South Dakota § 32-31-6.1 - Occupying highway shoulder or stopped--Requirements for approaching vehicles--Penalty.
Full text of South Dakota South Dakota Codified Laws § 32-31-6.1 — Occupying highway shoulder or stopped--Requirements for approaching vehicles--Penalty., with citation guidance and answers to common questions.
§ 32-31-6.1. Occupying highway shoulder or stopped--Requirements for approaching vehicles--Penalty.
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 a motor 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.
Upon approaching from any direction any vehicle that is either stopped or occupying the shoulder of the highway, and using amber, yellow, or blue warning lights, the driver of any other motor vehicle must:
(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 at least three hundred feet before the vehicle and proceed with caution, unless otherwise directed; or
(2) If driving on a two-lane highway, at least three hundred feet before the vehicle, 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 and has a minimum fine of two hundred seventy dollars.
Source: SL 1975, ch 210, § 2; SL 1989, ch 255, § 215; SL 2003, ch 173, § 1; SL 2020, ch 127, § 1; SL 2025, ch 130, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 32-31-6.1
What does South Dakota Codified Laws § 32-31-6.1 cover?
Section 32-31-6.1 ("Occupying highway shoulder or stopped--Requirements for approaching vehicles--Penalty.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 32-31-6.1?
A common citation format is "South Dakota Codified Laws § 32-31-6.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 32-31-6.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.