32-32-1      "School bus" defined.
32-32-2      Marking of school bus--When markings to be concealed--Violation as petty offense.
32-32-3      Color of school bus--Exception--Violation as petty offense.
32-32-4      Use of color for other vehicles prohibited--Repainting of buses formerly used--Violation as petty offense.
32-32-5      Flashing red and amber lights required--Exception--Removal from buses formerly used.
32-32-5.1      Buses covered by lighting requirements--Deadline for meeting requirements.
32-32-5.2      Use of red and amber lights by school bus operator--Violation as misdemeanor.
32-32-6      Duty of motorists to slow or stop in obedience to amber or red signal--Exceptions--Violation as misdemeanor.
32-32-7      Highways with separate roadways--Buses stopped in loading zones.
32-32-8      Repealed.
32-32-9      Civil penalty against vehicle failing to stop for school bus.
32-32-10      Civil proceeding for penalty--Lien of penalty.
32-32-11      Lien not applicable to vehicle leased or used without owner's consent--Subordination to security interests.
32-32-12      Stop arm signal required.
32-32-13      Transportation of persons attending conventions by school buses.
32-32-14      Head Start buses to be painted school bus yellow.
32-32-15      Repealed.
32-32-16      Deadline for equipping bus with stop arm signal.

32-32-1. "School bus" defined.

A school bus is any vehicle with a capacity of ten or more pupils and the driver owned or operated by or for a school or a school district as authorized under § 13-29-1, and to transport school children to and from school or in connection with school activities. Buses operated by a federally regulated charter bus service provider used in connection with school activities, other than to daily transport children to and from school, need not meet the requirements of this chapter.

Source: SL 1963, ch 255, § 1; SL 1970, ch 175, § 33; SL 1973, ch 84, § 5; SL 1977, ch 265; SL 1981, ch 249, § 4; SL 2000, ch 85, § 3.

32-32-2. Marking of school bus--When markings to be concealed--Violation as petty offense.

Every school bus owned or operated by or for a school or school district shall bear upon the front and rear thereof plainly visible signs containing the words, school bus, in letters not less than eight inches in height. When any such vehicle is being operated upon a highway for purposes other than the actual transportation, as authorized under § 13-29-1, either to or from school or in connection with school activities all markings thereon indicating school bus shall be covered or concealed. A violation of this section is a petty offense.

Source: SL 1963, ch 255, § 3; SL 1970, ch 175, § 33; SL 1981, ch 249, § 5; SL 1989, ch 255, § 221; SL 1989, ch 276, § 1.

32-32-3. Color of school bus--Exception--Violation as petty offense.

The color of every vehicle which transports ten or more students and is owned or operated by or for a school or school district used for transportation of school children shall be national school bus yellow in color, in accordance with the rules of the South Dakota Board of Education Standards. However, this section does not apply to those buses owned by a school district which are used for transporting children to and from school activities and which are not used to transport children from home to school and back. A violation of this section is a petty offense.

Source: SL 1963, ch 255, § 3; SL 1970, ch 175, § 33; SL 1986, ch 132, § 5; SL 1989, ch 255, § 222; SL 2017, ch 81, § 57.

32-32-4. Use of color for other vehicles prohibited--Repainting of buses formerly used--Violation as petty offense.

No person, persons, or organizations may use the color reserved for school buses as provided in § 32-32-3 in connection with the operation of any other vehicle or vehicles, whether school bus or not, for purposes not connected with or incident to the transportation of school children to and from school and as authorized under § 13-29-1. Any school bus which was formerly used by school districts to transport children shall be completely repainted in a color other than national school bus yellow or any colors commonly referred to as yellow. A violation of this section is a petty offense.

This section does not apply to school buses if rented by or its use has been granted as provided in subdivision 49-28-2(1). This section does not apply to school buses if they are used by a municipality to provide public transportation in times of a local fuel shortage, as determined by the governing body of the municipality.

Source: SL 1963, ch 255, § 5; SL 1972, ch 175, § 3; SL 1981, ch 249, § 1; SL 1986, ch 132, § 6; SL 1989, ch 255, § 223.

32-32-5. Flashing red and amber lights required--Exception--Removal from buses formerly used.

Any school bus with a capacity for ten or more students, used to transport children to and from a public or nonpublic school, shall be equipped on the front and rear with alternately flashing amber caution lights and alternately flashing red signal lights. However, this section does not apply to those buses owned by a school district which are used for transporting children to and from school activities and which are not used to transport children from home to school and back.

Flashing red signal lights and flashing amber caution lights shall be of a type approved by the secretary of public safety. These signals shall be a complete system meeting minimum standards as prescribed by South Dakota Board of Education Standards rules. When a school bus loses its identity as a school bus pursuant to § 32-32-4, the flashing red and amber lights shall be removed.

Source: SL 1963, ch 255, § 3; SL 1970, ch 175, § 33; SL 1974, ch 228, § 1; SL 1984, ch 343, §§ 17, 18; SL 1985, ch 401, § 21, 1986, ch 132, § 7; SL 1989, ch 276, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 20, eff. Apr. 17, 2003; SL 2017, ch 81, § 57.

32-32-5.1. Buses covered by lighting requirements--Deadline for meeting requirements.

The lighting requirements provided by § 32-32-5 shall apply to all school buses, regardless of the date of manufacture of said bus, purchased after July 1, 1974, and all school buses covered by the provisions of this chapter shall meet such requirements by July 1, 1979.

Source: SL 1974, ch 228, § 3.

32-32-5.2. Use of red and amber lights by school bus operator--Violation as misdemeanor.

When stopping to receive or discharge pupils, the operator of a school bus to which § 32-32-5 applies shall cause the amber caution lights to be lighted at a distance of not less than three hundred feet nor more than five hundred feet from the point where the pupils are to be received or discharged from the bus. If the point of receiving or discharging pupils is:

(1)    On the roadway, as defined by § 32-14-1, in a rural, residential, and business district and off the roadway in a residential district, the operator shall bring the bus to a stop, turn off the amber caution lights, turn on the red flashing signal lights and extend the stop signal arm. After receiving or discharging pupils, the operator shall turn off the red flashing signal lights, retract the stop signal, and proceed en route; or

(2)    Off the roadway in a business district and rural district and when discharging or receiving passengers at a school location when the passengers need not cross the lane of traffic, the operator shall bring the bus to a stop and turn off the amber caution lights and not activate the red flashing signal lights. After receiving or discharging passengers, the operator shall proceed en route.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1963, ch 255, § 3; SDCL, § 32-32-5; SL 1970, ch 175, § 33; SL 1974, ch 228, § 1; SL 1975, ch 211, § 1; SL 1976, ch 30, § 4; SL 1977, ch 266; SL 1989, ch 255, § 218; SL 1992, ch 230, § 1.

32-32-6. Duty of motorists to slow or stop in obedience to amber or red signal--Exceptions--Violation as misdemeanor.

The operator of a motor vehicle on a highway that has less than two lanes of travel in each direction or a private road approaching a school bus that has its amber warning lights flashing shall reduce the speed of the vehicle not to exceed fifteen miles per hour and proceed past the school bus with caution. The operator of a motor vehicle approaching a school bus that has its red signal lights flashing shall make a complete stop. The stopped vehicle shall be at least fifteen feet from the school bus and shall remain stopped until the flashing red signal lights are extinguished. A lane that is designated solely for the purpose of turning is not considered a lane of travel for purposes of this section.

The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction does not need to reduce the speed of the vehicle when approaching a school bus that is traveling in the opposite direction if the school bus has its amber warning lights flashing. The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction does not need to stop when approaching a school bus that is traveling in the opposite direction even though the school bus is stopped and has its red signal lights flashing.

The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction approaching a school bus that is traveling in the same direction and has its amber warning lights flashing shall reduce the speed of the vehicle not to exceed fifteen miles per hour and proceed past the school bus with caution. The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction shall make a complete stop when approaching a school bus traveling in the same direction if the school bus is stopped and its red signal lights are flashing.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1963, ch 255, §§ 2, 3; SDCL § 32-32-5; SL 1970, ch 175, § 33; SL 1974, ch 228, § 2; SL 1975, ch 211, § 2; SL 1982, ch 250; SL 1989, ch 255, § 219; SL 1989, ch 277; SL 2017, ch 144, § 1.

32-32-7. Highways with separate roadways--Buses stopped in loading zones.

The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a vehicle used and designated as a school bus which is on a different roadway or when upon a limited or controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway or where pedestrians are not permitted to cross the roadway.

Source: SL 1963, ch 255, § 4; SL 1989, ch 255, § 220.