32-17-4. Periods during which lamps must be lighted--Violation as misdemeanor.

Each motor vehicle on a highway during the period from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred feet ahead, shall be equipped with lighted front and rear lamps for the different classes of motor vehicles as respectively required in §§ 32-17-1 to 32-17-26, inclusive. If a motor vehicle is parked or stopped on a highway, such motor vehicle shall be equipped with lighted front and rear lamps as required in § 32-17-27. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0352 (1); SL 1989, ch 255, § 58; SL 2018, ch 193, § 1.

32-17-4.1. Circumstances exempting law enforcement officers from use of motor vehicle lights.

The requirements of § 32-17-4 do not apply to a law enforcement officer, as defined in § 23-3-27, while operating a motor vehicle owned, leased, or otherwise the property of the state or a political subdivision, in the performance of the officer's law enforcement duties if the officer's conduct is reasonable, and if the officer reasonably believes that operating the vehicle without lights is necessary under the circumstances to investigate a criminal violation or suspected criminal violation of state laws or rules, court orders, or municipal or county laws, ordinances, or regulations. A law enforcement officer may not operate a motor vehicle without lights under this section:

(1)    At speeds greater than what is reasonable and prudent under existing weather, road, and traffic conditions;

(2)    In situations in which the officer is an active participant in pursuing a motor vehicle; or

(3)    Contrary to written policies or procedures established by the law enforcement officer's employer.

Source: SL 1997, ch 192, § 1.