CHAPTER 32-26
RULES OF THE ROAD
32-26-1 Use of right half of highway required--Slow-moving vehicles--Overtaking and passing excepted--Violation as misdemeanor.
32-26-2 Intersections and grade crossings--Use of right half of highway--Obstructions--Violation as misdemeanor.
32-26-3 Passing oncoming vehicles to right--Yielding one-half of highway--Violation as misdemeanor.
32-26-4 Mountain highways--Curves--Keeping to right--Violation as misdemeanor.
32-26-5 Highways divided by markings.
32-26-6 Lane driving required--Changing lanes--Violation as misdemeanor.
32-26-7 Three-lane highways--Overtaking and passing--Violation as misdemeanor.
32-26-8 Designation of lane for slow-moving traffic--Violation as misdemeanor.
32-26-9 Highways divided by physical barrier--Use of right-hand roadway--Crossing barrier prohibited--Violation as misdemeanor.
32-26-10 Entering controlled-access highway--Violation as misdemeanor.
32-26-11 Prohibition of pedestrians and nonmotorized traffic or motorcycles on controlled-access highway--Maintenance of signs--Violation as misdemeanor.
32-26-12 Applicability of controlled-access provisions.
32-26-13 Right-of-way at intersections--Unlawful speed as forfeiting right-of-way--Violation as misdemeanor.
32-26-14 Entry of highway from alley, building or private road--Violation as misdemeanor.
32-26-15 Yielding right-of-way to emergency vehicles--Duty of driver of emergency vehicle not to exercise right-of-way arbitrarily--Violation as misdemeanor.
32-26-16 Highway equipment and personnel as having right-of-way--Use of left-hand side of highway--Display of light--Reasonable room for traffic--Violation as misdemeanor.
32-26-17 Right-turning vehicle required to keep right--Violation as misdemeanor.
32-26-18 Left-turning vehicle--Manner of making turn--Violation as misdemeanor.
32-26-18.1 Turning from wrong lane prohibited--Turn signal required--Violation as misdemeanor.
32-26-19 Left-turning vehicles--Right-of-way of oncoming vehicle--Signals--Violation as misdemeanor.
32-26-20 Authority to modify method of turning--Violation as misdemeanor--Posting signs--Approval of Department of Transportation.
32-26-21 Driving through safety zone prohibited--Violation as misdemeanor.
32-26-21.1 Driving on sidewalk prohibited--Municipal restrictions on bicycle, motorized foot scooter, or electric personal assistive device operation--Violation as misdemeanor.
32-26-21.2 "Electric personal assistive device" defined.
32-26-21.3 Electric personal assistive devices exempt from provisions of certain chapters.
32-26-21.4 Motorized foot scooter defined.
32-26-21.5 Motorized foot scooter--Exempt from certain vehicle requirements.
32-26-21.6 Motorized scooter ordinances authorized in municipalities.
32-26-22 Starting, stopping, or turning--Lookout--When signals required--Violation as misdemeanor.
32-26-22.1 Stopping or slowing signal required--Improper use of signals--Violation as misdemeanor.
32-26-23 Arm signals, mechanical signals, and electrical signals--Violation as misdemeanor.
32-26-24 Manner of making arm signal--Violation as misdemeanor.
32-26-25 U-turn prohibited in no-passing zone or where unsafe--Violation as misdemeanor.
32-26-26 Overtaking vehicles--Passing to left required--Cutting in front prohibited--Violation as misdemeanor.
32-26-26.1 Overtaking bicycle--Minimum separation--Violation as misdemeanor.
32-26-27 Overtaking and passing on right--Circumstances under which permitted--Violation as misdemeanor.
32-26-28 Passing on right--Driving off pavement prohibited--Violation as misdemeanor.
32-26-29 32-26-29. Repealed by omission from SL 1968, ch 172.
32-26-30 Overtaking and passing within business or residence district--Violation as misdemeanor.
32-26-31 Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor.
32-26-32 32-26-32, 32-26-33. Repealed by SL 1968, ch 173, § 1.
32-26-34 Passing by crossing highway center line when vision is obscured--Violation as misdemeanor.
32-26-35 Driving to left on grade or curve--Obstructed view--Violation as misdemeanor.
32-26-36 Driving to left on approach to intersection, grade crossing, bridge, or tunnel--Violation as misdemeanor.
32-26-36.1 Driving to left permitted on one-way roads or in turning.
32-26-37 Passing in no-passing zone--Violation as misdemeanor.
32-26-38 Designation of hazardous passing zones--Signs and markings--Violation as misdemeanor.
32-26-39 Designation of no-passing zones--Pavement striping marking no-passing zone--Violation as misdemeanor.
32-26-40 Following too closely--Violation as misdemeanor.
32-26-41 Minimum distance between trucks or towed vehicles--Exception for overtaking--Violation as misdemeanor.
32-26-42 Minimum space in caravans and motorcades--Exceptions--Violation as misdemeanor.
32-26-43 Maximum number of passengers in front--Violation as misdemeanor.
32-26-44 Passenger not to interfere with driver's view or control--Violation as misdemeanor.
32-26-45 32-26-45. Repealed by SL 1989, ch 255, § 140.
32-26-46 Definitions.
32-26-47 Repealed.
32-26-47.1 Use of mobile electronic device--Prohibitions--Violation as misdemeanor--Exceptions.
32-26-47.2 Social networking sites--Prohibition--Violation as misdemeanor.
32-26-48 Seizure of handheld electronic wireless communication device.
32-26-49 Distracted drivers public awareness campaign.
32-26-50 Promulgation of rules authorizing certain motor vehicles to travel at electronically coordinated speeds and distance intervals closer than otherwise allowed.
32-26-51 Funeral procession--Definitions.
32-26-52 Funeral procession--Law enforcement officer.
32-26-53 Funeral procession--Intersections.
32-26-54 Funeral procession--Motor vehicles in procession.
32-26-55 Funeral procession--Other vehicles--Violation as misdemeanor.
32-26-56 Funeral procession--Liability.
32-26-1. Use of right half of highway required--Slow-moving vehicles--Overtaking and passing excepted--Violation as misdemeanor.
Upon all highways of sufficient width, except upon one-way streets, the driver of a vehicle shall drive the same upon the right half of the highway and shall drive a slow-moving vehicle as closely as possible to the right-hand edge or curb of such highway, unless it is impracticable to travel on such side of the highway and except when overtaking and passing another vehicle subject to the limitations applicable in overtaking and passing set forth in §§ 32-26-26 to 32-26-39, inclusive. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0309; SL 1989, ch 255, § 141.
32-26-2. Intersections and grade crossings--Use of right half of highway--Obstructions--Violation as misdemeanor.
In crossing an intersection of highways or the intersection of a highway by a railroad right-of-way, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0310; SL 1989, ch 255, § 142.
32-26-3. Passing oncoming vehicles to right--Yielding one-half of highway--Violation as misdemeanor.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0311; SL 1989, ch 255, § 143.
32-26-4. Mountain highways--Curves--Keeping to right--Violation as misdemeanor.
The driver of a motor vehicle traversing defiles, canyons, or mountain highways shall hold such motor vehicle under control and as near the right-hand side of the highway as reasonably possible. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0327; SL 1989, ch 255, § 144; SL 1989, ch 256, § 23.
32-26-5. Highways divided by markings.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic the rules set forth in §§ 32-26-6 to 32-26-10, inclusive, shall apply in addition to all others consistent therewith.
Source: SL 1961, ch 150, § 1.
32-26-6. Lane driving required--Changing lanes--Violation as misdemeanor.
On a roadway divided into lanes, a vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from such lane until the driver has first ascertained that such movement can be made with safety. A violation of this section is a Class 2 misdemeanor.
Source: SL 1961, ch 150, § 1 (1); SL 1989, ch 255, § 145.
32-26-7. Three-lane highways--Overtaking and passing--Violation as misdemeanor.
Upon a roadway which is divided into three lanes, a vehicle may not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is marked or signposted to give notice of such allocation. A violation of this section is a Class 2 misdemeanor.
Source: SL 1961, ch 150, § 1 (2); SL 1989, ch 255, § 146.
32-26-8. Designation of lane for slow-moving traffic--Violation as misdemeanor.
Official signs may be erected on a roadway divided into lanes directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. A violation of this section is a Class 2 misdemeanor.
Source: SL 1961, ch 150, § 1 (3); SL 1989, ch 255, § 147.
32-26-9. Highways divided by physical barrier--Use of right-hand roadway--Crossing barrier prohibited--Violation as misdemeanor.
If any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle may be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or at a crossover or intersection established by public authority. A violation of this section is a Class 2 misdemeanor.
Source: SL 1961, ch 150, § 2; SL 1989, ch 255, § 148.
32-26-10. Entering controlled-access highway--Violation as misdemeanor.
No person may drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. A violation of this section is a Class 2 misdemeanor.
Source: SL 1961, ch 150, § 3; SL 1989, ch 255, § 149.
32-26-11. Prohibition of pedestrians and nonmotorized traffic or motorcycles on controlled-access highway--Maintenance of signs--Violation as misdemeanor.
The transportation commission may, by rule adopted pursuant to chapter 1-26, and local authorities may by ordinance, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of any such roadway by pedestrians, bicycles, or other nonmotorized traffic or by any person operating a motor-driven cycle.
The Department of Transportation or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the controlled-access roadway on which such regulations are applicable. If so erected no person may disobey the restrictions stated on such signs. The violation for failure to obey a regulatory sign under this section is a Class 2 misdemeanor.
Source: SL 1961, ch 150, § 3; SL 1987, ch 210, § 35; SL 1989, ch 255, §§ 163, 182.
32-26-12. Applicability of controlled-access provisions.
Sections 32-26-10 and 32-26-11 are supplementary to and not in lieu of the provisions of chapter 31-8.
Source: SL 1961, ch 150, § 3.
32-26-13. Right-of-way at intersections--Unlawful speed as forfeiting right-of-way--Violation as misdemeanor.
When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right except as otherwise provided in §§ 32-26-14 to 32-26-16, inclusive. The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have hereunder. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1989, ch 255, § 150.
32-26-14. Entry of highway from alley, building or private road--Violation as misdemeanor.
The driver of a vehicle about to enter or cross a public highway from an alley, building, private road, or driveway shall yield the right-of-way to all vehicles approaching on such public highway. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0319; SL 1945, ch 189; SL 1959, ch 252, § 2; SL 1970, ch 175, § 15; SL 1989, ch 255, § 151.
32-26-15. Yielding right-of-way to emergency vehicles--Duty of driver of emergency vehicle not to exercise right-of-way arbitrarily--Violation as misdemeanor.
The driver of a vehicle upon a highway shall yield the right-of-way to police and fire department vehicles and ambulances if they are operated upon official business and the drivers give an audible signal by bell, siren, or exhaust whistle or visual signal by flashing, oscillating, or rotating beams of red light or combinations of red, blue, or white light visible one hundred eighty degrees to the front of the vehicle. The provisions of this section do not relieve the driver of a police, fire department vehicle, or ambulance from the duty to drive with due regard for the safety of all persons using the highway nor does it protect the driver of any such vehicle from the consequence of an arbitrary exercise of such right-of-way. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0319; SL 1945, ch 189; SL 1989, ch 255, § 152; SL 2007, ch 186, § 4.
32-26-16. Highway equipment and personnel as having right-of-way--Use of left-hand side of highway--Display of light--Reasonable room for traffic--Violation as misdemeanor.
Highway equipment and personnel in the performance of their duties of maintaining the highway shall have the preference of right-of-way and shall be permitted to drive upon the left-hand side of the traveled portion of the highway for the purpose of dumping materials, for repairing the highway, and also for smoothing the road surface.
Highway equipment shall, at all times, display a flashing or revolving light to warn the traveling public. However, highway equipment may not indiscriminately block the traffic, but shall allow reasonable room on the traveled portion of the highway for other vehicles to pass. The equipment may not be bound by the provisions of this chapter to turn to the right when meeting other vehicles or allowing them to pass when work requires such equipment to remain on the other side of the traveled portion of the highway. The equipment is subject to the laws of travel as provided in this chapter, unless the performance of maintenance work requires otherwise. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0319; SL 1945, ch 189; SL 1976, ch 201; SL 1987, ch 210, § 36; SL 1989, ch 255, § 153.
32-26-17. Right-turning vehicle required to keep right--Violation as misdemeanor.
Except as otherwise provided in § 32-26-20, the driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway, and in turning shall keep as closely as practicable to the right-hand curb or edge of the highway. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0316; SL 1989, ch 255, § 154.
32-26-18. Left-turning vehicle--Manner of making turn--Violation as misdemeanor.
The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. If practicable, the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0316; SL 1970, ch 175, § 16; SL 1982, ch 226, § 9; SL 1989, ch 255, § 155.
32-26-18.1. Turning from wrong lane prohibited--Turn signal required--Violation as misdemeanor.
No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required by §§ 32-26-17 and 32-26-18. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 21, § 2; SL 1989, ch 255, § 156.
32-26-19. Left-turning vehicles--Right-of-way of oncoming vehicle--Signals--Violation as misdemeanor.
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. The driver after having so yielded and having given a signal when and as required by this chapter, may make such left turn. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1961, ch 224; SL 1989, ch 255, § 157; SL 1994, ch 262.
32-26-20. Authority to modify method of turning--Violation as misdemeanor--Posting signs--Approval of Department of Transportation.
The Department of Transportation or local authorities in their respective jurisdictions may modify the method of turning at intersections provided by §§ 32-26-17 and 32-26-18 by clearly indicating by buttons, markers, or other direction signs installed within an intersection the course to be followed by vehicles turning thereat. It is a Class 2 misdemeanor for any driver to fail to turn in a manner as so directed. No such signs or buttons shall be placed upon any state highway without the approval of the Department of Transportation. When an intersection is so constructed and laid out that different and clearly defined courses of travel are provided for vehicles turning to the left or right, as the case may be, it shall be lawful for any driver in making any such turn to follow the course thereby indicated.
Source: SDC 1939, § 44.0316; SL 1978, ch 158, § 52.
32-26-21. Driving through safety zone prohibited--Violation as misdemeanor.
No driver of a vehicle may, at any time, drive through or over a safety zone as defined in § 32-14-1. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0323; SL 1989, ch 255, § 158.
32-26-21.1. Driving on sidewalk prohibited--Municipal restrictions on bicycle, motorized foot scooter, or electric personal assistive device operation--Violation as misdemeanor.
No person may drive any vehicle other than a bicycle, motorized foot scooter, or an electric personal assistive device upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. The local governing body of a municipality may restrict a bicycle, motorized foot scooter, or an electric personal assistive device from operating upon a sidewalk or sidewalk area. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 11; SL 1982, ch 226, § 2; SL 1989, ch 255, § 159; SL 2002, ch 161, § 2; SL 2021, ch 137, § 1.
32-26-21.2. "Electric personal assistive device" defined.
For the purposes of §§ 32-26-21.2 to 32-26-21.3, inclusive, the term, electric personal assistive device, means a self-balancing two non-tandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less.
Source: SL 2002, ch 161, § 1.
32-26-21.3. Electric personal assistive devices exempt from provisions of certain chapters.
An electric personal assistive device is exempt from the provisions of chapters 32-3, 32-5, 32-5A, 32-5B, 32-6B, 32-15, 32-17, 32-18, 32-20, 32-37, and 37-5.
Source: SL 2002, ch 161, § 3.
32-26-21.4. Motorized foot scooter defined.
For the purposes of §§ 32-26-21.1 to 32-26-21.6, inclusive, the term, motorized foot scooter, means a wheeled conveyance, with handlebars, designed to be stood or sat upon by the operator, and powered by an electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two twelve inch or smaller diameter wheels and has a motor that is capable of a maximum speed of fifteen miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. An electric bicycle is not a motorized foot scooter.
Source: SL 2021, ch 137, § 2; SL 2022, ch 101, § 2, eff. Mar. 16, 2022.
32-26-21.5. Motorized foot scooter--Exempt from certain vehicle requirements.
A motorized foot scooter is exempt from the provisions of chapters 32-3, 32-5, 32-5A, 32-5B, 32-6B, 32-14, 32-15, 32-20, 32-35, 32-37, and 37-5.
Source: SL 2021, ch 137, § 3; SL 2022, ch 101, § 3, eff. Mar. 16, 2022.
32-26-21.6. Motorized scooter ordinances authorized in municipalities.
Notwithstanding the provisions of § 32-25-27, a municipality may adopt, by ordinance, traffic regulations permitting the use of a motorized foot scooter on any street, bike path, or multi-use path within its platted boundaries.
Source: SL 2022, ch 101, § 1, eff. Mar. 16, 2022.
32-26-22. Starting, stopping, or turning--Lookout--When signals required--Violation as misdemeanor.
The driver of any vehicle upon a highway before starting, stopping, or turning from a direct line shall first see that such movement can be made in safety and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement shall give a signal as required in § 32-26-23 plainly visible to the driver of such other vehicle of the intention to make such movement. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0317; SL 1949, ch 166; SL 1989, ch 255, § 160.
32-26-22.1. Stopping or slowing signal required--Improper use of signals--Violation as misdemeanor.
No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in § 32-26-23 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. The signal provided in § 32-26-23 shall be used to indicate an intention to turn, change lanes, or stop and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 21, § 2; SL 1989, ch 255, § 161.
32-26-23. Arm signals, mechanical signals, and electrical signals--Violation as misdemeanor.
The signal required in § 32-26-22 shall be given either by means of the hand and arm in the manner specified in § 32-26-24, or by an approved mechanical or electrical signal device. However, if a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, the signal shall be given by device of a type which has been approved by the Department of Public Safety. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0317; SL 1949, ch 166; SL 1989, ch 255, § 162; SL 2004, ch 17, § 143.
32-26-24. Manner of making arm signal--Violation as misdemeanor.
If the signal required by §§ 32-26-22 and 32-26-23 is given by means of the hand and arm, the driver shall indicate his intention to start, stop, or turn by extending the hand and arm from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn: hand and arm extended horizontally.
(2) Right turn: hand and arm extended upward.
(3) Stop or decrease speed: hand and arm extended downward.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0317; SL 1949, ch 166; SL 1989, ch 255, § 164.
32-26-25. U-turn prohibited in no-passing zone or where unsafe--Violation as misdemeanor.
No vehicle, within a no-passing zone that is designated and marked in accord with § 32-26-38, may be turned so as to proceed in the opposite direction, nor may any such turning movement be otherwise made unless it can be made in safety and without interfering with other traffic. A violation of this section is a Class 2 misdemeanor.
Source: SL 1967, ch 216; SL 1975, ch 209; SL 1989, ch 255, § 165.
32-26-26. Overtaking vehicles--Passing to left required--Cutting in front prohibited--Violation as misdemeanor.
The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof. The driver of an overtaking vehicle shall pass at a safe distance to the side of an overtaken vehicle and may not cut in front of the latter until safely clear of the overtaken vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0312; SL 1966, ch 131; SL 1968, ch 172; SL 1989, ch 255, § 166.
32-26-26.1. Overtaking bicycle--Minimum separation--Violation as misdemeanor.
The driver of any motor vehicle overtaking a bicycle proceeding in the same direction shall allow a minimum of a three foot separation between the right side of the driver's vehicle, including any mirror or other projection, and the left side of the bicycle if the posted limit is thirty-five miles per hour or less and shall allow a minimum of six feet separation if the posted limit is greater than thirty-five miles per hour. Notwithstanding any other provision of law, a motor vehicle overtaking a bicycle proceeding in the same direction may partially cross the highway centerline or the dividing line between two lanes of travel in the same direction if it can be performed safely. The driver of the motor vehicle shall maintain that separation until safely past the overtaken bicycle. A violation of this section is a Class 2 misdemeanor.
Source: SL 2015, ch 173, § 1.
32-26-27. Overtaking and passing on right--Circumstances under which permitted--Violation as misdemeanor.
The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn;
(2) Upon a street or highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction;
(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0312 as added by SL 1966, ch 131; SL 1968, ch 172; SL 1989, ch 255, § 167.
32-26-28. Passing on right--Driving off pavement prohibited--Violation as misdemeanor.
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. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0312 as added by SL 1966, ch 131; SL 1968, ch 172; SL 1989, ch 255, § 168.
32-26-30. Overtaking and passing within business or residence district--Violation as misdemeanor.
The driver of a vehicle within a business or residence district may not deviate from his direct line of travel without ascertaining that such movement can be made with safety to other vehicles approaching from the rear and about to overtake and pass such first mentioned vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0312; SL 1966, ch 131; SL 1968, ch 172; SL 1989, ch 255, § 169.
32-26-31. Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor.
Unless overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and may not increase the speed of his vehicle until completely passed by the overtaking vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0314; SL 1966, ch 132; SL 1989, ch 255, § 170.
32-26-34. Passing by crossing highway center line when vision is obscured--Violation as misdemeanor.
No driver of a vehicle may drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0313; SL 1953, ch 230; SL 1967, ch 192; SL 1989, ch 255, § 171.
32-26-35. Driving to left on grade or curve--Obstructed view--Violation as misdemeanor.
No person may drive any vehicle on the left side of the roadway when approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard if another vehicle is approaching from the opposite direction. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0313; SL 1953, ch 230; SL 1967, ch 192; SL 1970, ch 175, § 17; SL 1989, ch 255, § 172.
32-26-36. Driving to left on approach to intersection, grade crossing, bridge, or tunnel--Violation as misdemeanor.
No vehicle may be driven on the left side of the roadway when approaching within one hundred feet of or traversing any intersection or railroad grade crossing or when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0313; SL 1953, ch 230; SL 1967, ch 192; SL 1970, ch 175, § 18; SL 1989, ch 255, § 173.
32-26-36.1. Driving to left permitted on one-way roads or in turning.
The limitations of §§ 32-26-35 and 32-26-36 shall not apply upon a one-way roadway, nor to the driver of a vehicle turning left into or from an alley, private road, or driveway.
Source: SL 1970, ch 175, § 19.
32-26-37. Passing in no-passing zone--Violation as misdemeanor.
The driver of a vehicle may not overtake and pass any other vehicle proceeding in the same direction when traveling in a no-passing zone on highways or bridges when either marked by signs or lines on the roadways. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0313 as added by SL 1953, ch 230; SL 1967, ch 192; SL 1989, ch 255, § 174.
32-26-38. Designation of hazardous passing zones--Signs and markings--Violation as misdemeanor.
The Department of Transportation may determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. If such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0313 as added by SL 1967, ch 192; SL 1989, ch 255, § 175.
32-26-39. Designation of no-passing zones--Pavement striping marking no-passing zone--Violation as misdemeanor.
Where signs or markings are in place to define a no-passing zone as set forth in § 32-26-38, no driver may, at any time, drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designated to mark such no-passing zone throughout its length. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0313 as added by SL 1967, ch 192; SL 1989, ch 255, § 176.
32-26-40. Following too closely--Violation as misdemeanor.
The driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and condition of the highway. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0315; SL 1953, ch 231; SL 1955, ch 170; SL 1970, ch 175, § 20; SL 1989, ch 255, § 177.
32-26-41. Minimum distance between trucks or towed vehicles--Exception for overtaking--Violation as misdemeanor.
The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residence district, and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger. However, a motor truck or motor vehicle is not prevented from drawing another vehicle from overtaking and passing any like vehicle or other vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0315; SL 1953, ch 231; SL 1955, ch 170; SL 1970, ch 175, § 20; SL 1989, ch 255, § 178.
32-26-42. Minimum space in caravans and motorcades--Exceptions--Violation as misdemeanor.
Any motor vehicle being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision does not apply to funeral processions or processions controlled by law enforcement for security of people or property. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 21, § 1; SL 1989, ch 255, § 179; SL 1989, ch 256, § 24.
32-26-43. Maximum number of passengers in front--Violation as misdemeanor.
No person may drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 12; SL 1989, ch 255, § 180.
32-26-44. Passenger not to interfere with driver's view or control--Violation as misdemeanor.
No passenger in a vehicle may ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 175, § 31, § 13; SL 1989, ch 255, § 181.
32-26-46. Definitions.
Terms used in §§ 32-26-47.1, 32-26-47.2, and 32-26-48 mean:
(1) "Operate," to drive or assume physical control of a motor vehicle upon a highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. The term does not include a motor vehicle that is lawfully parked;
(2) "Mobile electronic device," any hand-held or portable electronic device capable of providing wireless data or voice communication between two or more persons or amusement, including a cellular telephone, broadband personal communication device, two-way messaging device, text messaging device, pager, electronic device that can receive or transmit text or character-based images, access or store data, or connect to the internet, personal digital assistant, laptop computer, computer tablet, stand-alone computer, portable computing device, mobile device with a touchscreen display that is designed to be worn, electronic game, equipment that is capable of playing a video, taking photographs, capturing images, or recording or transmitting video, and any similar device that is readily removable from a vehicle and is used to write, send, or read text or data or capture images or video through manual input. The term does not include a radio designed for the citizens band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device;
(3) "Social networking site," any web-based service that allows persons to construct a profile within a founded system and communicate with other users of the site.
Source: SL 2014, ch 153, § 2; SL 2020, ch 124, § 1.
32-26-47.1 . Use of mobile electronic device--Prohibitions--Violation as misdemeanor--Exceptions.
No person may operate a motor vehicle while using a mobile electronic device. A violation of this section is a Class 2 misdemeanor.
This section does not apply to:
(1) A law enforcement officer, firefighter, emergency medical technician, paramedic, operator of an authorized emergency vehicle, or similarly engaged paid or volunteer public safety first responder during the performance of that person's official duties, and a public utility employee or contractor acting within the scope of that person's employment;
(2) The use of a mobile electronic device for emergency purposes, including a text messaging device to contact a 911 system, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity, or to report to appropriate authorities a fire, traffic accident, serious road hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs, or to report a crime;
(3) The use of a global positioning or navigation system feature of a mobile electronic device, but does apply to manually entering information into the global positioning or navigation system feature of the device;
(4) Reading, selecting, or entering a telephone number or name in a mobile electronic device for the purpose of making or receiving a telephone call and using the device for the call, or if a person otherwise activates or deactivates a feature or function of a mobile electronic device; or
(5) The use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use the operator's hands to operate the device, except to activate or deactivate a feature or function of the device.
Source: SL 2020, ch 124, § 2.
32-26-47.2 . Social networking sites--Prohibition--Violation as misdemeanor.
No person may access, read, or post to a social networking site while operating a motor vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SL 2020, ch 124, § 3.
32-26-48. Seizure of handheld electronic wireless communication device.
No mobile electronic device used in violation of § 32-26-47.1 or 32-26-47.2 may be seized by a law enforcement officer to establish a violation of either of those sections. However, a mobile electronic device may be seized upon compliance with the search and seizure requirements in chapter 23A-35.
Source: SL 2014, ch 153, § 4; SL 2020, ch 124, § 4.
32-26-49. Distracted drivers public awareness campaign.
The Department of Public Safety shall expend lawfully appropriated funds to develop and communicate a distracted drivers public awareness campaign.
Source: SL 2014, ch 153, § 3.
32-26-50. Promulgation of rules authorizing certain motor vehicles to travel at electronically coordinated speeds and distance intervals closer than otherwise allowed.
The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, to authorize the testing and operation of groups of individual motor vehicles traveling in a unified manner at electronically coordinated speeds and distance intervals that are closer than otherwise allowed under §§ 32-26-40 to 32-26-42, inclusive. The commission may include in the rules:
(1) The procedures for the requesting and granting of authority for testing and operation;
(2) A fee, not to exceed one hundred dollars, to cover the administrative costs of granting authority for testing and operation;
(3) Reporting requirements;
(4) Authorized routes;
(5) Authorized times and periods of operation;
(6) Authorized vehicle types;
(7) Required vehicle markings;
(8) Driver requirements;
(9) Prohibited use related to weather, highway conditions, special events, traffic incidents, emergencies or other contingencies; and
(10) Any speed, size, and operational restrictions the commission deems appropriate.
Source: SL 2019, ch 131, § 1.
32-26-51. Funeral procession--Definitions.
Terms used in §§ 32-26-51 through 32-26-56 mean:
(1) "Funeral escort vehicle," an authorized emergency vehicle operating with visible flashing or strobing emergency lights;
(2) "Funeral lead vehicle," any motor vehicle including a funeral hearse that is carrying the remains of a deceased person, leading and facilitating the movement of a funeral procession;
(3) "Funeral procession," two or more motor vehicles, one of which is carrying the remains of a deceased person, including a funeral lead vehicle or a funeral escort vehicle.
Source: SL 2020, ch 125, § 1.
32-26-52 . Funeral procession--Law enforcement officer.
Notwithstanding any traffic-control device or provision governing the right-of-way, a law enforcement officer leading a funeral procession may proceed through any intersection or make any turn or other movement necessary while leading the procession. The officer, without regard to any traffic-control device or provision governing the right-of-way, may direct the operator of any other motor vehicle not in the funeral procession to stop, turn, proceed, or make another movement. When leading the funeral procession, the officer shall operate a funeral escort vehicle.
Source: SL 2020, ch 125, § 2.
32-26-53 . Funeral procession--Intersections.
Notwithstanding any traffic-control device or provision governing the right-of-way, if a law enforcement officer operating a funeral escort vehicle enters an intersection, the remainder of the vehicles in the funeral procession may follow through the intersection. The driver of each vehicle in the procession shall exercise reasonable care toward any other vehicle or pedestrian on the roadway.
Source: SL 2020, ch 125, § 3.
32-26-54 . Funeral procession--Motor vehicles in procession.
Notwithstanding any traffic-control device or provision governing the right-of-way, any motor vehicle in a funeral possession has the right-of-way if the following conditions are met:
(1) Each motor vehicle in the funeral procession displays lighted headlamps, tail lamps, and flashing hazard or warning turn signal lamps;
(2) Each motor vehicle in the funeral procession follows the preceding motor vehicle in the procession as closely as is safe and practicable; and
(3) The operator of each motor vehicle in the funeral procession yields the right of way to any approaching emergency vehicle when directed to do so by a law enforcement officer or when the vehicle is giving an audible or visual signal.
If any motor vehicle in the funeral procession becomes separated from the funeral procession and the funeral escort vehicle so that the procession is no longer continuous, the operator of the motor vehicle shall proceed to the destination obeying all traffic signals and general rules of the road.
Source: SL 2020, ch 125, § 4.
32-26-55 . Funeral procession--Other vehicles--Violation as misdemeanor.
The following provisions apply to any motor vehicle not in a funeral procession when approaching or being approached by a funeral procession:
(1) The operator of a motor vehicle not in a funeral procession may not drive between the vehicles comprising a funeral procession while those vehicles are in motion unless authorized to do so by a law enforcement officer or unless the vehicle is an emergency vehicle giving an audible or visible signal;
(2) The operator of a motor vehicle not in a funeral procession may not join a funeral procession for the purpose of securing the right-of-way granted under § 32-26-53 ;
(3) The operator of a motor vehicle not in a funeral procession may not pass the vehicles in a funeral procession on any two-lane highway or roadway;
(4) Notwithstanding the provisions of §§ 32-26-15 and 32-31-6 , the operator of a motor vehicle not in a funeral procession may pass a funeral procession on the left on any highway having two or more lanes traveling in the same direction as the procession if the passing can be done safely. If the funeral procession is in the farthest left lane, the operator may pass a procession on the right if the passing can be done safely; and
(5) If a funeral procession is proceeding through a red signal as permitted under § 32-26-53 , the operator of a motor vehicle not in the funeral procession may not enter the intersection unless the operator can do so without crossing the path of the funeral procession.
A violation of any provision in this section is a Class 2 misdemeanor.
Source: SL 2020, ch 125, § 5.
32-26-56 . Funeral procession--Liability.
Liability for any death, personal injury, or property damage suffered by any person in a funeral procession may not be imposed upon a funeral establishment, the director of a funeral establishment, any agent or employee of a funeral establishment, any law enforcement agency or any law enforcement officer operating a funeral escort vehicle unless the death, personal injury or property damage is proximately caused by a negligent or intentional act or omission of the funeral director, an agent or employee of a funeral establishment, or the law enforcement officer operating the funeral escort vehicle.
Liability for any death, personal injury or property damage that results from, is caused by, or arises out of any action or inaction of any operator of a motor vehicle in a funeral procession under the control of a funeral establishment or the law enforcement officer operating a funeral escort vehicle may not be imposed upon the funeral establishment, the director of the funeral establishment, any agent or employee of the funeral establishment, any law enforcement agency or the law enforcement officer operating a funeral escort vehicle unless the death, personal injury or property damage is proximately caused by a negligent or intentional act or omission of the director of the funeral establishment, an agent or employee of the funeral establishment, or the law enforcement officer operating the funeral escort vehicle.
For the purposes of §§ 32-26-51 through 32-26-55 and this section, the operator of a motor vehicle in a funeral procession is not an agent of the funeral establishment unless the operator is an employee of the funeral establishment and is acting in the course of the operator's employment or unless the operator was retained as an independent contractor of the funeral establishment and is performing services under the terms of the contract.
Nothing in this section waives the sovereign immunity of the public entities of this state or the employees of this state.
Source: SL 2020, ch 125, § 6.
