Heres thr State law
SOUTH DAKOTA STATUES
TITLE 32
Any three-wheeled or four-wheeled all-terrain vehicle using a highway ditch or crossing a
highway to get to and from a field or pasture and being used in the course of farm or ranch
labor is exempt from the provisions of this chapter.
As used in this chapter, the following words shall mean:
(1) "Department" the Department of Public Safety.
(2) "Moped" a motor driven cycle equipped with two or three wheels. If a combustion
engine is used, the maximum piston or rotor displacement shall be fifty cubic centimeters
regardless of the number of chambers in such power source. The power source shall be equipped
with a power drive system that functions directly or automatically only, not requiring clutching
or shifting by the operator after the drive system is engaged.
(3) "Motorcycle" includes motorcycles, motorbikes, mopeds, bicycles with motor
attached, and all motor operated vehicles of the bicycle or tricycle type, whether the motive
power be a part thereof or attached thereto, and having a saddle or seat with the driver sitting
astride or upon it, or a platform on which the driver stands, but excluding a tractor.
(4) "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed
primarily to be operated on land other than a highway and includes, but is not limited to, all
terrain vehicles, dune buggies and any vehicle whose manufacturer's statement of origin (MSO)
or manufacturer's certificate of origin (MCO) states that the vehicle is not for highway use. Offroad
vehicle does not include a farm vehicle as defined in § 32-3-2.4.
No person may operate a motorcycle, except a moped as defined in § 32-20-1 or a licensed allterrain
vehicle as provided by § 32-20-13, on the public streets or highways without
a motor vehicle driver's license or permit upon which a state testing officer has
certified that such person is qualified to operate such motorcycle. However, the
operator of a moped or licensed all-terrain vehicle shall have a valid motor vehicle
operator's license or permit. The department may waive the testing requirements
upon completion of a motorcycle safety course approved pursuant to § 32-20-14. A
violation of this section is a Class 2 misdemeanor.
No person, other than a law enforcement officer or conservation officer, or any person on the
person's own land or land leased by the person, may operate or ride on any motorcycle or offroad
vehicle with any firearm in the person's possession unless the firearm is completely
unloaded and within a carrying case which encloses the entire firearm. However, this section
does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed
pistol issued pursuant to chapter 23-7. This section does not apply to any pe rson who holds a
permit issued pursuant to § 41-8-37 while engaged in hunting from an off-road vehicle in
accordance with the provisions of the permit. This section shall be enforced by all law
enforcement officers including conservation officers. A violation of this section is a Class 2
misdemeanor.
Comment [r1]: State Law As of May
31, 2006
No person may operate on a public street or highway an off-road vehicle except for crossing
from one side of the road to the other. A person twelve years of age or older may operate an
off-road vehicle in a highway ditch if the vehicle is operated as close as possible to the outer
edge of the highway right -of-way. However, no person may operate an off-road ve hicle in a
highway ditch along the interstate highway system, or operate an off-road vehicle on any lands
owned, leased, or controlled by the Department of Game, Fish and Parks, or any highway ditch
located within, except on a designated off- road vehicle area or designated trail, or operate an
off-road vehicle in a highway ditch that is designated as part of the state snowmobile trails
system pursuant to chapter 41-19 or a public bike trail. A violation of this section is a Class 2
misdemeanor.Off-road vehicles need not be registered and licensed for use upon the highways except as
provided in § 32-20-13. Off-road vehicles shall be titled. The Department of Revenue shall
issue a certificate of title for off-road vehicles the same as for other motor vehicles subject to
the provisions of chapter 32-3.
Any all-terrain vehicle with four or more wheels and with a combustion engine having a piston
or rotor displacement of two hundred cubic centimeters or more may be licensed as a
motorcycle pursuant to chapter 32-5 to be used on a public highway. Prior to being licensed the
all-terrain vehicle shall meet the necessary light, brake, and other vehicle accessory
requirements provided by chapters 32-15, 32-17, and 32-18 that are applicable to motorcycles.
The licensed all-terrain vehicle may not be operated on the interstate highway system. A person
who operates such a licensed all- terrain vehicle on the interstate highway system is guilty of a
Class 2 misdemeanor.
SOUTH DAKOTA ADMINISTRATIVE RULES
Parks and Public Lands
No person may operate a motor-propelled vehicle of any type, including snowmobiles,
minibikes, or all-terrain vehicles, except on designated roads and parking areas or on trails
designated for a specific type of travel on lands owned, leased, or controlled by the department.
This section does not apply to employees of the department in the performance of their duties.
