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South Dakota Move Over Law

Originally Implemented in 2003


Includes all Law Enforcement, Emergency Vehicles, First Responders and Tow Trucks


Slow Down and Change Lanes Whenever Possible To Give Them Room

The Law

32-31-6.1.   Stop required upon approaching stopped emergency vehicle using red signals--Requirements for approaching vehicles using amber or yellow signals--Violation as misdemeanor. Upon approaching from any direction any stopped authorized emergency vehicle making use of red visual signals meeting the requirements of this title, the driver of every other vehicle shall come to a complete stop before reaching the stopped emergency vehicle and may, unless otherwise directed, proceed with caution only after ascertaining that it is safe to do so, and upon approaching from any direction any stopped vehicle making use of amber or yellow warning lights, the driver of every other vehicle shall:

             (1)      If driving on an interstate highway or other highway with two or more lanes traveling in the same direction as the vehicle, merge into the lane farthest from the vehicle and proceed with caution, unless otherwise directed; or

             (2)      If driving on a two lane highway, slow to a speed that is at least twenty miles per hour less than the posted speed limit or five miles per hour when the speed limit is posted at twenty miles per hour or less and proceed with caution, unless otherwise directed.

     A violation of this section is a Class 2 misdemeanor.

 

 

South Dakota Department of Public Safety Urges Drivers to Move Over, Slow Down for Tow Trucks

South Dakota state statute requires motorists in South Dakota to stop when coming from any direction and approaching any stopped authorized emergency vehicle using red visual signals/lights. The law now requires you to move over and slow down when passing any vehicle displaying amber or yellow flashing signals/lights.

The law is aimed at protecting vehicles stopped on the shoulder of the road from being hit by passing vehicles. Protected vehicles include law enforcement, emergency response vehicles, service vehicles (tow trucks, etc.), and motorists experiencing mechanical trouble.

Under the new law, motorists on Interstates and other highways with two or more lanes traveling in the same direction as the stopped vehicle, must merge into the lane farthest from the stopped vehicle and proceed with caution, unless otherwise directed. On two-lane highways, motorists must slow to a speed that is at least 20 miles per hour less than the posted speed limit or slow to 5 miles per hour when the speed limit is posted at 20 miles per hour or less and proceed with caution, unless otherwise directed.

A violation of this law is a Class 2 misdemeanor, which is punishable by a fine of $200 and/or 60 days in jail.

 

 

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