32-12-11. Application for license or permit--Persons at least fourteen and less than eighteen--Instruction permit--Restrictions.

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. 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 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 after holding a valid instruction permit for at least one hundred eighty continuous days if issued before July 1, 2020, or at least two hundred seventy-five days if issued after July 1, 2020. The minor holding the instruction permit issued after July 1, 2020, shall drive a minimum of fifty hours under the supervision of a parent, legal guardian, or licensed driver over the age of eighteen with at least one year of driving experience. Ten of the mandated hours must be in inclement weather and no less than ten hours must be during night time hours. A parent or legal guardian shall attest in writing that the minor has met the instruction permit requirements as set forth in this chapter before the minor can apply for and obtain a restricted minor's permit under § 32-12-12.

Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (1); SL 1977, ch 255; SL 1978, ch 230, § 7; SL 1989, ch 265, § 11; SL 1991, ch 252, § 2; SL 1992, ch 216; SL 1998, ch 186, § 1; SL 2000, ch 155, § 1; SL 2001, ch 171, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 211, § 1; SL 2007, ch 180, § 1; SL 2013, ch 145, § 2; SL 2015, ch 166, § 1; SL 2020, ch 117, § 1.