CHAPTER 32-25
SPEED REGULATION
32-25-1 32-25-1. Repealed by SL 1996, ch 207, § 6.
32-25-1.1 Maximum daytime speed--Violation as misdemeanor.
32-25-2 32-25-2. Repealed by SL 1996, ch 207, § 3.
32-25-3 Requirement that speed be reasonable and lawful under statutes--Violation as misdemeanor.
32-25-4 Maximum speed on interstate highways--Violation as misdemeanor.
32-25-5 Minimum speed on interstate highways--Violation--Exceptions.
32-25-5.1 Unreasonably slow speed prohibited--Violation as misdemeanor.
32-25-5.2 Posting of minimum speeds on particular highways--Violation of minimum speeds as misdemeanor.
32-25-6 Maximum speed for heavy vehicles--Computing gross weight--Violation as misdemeanor.
32-25-6.1 Maximum speed for manufactured homes or mobile homes--Violation as misdemeanor.
32-25-6.2 Maximum speed with solid rubber or cushion tires--Violation as misdemeanor.
32-25-7 Establishment of speed zones--Posting of zones--State or federal roads--Violation as misdemeanor.
32-25-7.1 Establishment of maximum speed limit on any divided four-lane highway in rural areas--Posting of signs--Misdemeanor.
32-25-7.2 32-25-7.2. Repealed by SL 2011, ch 148, § 2, eff. Mar. 3, 2011.
32-25-8 32-25-8. Repealed by SL 1985, ch 259, § 2.
32-25-9 32-25-9. Repealed by SL 1996, ch 207, § 5.
32-25-9.1 Establishment of speed zones by county commissioners--Posting of zones.
32-25-9.2 Township road speed limit--Violation as misdemeanor.
32-25-10 Changing speed or extent of established zone.
32-25-11 32-25-11 to 32-25-11.3. Repealed by SL 1996, ch 207, §§ 7 to 10.
32-25-12 Speed limit in unposted urban areas--Violation as misdemeanor.
32-25-13 Speed limit at obstructed railway crossings--Violation as misdemeanor.
32-25-14 Speed limit in school zones--Violation as misdemeanor.
32-25-14.1 Posted school zones--Uniform traffic control devices--Failure to obey as misdemeanor.
32-25-15 Speed limit at intersections with obstructed view--Violation as misdemeanor.
32-25-16 Exceeding of speed limits as misdemeanor--Power of local authorities to increase limits on through highways.
32-25-17 Posting stop signs at intersections with increased maximum--Illumination of stop signs.
32-25-18 Special speed limits for bridges--Posting signs--Violation of posted speed limit as misdemeanor--Established speed as conclusive maximum safe speed.
32-25-19 Speed limits on posted bridges or structures--Violation as misdemeanor.
32-25-19.1 Limited speed zones--Signs posted--Violation as misdemeanor.
32-25-20 32-25-20. Repealed by SL 1989, ch 255, § 119.
32-25-21 Contents of complaint and summons for violation.
32-25-22 Punishment upon fourth or subsequent conviction--Cancellation of compensation plates--Duration of cancellation.
32-25-23 Racing on highway prohibited--Violation as misdemeanor.
32-25-24 32-25-24. Repealed by SL 1991, ch 260, § 2.
32-25-25 "Racing" defined.
32-25-25.1 Nonprofit snowmobile racing exempt from speed provisions.
32-25-26 32-25-26. Superseded.
32-25-27 Low-speed vehicles.
32-25-28 Exceeding posted speed limit permitted under certain conditions.
32-25-1.1. Maximum daytime speed--Violation as misdemeanor.
Except as provided by § 32-25-4 or pursuant to § 32-25-7, no person may drive a vehicle upon a street or highway at a speed in excess of sixty-five miles per hour. A violation of this section is a Class 2 misdemeanor.
Source: SL 1941, ch 187, § 2; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303; SL 1965, ch 192; SDCL, § 32-25-1; SL 1970, ch 175, § 7; SL 1989, ch 255, § 121; SL 1996, ch 207, § 2.
32-25-3. Requirement that speed be reasonable and lawful under statutes--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to drive a motor vehicle on a highway located in this state at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or provided by the Transportation Commission.
Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (1); SL 1989, ch 255, § 123.
32-25-4. Maximum speed on interstate highways--Violation as misdemeanor.
Except as provided pursuant to § 32-25-7, no person may drive a vehicle upon the national system of interstate highways at a speed in excess of eighty miles per hour. A violation of this section is a Class 2 misdemeanor.
Source: SDC Supp 1960, § 44.0303 (7) as added by SL 1963, ch 253; SL 1985, ch 264, § 4; SL 1989, ch 255, § 124; SL 1996, ch 207, § 1; SL 2015, ch 165, § 26, eff. Apr. 1, 2015.
32-25-5. Minimum speed on interstate highways--Violation--Exceptions.
It is a Class 2 misdemeanor at any time for a person to drive or operate a motor vehicle upon the national system of interstate highways at a speed less than forty miles per hour unless the vehicle is operated pursuant to a permit, issued by the Department of Public Safety. This section does not apply to highway equipment operated by personnel in the performance of highway maintenance duties.
Source: SDC Supp 1960, § 44.0303 (8) as added by SL 1963, ch 253; SL 1964, ch 123, § 1; SL 1989, ch 255, § 125; SL 2022, ch 100, § 1.
32-25-5.1. Unreasonably slow speed prohibited--Violation as misdemeanor.
No person may drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 14, § 1; SL 1989, ch 255, § 126.
32-25-5.2. Posting of minimum speeds on particular highways--Violation of minimum speeds as misdemeanor.
If the transportation commission within its respective jurisdiction determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission may adopt rules setting minimum speed limits below which no person may drive a vehicle except when necessary for safe operation or in compliance with law. A violation of such minimum speed limits is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 14, § 2; SL 1989, ch 255, § 127.
32-25-6. Maximum speed for heavy vehicles--Computing gross weight--Violation as misdemeanor.
The transportation commission may adopt rules setting the maximum speed at which it shall be lawful for any motor vehicle, trailer, or wagon to be driven upon the public highways of this state, the gross weight of which, including the load, is more than ten thousand pounds, or any motor vehicle, trailer, or wagon having gross weight more than eight thousand pounds on one axle, or any motor vehicle, trailer, or wagon having a gross load of over six hundred pounds per inch width of tire, upon any wheel concentrated upon the surface of the highway, said width in the case of rubber tires to be measured between the flanges of the rim. A violation of such rules is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0306; SL 1989, ch 255, § 128.
32-25-6.1. Maximum speed for manufactured homes or mobile homes--Violation as misdemeanor.
No person may drive a vehicle which is towing a manufactured home or mobile home of a width in excess of one hundred two inches at a speed greater than fifty-five miles per hour upon the interstate highway system or greater than forty-five miles per hour upon any other highway. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 14, § 3; SL 1989, ch 255, § 129; SL 1993, ch 238.
32-25-6.2. Maximum speed with solid rubber or cushion tires--Violation as misdemeanor.
No person may drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten miles per hour. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 14, § 4; SL 1989, ch 255, § 130.
32-25-7. Establishment of speed zones--Posting of zones--State or federal roads--Violation as misdemeanor.
The Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26, a maximum speed limit of less than that established by §§ 32-25-1.1 and 32-25-4 upon any highway or portion of highway under the jurisdiction of the Department of Transportation, and any portion of highway under the jurisdiction of a state or federal agency if requested by the agency. The speed limit established by the commission is the maximum speed that any person may drive or operate any vehicle or class of vehicle upon that portion of highway. The Department of Transportation shall conspicuously post signs at the beginning and end of a portion of highway to show the maximum speed limit established by the commission on that portion of highway. A violation of any maximum speed limit established by the commission pursuant to this section is a Class 2 misdemeanor.
Source: SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1955, ch 169; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (2); SL 1987, ch 210, § 33; SL 1989, ch 255, § 131; SL 1996, ch 207, § 4; SL 2014, ch 152, § 1.
32-25-7.1. Establishment of maximum speed limit on any divided four-lane highway in rural areas--Posting of signs--Misdemeanor.
Notwithstanding the provisions of § 32-25-1.1, the Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26, a maximum speed limit of seventy miles per hour upon any divided four-lane highway in a rural area on the state trunk highway system. The speed limit established by the commission is the maximum speed that any person may drive or operate any vehicle or class of vehicle upon that portion of highway. The Department of Transportation shall conspicuously post signs at the beginning and end of a portion of highway to show the maximum speed limit established by the commission on that portion of highway. A violation of any maximum speed limit established by the commission pursuant to this section is a Class 2 misdemeanor.
Source: SL 2005, ch 170, § 1.
32-25-9.1. Establishment of speed zones by county commissioners--Posting of zones.
Any board of county commissioners may determine and establish speed zones upon all or any part of the highways under its jurisdiction and upon streets and highways on the request of and after any other local authority, including any road district, having charge of the maintenance of the highway has declared its intention to post speed zones. Such speed zones shall be conspicuously posted at the beginning and ending of the zones.
Source: SDCL, § 32-25-8 as added by SL 1977, ch 264; SL 1985, ch 259, § 1; SL 1999, ch 151, § 9.
32-25-9.2. Township road speed limit--Violation as misdemeanor.
No person may drive a vehicle on a township road in excess of fifty-five miles per hour. However, notwithstanding the provisions of § 32-25-9.1, any board of township supervisors may determine and establish speed zones upon all or any highways under its jurisdiction. The township board shall notify the county of any changes and the speed zones shall be conspicuously posted at the beginning and ending of the zones. Driving in excess of the speed limit established in this section or by the township board pursuant to this section is a Class 2 misdemeanor.
Source: SL 1997, ch 194, § 1; SL 2015, ch 155, § 1.
32-25-10. Changing speed or extent of established zone.
The transportation commission may change the speed limit or the extent of any limited speed zone established under § 32-25-7 at any time it may deem necessary.
Source: SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (5); SL 1985, ch 259, § 4.
32-25-12. Speed limit in unposted urban areas--Violation as misdemeanor.
In urban areas which are not zoned or posted as provided in § 32-25-7, the maximum lawful speed shall be twenty-five miles per hour. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0303 (5) to (7); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (a); SL 1970, ch 175, § 9; SL 1972, ch 182; SL 1989, ch 255, § 133.
32-25-13. Speed limit at obstructed railway crossings--Violation as misdemeanor.
When approaching within fifty feet of a grade crossing of any railway when the driver's view is obstructed, the maximum speed shall be fifteen miles per hour. A driver's view is obstructed if at any time during the last two hundred feet of his approach to such crossing he does not have a clear and uninterrupted view of any traffic on such railway for a distance of four hundred feet in each direction. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0303 (1); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (b); SL 1970, ch 175, § 10; SL 1989, ch 255, § 134.
32-25-14. Speed limit in school zones--Violation as misdemeanor.
When passing a school during a school recess or while children are going to or leaving school during the opening or closing hours, the maximum lawful speed shall be fifteen miles per hour. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0303 (2); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (c); SL 1970, ch 175, § 11; SL 1989, ch 255, § 135.
32-25-14.1. Posted school zones--Uniform traffic control devices--Failure to obey as misdemeanor.
Municipalities and counties may establish posted school zones to regulate the traffic in the proximity of a school area. All traffic control devices used in school zones shall conform to a manual on traffic control for school areas adopted by the Department of Transportation. The manual shall provide a uniform system of warning, regulating, and guiding traffic through a school area. A municipality and county in the placement of traffic control devices as required by this section shall only be required to replace those currently used devices in the normal course of planned maintenance and replacement. Failure to obey such traffic control devices is a Class 2 misdemeanor.
Source: SL 1980, ch 231; SL 1989, ch 255, § 136.
32-25-15. Speed limit at intersections with obstructed view--Violation as misdemeanor.
When approaching within fifty feet of and when traversing an intersection of highways when the driver's view is obstructed the maximum lawful speed shall be fifteen miles per hour. A driver's view is obstructed if at any time during the last fifty feet of his approach to such intersection, he does not have a clear and uninterrupted view of such intersection and of the traffic upon all of the highways entering such intersection for a distance of two hundred feet from such intersection. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0303 (3); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (d); SL 1970, ch 175, § 12; SL 1989, ch 255, § 137.
32-25-16. Exceeding of speed limits as misdemeanor--Power of local authorities to increase limits on through highways.
It is a Class 2 misdemeanor to exceed any of the speed limitations contained in §§ 32-25-12 to 32-25-15, inclusive. However, local authorities, in their respective jurisdictions, may increase the speed limits on through highways if vehicles are, by ordinance of such local authorities, required to stop before entering or crossing such through highways.
Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SL 1989, ch 255, § 138.
32-25-17. Posting stop signs at intersections with increased maximum--Illumination of stop signs.
Local authorities shall place and maintain upon all through highways under their jurisdiction upon which the permissible speed is increased adequate signs giving notice of such special regulations. Local authorities shall also place and maintain upon each and every highway under their jurisdiction intersecting any said through highway, appropriate stop signs which shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle.
Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SL 1980, ch 211, § 7.
32-25-18. Special speed limits for bridges--Posting signs--Violation of posted speed limit as misdemeanor--Established speed as conclusive maximum safe speed.
The transportation commission upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway, or viaduct, and if it finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the commission shall determine and declare the maximum speed of vehicles which such structure can withstand and shall cause or permit suitable signs stating such maximum speed to be erected and maintained before each end of such structure. Violating such posted speed limits is a Class 2 misdemeanor.
The findings and determination of the commission shall be conclusive evidence of the maximum speed which can with safety to any such structure be maintained thereon.
Source: SDC 1939, § 44.0307; SL 1980, ch 211, § 8; SL 1989, ch 255, § 234.
32-25-19. Speed limits on posted bridges or structures--Violation as misdemeanor.
No person may drive any vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure when such structure is signposted as provided in § 32-25-18. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0307; SL 1970, ch 175, § 13; SL 1989, ch 255, § 139.
32-25-19.1. Limited speed zones--Signs posted--Violation as misdemeanor.
Notwithstanding § 32-25-7 or chapter 1-26, if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree the limited speed zones are necessary for the protection of life and property, the secretary of transportation may establish limited speed zones as follows:
(1) Through highway work areas on the state trunk highways; and
(2) On any segment of the interstate highway system based upon monitored traffic, weather, or road surface conditions.
Temporary reduced speed limits may be established for different times of day, different types of vehicles, varying weather conditions, and any other factor that has a bearing on a safe speed. A limited speed zone is effective when it is conspicuously posted on appropriate fixed or variable signs. The beginning and end of each limited speed zone established under this section shall be conspicuously posted with signs showing the maximum speed permissible. The location and duration of this posting shall be filed with the secretary of transportation. A violation of the speed limit established under the provisions of this section is a Class 2 misdemeanor. Any fine for a violation of this section while workers are present shall be double the usual fine for speeding, but may not exceed the maximum fine for a Class 2 misdemeanor as provided in § 22-6-2. Signs showing that a fine will be double the usual speeding fine shall be erected in advance of the regulatory speed limit signs.
Source: SL 1981, ch 247; SL 1995, ch 184; SL 1995, ch 185; SL 2004, ch 17, § 142; SL 2011, ch 148, § 1, eff. Mar. 3, 2011; SL 2020, ch 123, § 1.
32-25-21. Contents of complaint and summons for violation.
In every prosecution for violation of any of §§ 32-25-1.1 to 32-25-17, inclusive, the complaint, and also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, and also the speed which such section declares shall be lawful at the time and place of such alleged violation.
Source: SDC 1939, § 44.0501.
32-25-22. Punishment upon fourth or subsequent conviction--Cancellation of compensation plates--Duration of cancellation.
Upon a fourth or subsequent conviction of any person for driving a motor truck or trailer at a speed in excess of the limitations fixed by §§ 32-25-1.1 to 32-25-17, inclusive, the court in which such conviction is obtained may, as a part of the judgment, cancel and require the surrender of the compensation plates of the vehicle involved, which plates shall be transmitted to the Department of Public Safety, together with a copy of the judgment; and compensation plates shall not be issued for such vehicle before the expiration of one year from the date of the judgment.
Source: SDC 1939, § 44.9929 as added by SL 1949, ch 173; SL 1953, ch 240; SL 2003, ch 272, § 23.
32-25-23. Racing on highway prohibited--Violation as misdemeanor.
No person may drive any vehicle on a highway in any race, speed competition or contest, acceleration race or contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person may in any manner participate in any such race, competition, contest, test, or exhibition. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 14, §§ 5, 8; SDCL Supp, § 32-25-26; SL 1991, ch 260, § 1.
32-25-25. "Racing" defined.
Racing is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.
Source: SL 1970, ch 175, § 14, § 7.
32-25-25.1. Nonprofit snowmobile racing exempt from speed provisions.
No provision of this chapter is applicable to a person driving or operating a snowmobile in a snowmobile race sponsored by a nonprofit organization duly organized under the laws of this state, provided such sponsoring nonprofit organization obtains the approval of the Department of Public Safety prior to the race regarding the route of the race, and provided further that the race is conducted in accordance with rules promulgated by the Department of Public Safety.
Source: SL 1977, ch 263, § 2; SL 1982, ch 18, § 29; SL 2003, ch 272, § 121.
32-25-27. Low-speed vehicles.
No low-speed vehicle may be operated on any highway where the speed limit is more than thirty-five miles per hour. Nothing in this section prevents a local government from adopting more stringent local ordinances governing low-speed vehicle operation.
Source: SL 2008, ch 147, § 2.
32-25-28. Exceeding posted speed limit permitted under certain conditions.
The speed limit is increased by ten miles per hour over the posted speed limit, if a person is driving a vehicle that is:
(1) On a two-lane highway that has one lane for each direction of travel;
(2) On a highway with a posted speed limit that is equal to or exceeds sixty-five miles per hour;
(3) Overtaking and passing another vehicle proceeding in the same direction of travel; and
(4) Passing a vehicle that is moving slower than the posted speed limit.
Source: SL 2015, ch 172, § 1.
