South Dakota Codified Laws
Chapter 26 - Rules Of The Road
Section 32-26-31 - Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor.

32-26-31. Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor.
Unless overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and may not increase the speed of his vehicle until completely passed by the overtaking vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, §44.0314; SL 1966, ch 132; SL 1989, ch 255, §170.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 26 - Rules Of The Road

Section 32-26-1 - Use of right half of highway required--Slow-moving vehicles--Overtaking and passing excepted--Violation as misdemeanor.

Section 32-26-2 - Intersections and grade crossings--Use of right half of highway--Obstructions--Violation as misdemeanor.

Section 32-26-3 - Passing oncoming vehicles to right--Yielding one-half of highway--Violation as misdemeanor.

Section 32-26-4 - Mountain highways--Curves--Keeping to right--Violation as misdemeanor.

Section 32-26-5 - Highways divided by markings.

Section 32-26-6 - Lane driving required--Changing lanes--Violation as misdemeanor.

Section 32-26-7 - Three-lane highways--Overtaking and passing--Violation as misdemeanor.

Section 32-26-8 - Designation of lane for slow-moving traffic--Violation as misdemeanor.

Section 32-26-9 - Highways divided by physical barrier--Use of right-hand roadway--Crossing barrier prohibited--Violation as misdemeanor.

Section 32-26-10 - Entering controlled-access highway--Violation as misdemeanor.

Section 32-26-11 - Prohibition of pedestrians and nonmotorized traffic or motorcycles on controlled-access highway--Maintenance of signs--Violation as misdemeanor.

Section 32-26-12 - Applicability of controlled-access provisions.

Section 32-26-13 - Right-of-way at intersections--Unlawful speed as forfeiting right-of-way--Violation as misdemeanor.

Section 32-26-14 - Entry of highway from alley, building or private road--Violation as misdemeanor.

Section 32-26-15 - Yielding right-of-way to emergency vehicles--Duty of driver of emergency vehicle not to exercise right-of-way arbitrarily--Violation as misdemeanor.

Section 32-26-16 - Highway equipment and personnel as having right-of-way--Use of left-hand side of highway--Display of light--Reasonable room for traffic--Violation as misdemeanor.

Section 32-26-17 - Right-turning vehicle required to keep right--Violation as misdemeanor.

Section 32-26-18 - Left-turning vehicle--Manner of making turn--Violation as misdemeanor.

Section 32-26-18.1 - Turning from wrong lane prohibited--Turn signal required--Violation as misdemeanor.

Section 32-26-19 - Left-turning vehicles--Right-of-way of oncoming vehicle--Signals--Violation as misdemeanor.

Section 32-26-20 - Authority to modify method of turning--Violation as misdemeanor--Posting signs--Approval of Department of Transportation.

Section 32-26-21 - Driving through safety zone prohibited--Violation as misdemeanor.

Section 32-26-21.1 - Driving on sidewalk prohibited--Municipal restrictions on bicycle, motorized foot scooter, or electric personal assistive device operation--Violation as misdemeanor.

Section 32-26-21.2 - "Electric personal assistive device" defined.

Section 32-26-21.3 - Electric personal assistive devices exempt from provisions of certain chapters.

Section 32-26-21.4 - Motorized foot scooter defined.

Section 32-26-21.5 - Motorized foot scooter--Exempt from certain vehicle requirements.

Section 32-26-21.6 - Motorized scooter ordinances authorized in municipalities.

Section 32-26-22 - Starting, stopping, or turning--Lookout--When signals required--Violation as misdemeanor.

Section 32-26-22.1 - Stopping or slowing signal required--Improper use of signals--Violation as misdemeanor.

Section 32-26-23 - Arm signals, mechanical signals, and electrical signals--Violation as misdemeanor.

Section 32-26-24 - Manner of making arm signal--Violation as misdemeanor.

Section 32-26-25 - U-turn prohibited in no-passing zone or where unsafe--Violation as misdemeanor.

Section 32-26-26 - Overtaking vehicles--Passing to left required--Cutting in front prohibited--Violation as misdemeanor.

Section 32-26-26.1 - Overtaking bicycle--Minimum separation--Violation as misdemeanor.

Section 32-26-27 - Overtaking and passing on right--Circumstances under which permitted--Violation as misdemeanor.

Section 32-26-28 - Passing on right--Driving off pavement prohibited--Violation as misdemeanor.

Section 32-26-30 - Overtaking and passing within business or residence district--Violation as misdemeanor.

Section 32-26-31 - Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor.

Section 32-26-34 - Passing by crossing highway center line when vision is obscured--Violation as misdemeanor.

Section 32-26-35 - Driving to left on grade or curve--Obstructed view--Violation as misdemeanor.

Section 32-26-36 - Driving to left on approach to intersection, grade crossing, bridge, or tunnel--Violation as misdemeanor.

Section 32-26-36.1 - Driving to left permitted on one-way roads or in turning.

Section 32-26-37 - Passing in no-passing zone--Violation as misdemeanor.

Section 32-26-38 - Designation of hazardous passing zones--Signs and markings--Violation as misdemeanor.

Section 32-26-39 - Designation of no-passing zones--Pavement striping marking no-passing zone--Violation as misdemeanor.

Section 32-26-40 - Following too closely--Violation as misdemeanor.

Section 32-26-41 - Minimum distance between trucks or towed vehicles--Exception for overtaking--Violation as misdemeanor.

Section 32-26-42 - Minimum space in caravans and motorcades--Exceptions--Violation as misdemeanor.

Section 32-26-43 - Maximum number of passengers in front--Violation as misdemeanor.

Section 32-26-44 - Passenger not to interfere with driver's view or control--Violation as misdemeanor.

Section 32-26-46 - Definitions.

Section 32-26-47.1 - Use of mobile electronic device--Prohibitions--Violation as misdemeanor--Exceptions.

Section 32-26-47.2 - Social networking sites--Prohibition--Violation as misdemeanor.

Section 32-26-48 - Seizure of handheld electronic wireless communication device.

Section 32-26-49 - Distracted drivers public awareness campaign.

Section 32-26-50 - Promulgation of rules authorizing certain motor vehicles to travel at electronically coordinated speeds and distance intervals closer than otherwise allowed.

Section 32-26-51 - Funeral procession--Definitions.

Section 32-26-52 - Funeral procession--Law enforcement officer.

Section 32-26-53 - Funeral procession--Intersections.

Section 32-26-54 - Funeral procession--Motor vehicles in procession.

Section 32-26-55 - Funeral procession--Other vehicles--Violation as misdemeanor.

Section 32-26-56 - Funeral procession--Liability.