32-12-12. Restricted minor's permit--Restrictions on operation.

A restricted minor's permit may be issued, upon application and payment of the proper fees as provided in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of an instruction permit as provided in § 32-12-11 and has not been convicted of a traffic violation during the past six months. For any such minor who has successfully completed a driver education course that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety has determined has been approved by a state government agency in another state, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days if issued before July 1, 2020,or one hundred eighty continuous days if issued on or after July 1, 2020.

A restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard time if the motor vehicle is being operated with the permission of the holder's parent or guardian and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the holder's parent or guardian who is occupying a seat beside the holder. The restrictions as to time of operation do not apply to the holder of a valid restricted minor's permit who is:

(1)    Operating a self-propelled agricultural machine that is not subject to registration under chapter 32-5;

(2)    Operating a motor vehicle while traveling the most direct route to or from school or a school event;

(3)    Operating a motor vehicle while traveling the most direct route to or from any religious worship service or meeting held by a religious organization; or

(4)    Operating a motor vehicle while traveling the most direct route to, from, or in connection with any job, employment, or farm-related work.

No holder of a restricted minor's permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.

An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully completed the requirements set forth in § 32-12-11, has held a restricted minor's permit for at least six months, and has not been convicted of any traffic violations during the six months immediately preceding the application for an operator's license. If the holder applies and makes payment of the required fee thirty-one or more days after the expiration date of the restricted minor's permit, the holder shall take the knowledge test as required by § 32-12-4 and may take the skill test for an operator's license.

Source: SL 1955, ch 187, § 5; SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1970, ch 174; SL 1971, ch 187, § 1; SL 1977, ch 256, § 1; SL 1978, ch 230, § 8; SL 1982, ch 235; SL 1989, ch 265, § 12; SL 1993, ch 213, § 216; SL 1998, ch 186, § 2; SL 2000, ch 155, § 2; SL 2000, ch 156, § 1; SL 2001, ch 171, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 212, § 1; SL 2013, ch 145, § 3; SL 2020, ch 117, § 3.

32-12-12.1. Motorcycle restricted minor's permit--Application requirements--Examination and fee--Restrictions.

A motorcycle restricted minor's permit may be issued, upon application and payment of the proper fee as provided for in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of a motorcycle instruction permit as outlined in § 32-12-11.1 and has not been convicted of a traffic violation during the past six months. For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20-14 and a driver education class that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety has determined has been approved by a state government agency in another state, the required minimum time period for holding the motorcycle instruction permit to qualify for the motorcycle restricted minor's permit is thirty continuous days if issued before July 1, 2020, or one hundred eighty continuous days if issued on or after July 1, 2020.

A motorcycle restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. standard time if the motorcycle is being operated with the permission of the holder's parents or guardian.

A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully completed the requirements set forth in § 32-12-11.1, has held a restricted minor's motorcycle permit for at least six months, and has not been convicted of any traffic violations during the past six months immediately preceding the application for a motorcycle operator's license.

Source: SL 2001, ch 171, § 11; SL 2003, ch 272, § 63; SL 2020, ch 117, § 4.