Moving Over
SDCL § 32-31-6.1 — over a lane or twenty miles per hour slower, three hundred feet before a stopped emergency vehicle, with a $270 minimum fine
When an emergency vehicle approaches with its signals on, every other driver pulls over to the right-hand edge, clear of any intersection, and stops until it has passed. A violation is a Class 2 misdemeanor.
- With two or more lanes going the same way, merge into the lane farthest from it at least three hundred feet before.
- On a two-lane highway, at least three hundred feet before, slow to at least twenty miles per hour under the posted limit, or five miles per hour where the limit is twenty miles per hour or less.
That is what the section sets for approaching a stopped emergency vehicle showing red lights, and then proceeding with caution. A violation is a Class 2 misdemeanor with a minimum fine of $270.
Causing a crash. Violating that section and causing a crash with the stopped emergency vehicle, or with any stopped or shoulder vehicle showing amber, yellow or blue warning lights, is a Class 1 misdemeanor.
A particular stop is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 32-31-6 — Duty of other motorists upon approach of emergency vehicle; Violation as misdemeanor
- SDCL § 32-31-6.1 — Occupying highway shoulder or stopped; Requirements for approaching vehicles; Penalty
- SDCL § 32-31-6.2 — Occupying highway shoulder or stopped; Accident caused; Penalty
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.