of the applicant's parent or guardian who is occupying a seat beside
the applicant. No holder of an instruction permit may use any type of wireless communication
device while operating a motor vehicle upon the public highways.
The holder of an instruction permit who is at least fourteen years of age but less than
eighteen years of age may apply for a restricted minor's permit or operator's license after holding
a valid instruction permit for one hundred eighty continuous days for the time required by this
section.
If the holder of an instruction permit that has been valid continuously as required by this
section and is still currently valid or that has been expired for thirty days or less applies to
upgrade to an operator's license, motorcycle operator's license, restricted minor's permit, or
motorcycle restricted minor's permit, the department shall waive the knowledge test. If the
holder applies and makes payment of the required fee thirty-one or more days after the
expiration date of the permit, the holder shall take the knowledge test as required by § 32-12-4
and may take the skill test for an operator's license.
Section 2. That § 32-12-11.1 be amended to read:
32-12-11.1. Any person who is at least fourteen years of age but less than eighteen years of
age applying for a South Dakota motorcycle operator's license, motorcycle restricted minor's
permit, or motorcycle instruction permit who does not currently hold an operator's license,
motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit,
instruction permit, or motorcycle instruction permit that has been valid continuously for at least
one hundred eighty days if issued before July 1, 2019, or at least three hundred sixty-five days
if issued on or after July 1, 2019, shall apply to the Department of Public Safety for an
instruction permit which shall be held for a minimum of one hundred eighty continuous days.
The department may, after the applicant has successfully passed all parts of the examination
other than the driving test and paid a fee which is equal in amount to the fee prescribed for a
license in § 32-12-16, issue to the applicant a motorcycle instruction permit. The instruction
permit shall be held for at least one hundred eighty continuous days if issued before July 1,
2019, or at least three hundred sixty-five days if issued on or after July 1, 2019.
A motorcycle instruction permit is not required to obtain a motorcycle operator's license or
a motorcycle restricted minor's permit if the applicant currently holds an instruction permit,
restricted minor's permit, or operator's license that has been valid continuously for one hundred
eighty days.
A motorcycle instruction permit entitles the holder, while having the permit in the permit
holder's immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to
8 p.m. if the permit holder is accompanied by a licensed motorcycle operator who is at least
eighteen years of age, who has at least one year of driving experience, and who is driving
another motorcycle along with the permit holder. No motorcycle instruction permit holder may
carry another person on the motorcycle. The permit is valid for one year. The holder of an
instruction permit or motorcycle instruction permit who is at least fourteen years of age but less
than eighteen years of age may apply for a motorcycle restricted minor's permit or motorcycle
operator's license after holding a valid instruction permit for one hundred eighty continuous days
as required by this section.
Section 3. That § 32-12-12 be amended to read:
32-12-12. 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 an instruction permit as provided in § 32-12-11 or 32-12-11.1 and has not been
convicted of a traffic violation during the past six twelve months. For any such minor who has
successfully completed a driver education course that has been approved by the Department of
Education or a driver education course that the secretary of the department of public safety has
determined has been approved by a state government agency in another state, the required
minimum time period for holding the instruction permit in order to qualify for the restricted
minor's permit is ninety continuous days if issued before July 1, 2019, or two hundred seventy-five continuous days if issued on or after July 1, 2019.
A restricted minor's permit entitles the holder, while having the permit in immediate
physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard
time if the motor vehicle is being operated with the permission of the holder's parent or guardian
and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the
direction of the holder's parent or guardian who is occupying a seat beside the holder. The
restrictions as to time of operation and operation under the direction of a parent or guardian do
not apply to the holder of a valid restricted minor's permit operating who is:
(1) Operating a self-propelled agricultural machine which is not subject to registration
under chapter 32-5;
(2) Operating the motor vehicle to attend or to return home from school or a school
event;
(3) Operating the motor vehicle while going directly to or from any religious worship
service held by a religious organization; or
(4) Operating the motor vehicle while going to, from or in connection with any job,
employment or farm-related work.
No holder of a restricted minor's permit may use any type of wireless communication device
while operating a motor vehicle upon the public highways.
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 held a restricted minor's permit for at least six months and has
not been convicted of any traffic violations during the past six months.
Section 4. That § 32-12-12.1 be amended to read:
32-12-12.1. 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 requirements of an instruction permit as outlined in § 32-12-11 or 32-12-11.1 and
has not been convicted of a traffic violation during the past six months. For any minor who has
successfully completed the motorcycle safety education courses provided by § 32-20-14 and a
driver education class that has been approved by the Department of Education or a driver
education course that the secretary of the department of public safety has determined has been
approved by a state government agency in another state, the required minimum time period for
holding the motorcycle instruction permit to qualify for the motorcycle restricted minor's permit
is thirty continuous days if issued before July 1, 2019, or two hundred seventy-five continuous
days if issued on or after July 1, 2019.
A motorcycle restricted minor's permit entitles the holder, while having the permit in
immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m.
standard time if the motorcycle is being operated with the permission of the holder's parents or
guardian.
A South Dakota motorcycle operator's license may be issued to a minor at least sixteen years
of age but less than eighteen years of age who has held a restricted minor's permit for at least
six months and has not been convicted of any traffic violations during the past twelve months.
Section 5. That chapter 32-12 be amended by adding a NEW SECTION to read:
No holder of a restricted minor's permit or instruction permit may operate a motor vehicle
carrying more than one passenger under the age of eighteen years who is not:
(1) A member of the permit holder's immediate family; or
(2) A person whose primary residence is the same household as the permit holder's.
The provisions of this section do not apply if the permit holder is accompanied by a parent
or guardian or any passenger whose primary residence is the same household as the permit
holder and the passenger is at least eighteen years of age. The provisions of this section do not
apply if the permit holder is operating the motor vehicle to attend or return from school or a
school event.
Section 6. That § 32-12-15 be amended to read:
32-12-15. 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 violation of the restrictions in §§ 32-12-11, 32-12-11.1, 32-12-12, 32-12-12.1, 32-12-13,
or 32-12-14, or section 5 of this Act, committed prior to the minor's sixteenth eighteenth
birthday shall suspend the minor's driving privileges according to the following schedule:
(1) A felony or Class 1 misdemeanor traffic conviction--suspension until the minor's
sixteenth birthday or as otherwise required by law;
(2) A first Class 2 misdemeanor traffic conviction or a comparable conviction of any
moving traffic violation of a county or municipal ordinance--suspension for thirty
days or as otherwise required by law;
(3) A first conviction of a violation of the conditions of an instruction permit, a
motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted
minor's permit--suspension for thirty days or as otherwise required by law;
(4) A second Class 2 misdemeanor traffic conviction or a comparable conviction of any
moving traffic violation of a county or municipal ordinance--suspension until the
minor's sixteenth birthday or for ninety days, whichever period is longer, or as
otherwise required by law; and
(5) A second conviction of a violation of the conditions of an instruction permit, a
motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted
minor's permit--suspension until the minor's sixteenth birthday or for ninety days,
whichever period is longer, or as otherwise required by law.
No permit may be suspended for a first violation of §§ 32-14-9.1, 32-21-27, 32-25-5, 32-26-20, or 34A-7-7.
If a minor has no instruction permit, motorcycle instruction permit, restricted minor's permit,
or motorcycle restricted minor's permit and is convicted of any traffic violation prior to the
minor's sixteenth birthday, the department shall suspend or revoke the minor's driving privilege
or privilege to apply for a driver license as provided in this section. A conviction for any traffic
violation that occurs prior to the issuance of an instruction permit, motorcycle instruction
permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's
license or an operator's license shall be placed on the driving record and given the same
consideration as any violation that occurs following the issuance of an instruction permit,
motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit,
motorcycle operator's license, or an operator's license.