32-18-1      Brakes required on particular vehicles--Violation as misdemeanor.
32-18-1.1      Certain farm vehicles exempt.
32-18-1.2      Fertilizer and agricultural chemical trailers exempt--Exception for new vehicles.
32-18-2      Wheels on which brakes must act--Particular vehicles.
32-18-3      Trailers, semitrailers, or pole trailers exempt from all-wheel requirement.
32-18-4      Towed vehicles exempt from all-wheel requirement.
32-18-5      Multiaxle trucks and truck tractors exempt from all-wheel requirement.
32-18-6      Motorcycles exempt from all-wheel requirement.
32-18-7      Service brakes required--Exceptions--Adequacy--Violation as misdemeanor.
32-18-8      Capabilities of service brakes--Braking force--Stopping distance--Classification of particular vehicles--Violation as misdemeanor.
32-18-9      Testing of brakes.
32-18-10      Single control device operating all service brakes--Violation as misdemeanor--Additional control devices.
32-18-11      Towing vehicles with air brakes--Application of trailer brakes--Automatic application--Manual application--Violation as misdemeanor.
32-18-12      Towing vehicles with vacuum brakes--Operation of towed vehicle brakes--Independent control system--Automatic application--Violation as misdemeanor.
32-18-13      Parking brakes--Violation as misdemeanor.
32-18-14      Capability of parking brake--Parking brake assisted by service brake.
32-18-15      Continuing application of parking brake.
32-18-16      Use of same braking mechanism for service and parking brakes.
32-18-17      Trailers with air or vacuum brakes--Automatic continuing operation--Violation as misdemeanor.
32-18-18      Brakes on towing vehicle in case towed vehicle breaks away--Violation as misdemeanor.
32-18-19      Buses and trucks with air brakes--Reservoir--Violation as misdemeanor.
32-18-20      Buses and trucks with air brakes--Warning signal for low air pressure--Pressure gauge--Violation as misdemeanor.
32-18-21      Multiaxle trucks equipped with vacuum assistor brakes--Vacuum reservoir--Violation as misdemeanor.
32-18-22      Low vacuum warning signal--Violation as misdemeanor.
32-18-23      Combined air and vacuum power warning signal devices--Gauge not considered adequate.
32-18-24      Check valve required on air or vacuum reservoirs--Violation as misdemeanor.
32-18-25      Safeguard against air backflow from reservoir through supply line--Violation as misdemeanor.
32-18-26      Maintenance and adjustment of brakes--Violation as misdemeanor.
32-18-26.1      Repealed.
32-18-27      Brake inspection of motor-driven cycle.
32-18-28      Denying registration to noncomplying cycles.
32-18-29      Definition of hydraulic brake fluid.
32-18-30      Distribution and service of hydraulic brake fluid.
32-18-31, 32-18-32.      Repealed.

32-18-1. Brakes required on particular vehicles--Violation as misdemeanor.

Every motor vehicle, as defined by subdivision § 32-14-1(17) and every trailer, semitrailer, and pole trailer manufactured or sold in this state, and any combination of such vehicles operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0346; SL 1967, ch 197, § 1; SL 1974, ch 222, § 1; SL 1977, ch 262, § 1; SL 1989, ch 255, § 70.

32-18-1.1. Certain farm vehicles exempt.

Any farm vehicle designed and used primarily for tillage or harvesting, or wagons and other implements of husbandry, drawn by another vehicle, if the use thereof is confined to agricultural purposes or to the conveyance of agricultural products and the transportation of farm property by or for the producers thereof, from farm to farm within his vicinity or from local community or market to farm or from farm to a local community or market, is exempt from the provisions of this chapter. Any farm vehicle, except wagons and other implements of husbandry drawn by another vehicle, traveling at a speed greater than twenty-five miles per hour shall comply with § 32-18-8.

Source: SL 1975, ch 196, § 5; SL 1989, ch 256, § 14.

32-18-1.2. Fertilizer and agricultural chemical trailers exempt--Exception for new vehicles.

Any vehicle designed and used primarily for the distribution and application of agricultural fertilizer or chemicals, when drawn by another vehicle shall be exempt from the provisions of this chapter. However, vehicles with a gross vehicle weight of over twenty thousand pounds manufactured after July 1, 1979, shall have brakes acting on all wheels.

Source: SL 1979, ch 223, § 4.

32-18-2. Wheels on which brakes must act--Particular vehicles.

Every vehicle described in § 32-18-1 shall be equipped with brakes acting on all wheels except as provided by §§ 32-18-3 to 32-18-6, inclusive.

Source: SL 1967, ch 197, § 1 (c); SL 1968, ch 178, § 3.

32-18-3. Trailers, semitrailers, or pole trailers exempt from all-wheel requirement.

Trailers, semitrailers, or pole trailers of a maximum gross weight not exceeding three thousand pounds, and trailers, semitrailers, or pole trailers of a maximum gross weight not exceeding seven thousand pounds manufactured or assembled prior to July 1, 1974, need not be equipped with brakes acting on all wheels, provided that:

(1)    The total weight on and including the wheels of the trailer or trailers shall not exceed forty percent of the gross weight of the towing vehicle when connected to the trailer or trailers; and

(2)    The combination of vehicles, consisting of the towing vehicle and its total towed load, is capable of complying with the performance requirements of §§ 32-18-8 and 32-18-9.

Source: SL 1967, ch 197, § 1 (c) (1); SL 1968, ch 178, § 3; SL 1974, ch 222, § 2; SL 1977, ch 262, § 2.

32-18-4. Towed vehicles exempt from all-wheel requirement.

Any vehicle being towed in driveaway or towaway operations need not be equipped with brakes acting on all wheels, provided the combination of vehicles is capable of complying with the performance requirements of §§ 32-18-8 and 32-18-9.

Source: SL 1967, ch 197, § 1 (c) (2); SL 1968, ch 178, § 3.

32-18-5. Multiaxle trucks and truck tractors exempt from all-wheel requirement.

Any truck and truck tractor having three or more axles need not have brakes on the front wheels if the vehicle was manufactured before July 25, 1980. If any truck and truck tractor having three or more axles is equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck tractors shall be capable of complying with the performance requirements of §§ 32-18-8 and 32-18-9.

Source: SL 1967, ch 197, § 1 (c) (3); SL 1968, ch 178, § 3; SL 1989, ch 256, § 15.

32-18-6. Motorcycles exempt from all-wheel requirement.

The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, or the front wheel of a motor-driven cycle need not be equipped with brakes, provided that such motorcycle or motor-driven cycle is capable of complying with the performance requirements of §§ 32-18-8 and 32-18-9.

Source: SL 1967, ch 197, § 1 (c) (4); SL 1968, ch 178, § 3.

32-18-7. Service brakes required--Exceptions--Adequacy--Violation as misdemeanor.

Every vehicle described in § 32-18-1 and combination of vehicles except special mobile equipment which includes vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch-digging apparatus, well-boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carry-alls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment, shall be equipped with service brakes complying with the performance requirements of §§ 32-18-8 and 32-18-9 and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (a); SL 1968, ch 178, § 1; SL 1989, ch 255, § 71.

32-18-8. Capabilities of service brakes--Braking force--Stopping distance--Classification of particular vehicles--Violation as misdemeanor.

Every motor vehicle described in § 32-18-1 and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:

(1)    Developing a braking force that is not less than the percentage of its gross weight tabulated herein for its classification;

(2)    Decelerating to a stop from not more than twenty miles per hour at not less than the feet per second per second tabulated therein for its classification; and

(3)    Stopping from a speed of twenty miles per hour in not more than the distance tabulated herein for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0346; SL 1967, ch 197, § 2; SL 1989, ch 255, § 72.

32-18-9. Testing of brakes.

Tests for deceleration and stopping distance under § 32-18-8 shall be made on a substantially level (not to exceed plus or minus one percent grade), dry, smooth, hard surface that is free from loose material.

Source: SDC 1939, § 44.0346; SL 1967, ch 197, § 2.

32-18-10. Single control device operating all service brakes--Violation as misdemeanor--Additional control devices.

Every motor vehicle described in § 32-18-1, trailer, semitrailer, and pole trailer, and every combination of such vehicles, except motorcycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. A violation of this section is a Class 2 misdemeanor.

This section does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This section does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.

Source: SL 1967, ch 197, § 1 (h); SL 1989, ch 255, § 73.

32-18-11. Towing vehicles with air brakes--Application of trailer brakes--Automatic application--Manual application--Violation as misdemeanor.

Every towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which may not be lower than twenty pounds per square inch nor higher than forty-five pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (g) (1); SL 1989, ch 255, § 74.

32-18-12. Towing vehicles with vacuum brakes--Operation of towed vehicle brakes--Independent control system--Automatic application--Violation as misdemeanor.

Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device required by § 32-18-10, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (g) (2); SL 1989, ch 255, § 75.

32-18-13. Parking brakes--Violation as misdemeanor.

Every vehicle described in § 32-18-1 and combination of vehicles, except motorcycles and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2; SL 1989, ch 255, § 76.

32-18-14. Capability of parking brake--Parking brake assisted by service brake.

The parking brakes shall be capable of being applied in conformance with the requirements of § 32-18-13 by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the requirements of § 32-18-13.

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2.

32-18-15. Continuing application of parking brake.

The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2.

32-18-16. Use of same braking mechanism for service and parking brakes.

The same brake drums, brake shoes, and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. On vehicles manufactured or sold after July 1, 1968, if the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2.

32-18-17. Trailers with air or vacuum brakes--Automatic continuing operation--Violation as misdemeanor.

Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a gross weight in excess of three thousand pounds, manufactured or assembled after July 1, 1967, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (d); SL 1989, ch 255, § 77.

32-18-18. Brakes on towing vehicle in case towed vehicle breaks away--Violation as misdemeanor.

Every motor vehicle manufactured or assembled after July 1, 1967, and used to tow a trailer, semitrailer, or pole trailer equipped with brakes, shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (e); SL 1989, ch 255, § 78.

32-18-19. Buses and trucks with air brakes--Reservoir--Violation as misdemeanor.

Every bus, truck, or truck tractor with air operated brakes shall be equipped with at least one reservoir sufficient to ensure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting, a full service brake application may be made without lowering such reservoir pressure by more than twenty percent. Each reservoir shall be provided with means for readily draining accumulated oil or water. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (i) (1); SL 1989, ch 255, § 79.

32-18-20. Buses and trucks with air brakes--Warning signal for low air pressure--Pressure gauge--Violation as misdemeanor.

Every bus, truck, or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (j) (1); SL 1989, ch 255, § 80.

32-18-21. Multiaxle trucks equipped with vacuum assistor brakes--Vacuum reservoir--Violation as misdemeanor.

Every truck with three or more axles equipped with vacuum assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to ensure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than forty percent. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (i) (2); SL 1989, ch 255, § 81.

32-18-22. Low vacuum warning signal--Violation as misdemeanor.

Every truck tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than eight inches of mercury. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (j) (2); SL 1989, ch 255, § 82.

32-18-23. Combined air and vacuum power warning signal devices--Gauge not considered adequate.

When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices required by §§ 32-18-20 and 32-18-22 may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement.

Source: SL 1967, ch 197, § 1 (j) (3).

32-18-24. Check valve required on air or vacuum reservoirs--Violation as misdemeanor.

All motor vehicles, trailers, semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by § 32-18-19 or 32-18-21, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum may not be depleted by the leak or failure. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (i) (3); SL 1989, ch 255, § 83.

32-18-25. Safeguard against air backflow from reservoir through supply line--Violation as misdemeanor.

Air brake systems installed on trailers manufactured or assembled after July 1, 1967, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (f); SL 1989, ch 255, § 84.

32-18-26. Maintenance and adjustment of brakes--Violation as misdemeanor.

All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0346; SL 1967, ch 197, § 3; SL 1989, ch 255, § 85.