Repealed by SL 1970, ch 176, § 4.
Repealed by SL 1989, ch 255, § 91.
32-20-12. Off-road vehicles--Operation on certain lands as misdemeanor--Registration--Title certificate.
No person may operate on a public street or highway an off-road vehicle except for crossing from one side of the road to the other. A person twelve years of age or older may operate an off-road vehicle in a highway ditch if the vehicle is operated as close as possible to the outer edge of the highway right-of-way. However, no person may operate an off-road vehicle in a highway ditch along the interstate highway system, or operate an off-road vehicle on any lands owned, leased, or controlled by the Department of Game, Fish and Parks, or any highway ditch located within, except on a designated off-road vehicle area or designated trail, or operate an off-road vehicle in a highway ditch that is designated as part of the state snowmobile trails system pursuant to chapter 41-19 or a public bike trail. A violation of this section is a Class 2 misdemeanor.
Off-road vehicles need not be registered and licensed for use upon the highways except as provided in § 32-20-13. Off-road vehicles shall be titled. The Department of Revenue shall issue a certificate of title for off-road vehicles the same as for other motor vehicles subject to the provisions of chapter 32-3.
Source: SL 1985, ch 238, § 8; SL 1986, ch 259; SL 1987, ch 232; SL 1987, ch 233, § 1; SL 1989, ch 256, § 18.
32-20-12.1. Ordinances prohibiting operation of off-road vehicles in ditches--Exceptions--Regulatory signs.
Notwithstanding the provisions of § 32-20-12, the Transportation Commission or any board of county commissioners by ordinance may prohibit the operation of off-road vehicles in any highway ditch along any section of highway under its jurisdiction. However, neither the Transportation Commission nor any board of county commissioners may prohibit an off-road vehicle from crossing one side of the highway to the other. This section does not affect off-road vehicles used in normal agricultural operation or service vehicles of any utility while in the line of duty for the utility. For the purposes of this section, the term, utility, means any provider of electric, gas, water, sewer, pipeline, or telecommunications service.
Notice of any restriction made pursuant to this section shall be given by placing and maintaining regulatory signs at each end of the section of highway and at each point of intersection. The signs shall be of substantial construction which conspicuously indicates the restriction.
Source: SL 2006, ch 166, § 1; SL 2009, ch 156, § 1.
32-20-13. All-terrain or off-road vehicles licensed as motorcycles--Requirements--Use on interstate highways prohibited--Violation as misdemeanor.
Any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more or any off-road vehicle with two wheels and with a combustion engine having a piston or rotor displacement of one hundred twenty cubic centimeters or more may be licensed as a motorcycle pursuant to chapter 32-5 to be used on a public highway. Prior to being licensed, the vehicle shall meet the necessary light, brake, and other vehicle accessory requirements provided by chapters 32-15, 32-17, and 32-18 that are applicable to motorcycles. Any vehicle licensed pursuant to this section may not be operated on the interstate highway system. A person who operates any vehicle licensed pursuant to this section on the interstate highway system is guilty of a Class 2 misdemeanor.
Source: SL 1987, ch 233, § 2; SL 1989, ch 270, § 1; SL 2017, ch 141, § 1.
32-20-14. Motorcycle safety education--Standards and procedures--Funding.
Any revenue derived from the fee imposed by § 32-5-10.1 and appropriated pursuant to § 32-20-15 shall be used to provide motorcycle safety courses and motorcycle safety education approved by the director of the Office of Highway Safety. The director shall promulgate rules pursuant to chapter 1-26 establishing instruction standards, teacher or instructor certification standards, and course approval procedures. The director shall administer the fund created by § 32-5-10.2, may conduct audits and otherwise examine the records of approved motorcycle courses and may require other information that is considered necessary to evaluate the quality of motorcycle safety courses and safety education.
Source: SL 1992, ch 222, § 3.
32-20-15. Budget and appropriation of revenue available for motorcycle safety education.
Any revenue derived from the fee imposed by § 32-5-10.1 and any other revenue made available to the Department of Public Safety to be used for the purposes of providing motorcycle safety courses and motorcycle safety education shall be budgeted pursuant to chapter 4-7 and appropriated pursuant to chapters 4-8, 4-8A, and 4-8B.
Source: SL 1992, ch 222, § 4; SL 2003, ch 272, § 121.
32-20-16. Display of blue light as part of rear brake light authorized.
A motorcycle may display a blue light of up to one-inch diameter as part of the motorcycle's rear brake light.
Source: SL 2004, ch 215, § 1.
Terms used in §§ 32-20-17 through 32-20-20 mean:
(1) "Off-road vehicle activity," includes:
(a) An off-road vehicle show, competition, performance, parade, hunt, recreational ride, or trail ride;
(b) Off-road vehicle training or teaching activities, or both;
(c) Riding, inspecting, or evaluating an off-road vehicle belonging to another person, whether the owner has received monetary consideration or anything of value for the use of the off-road vehicle or is permitting a prospective purchaser of the off-road vehicle to ride, inspect, or evaluate the off-road vehicle; or
(d) A ride, trip, hunt, or other off-road vehicle activity, however informal or impromptu, that is sponsored by an off-road vehicle activity sponsor;
(2) "Off-road vehicle activity sponsor," includes the following:
(a) An individual, group, club, partnership, or corporation, whether operating for-profit or not-for-profit, that sponsors, organizes, or provides the facilities for an off-road vehicle activity including a club, riding club, hunt club, park, or a school or college-sponsored class, program, or activity;
(b) An operator, instructor, or promoter of an off-road vehicle facility, including any commercial off-road park charging fees to the public or offering private memberships to use the park's trail system and related amenities for off-road vehicle uses, trail system, clubhouse, or arena where the activity is held; or
(c) A landowner who has given permission for the use of the landowner's land in an off-road activity either by easement or other means;
(3) "Off-road vehicle professional," any person who, for compensation, instructs the participant or rents an off-road vehicle to the participant for the purpose of driving or being a passenger on the off-road vehicle, or who rents equipment to a participant;
(4) "Participant," any person, amateur or professional, who engages in off-road vehicle activity, whether or not a fee is paid to participate in the off-road vehicle activity.
Source: SL 2020, ch 120, § 1.
32-20-18. Off-road vehicle activity.
For the purposes of §§ 32-20-17 through 32-20-20, engaging in off-road vehicle activity means riding, providing, assisting in driving, or being a passenger on an off-road vehicle. It does not include being a spectator at an off-road vehicle activity unless the spectator is in an unauthorized area and in immediate proximity to the off-road vehicle activity.
Source: SL 2020, ch 120, § 2.
32-20-19. Assumption of risk of injury.
A participant assumes the risks inherent in engaging in off-road vehicle activity. A participant is responsible for:
(1) Knowing the range of the participant's own ability to engage in off-road vehicle activity within the limits of the participant's ability considering the conditions;
(2) Maintaining control of the off-road vehicle's speed and course at all times while engaging in off-road vehicle activity;
(3) Heeding all posted warnings; and
(4) Refraining from acting in a manner that may cause or contribute to the injury of anyone.
The provisions of this section do not affect a product's liability cause of action based upon the design or manufacture of off-road vehicles or the safety equipment used incidental to the operation of an off-road vehicle.
Source: SL 2020, ch 120, § 3.
32-20-20. Faulty equipment or unsafe conditions--Liability.
Any off-road vehicle activity sponsor or off-road vehicle professional who engages in the business of renting off-road vehicles to another shall maintain the rental off-road vehicles in a safe condition.
An off-road vehicle activity sponsor or off-road vehicle professional who offers off-road vehicles for rent is liable for the death or injury to a participant or other person or property only for an act or omission that constitutes negligence.
Source: SL 2020, ch 120, § 4.