South Dakota Move Over Laws

Failure to move over for stopped emergency vehicles in South Dakota carries a minimum $270 fine and a Class 2 misdemeanor charge.
Written by Tiffany Leung
Reviewed by Jessica Barrett
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South Dakota state law states that failing to move over or slow down for stopped emergency vehicles with flashing lights could result in a minimum $270 fine and a Class 2 misdemeanor charge
Emergency responders often get injured or killed by passing vehicles while they’re on the scene of an accident. Beginning in the late 1990s, most states enacted laws for the safety of emergency service personnel such as paramedics, firefighters, and law enforcement officers. 
Besides Washington, D.C., there are move over laws in every state. Being aware of the terms of your state law is important to avoid any violations and penalties.
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What are the move over laws in South Dakota?

South Dakota’s move over law was passed in 2003. The law states drivers nearing stationary emergency vehicles with flashing lights must change lanes if possible or slow down. Under South Dakota Code, Section 32-31-6.1, drivers must either: 
  • Stop completely before reaching authorized emergency vehicles that are stopped with red visual signals/lights. They may proceed with caution after assessing it is safe to do so.
  • Slow down by 20 mph of the posted speed limit and move over when you pass any vehicle with amber or yellow flashing signals/lights

What is considered an emergency vehicle in South Dakota? 

The South Dakota move over law applies to the following vehicles displaying alternately flashing red visual signals, or amber, yellow, or blue warning lights
  • Ambulance
  • Police vehicle
  • Fire vehicle
  • Rescue vehicle
  • Recovery vehicle
  • Towing vehicle
Note: School buses are also included in the move over law. Drivers must stop 15 feet from a school bus when the red signal light is displayed.

Penalties for violating South Dakota’s move over laws

Drivers who fail to comply with the move over law when approaching any of the vehicles listed above will be charged with a violation. The penalties include: 
  • Minimum fine of $270
  • Class 2 misdemeanor charge
  • Punishable by up to 60 days in jail
If your failure to comply leads to an injury or death, you could be subject to additional fines. To keep everyone safe, always change lanes or slow down if you see a stopped vehicle with flashing lights. 
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Can violating move over laws raise your insurance? 

Violating the move over law could put a misdemeanor on your South Carolina driving record and would affect your insurance premiums. An increase would be unavoidable, as this raises red flags for insurance companies.
It is best to drive with caution at all times and follow the traffic laws in your state to avoid being flagged for higher insurance rates.
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Why are there move over laws? 

Move over laws were passed to help prevent emergency responders on scene from injury or death by careless passing vehicles. Drivers must change lanes when it is safe to do so or slow down to create a safe parameter for stationary emergency vehicles and responders.
Move over laws were enacted after a South Carolina paramedic, James D. Garcia was listed as at fault after being struck on scene by a passing vehicle. Seeing this as a problem, Garcia worked hard to have laws passed so that emergency responders are protected. His efforts led to the first move over laws in the United States being passed in the early 2000s. 
Washington D.C. aside, every state has passed a move over law that requires drivers to pass emergency scenes cautiously as of 2021. However, violations still occur as some drivers simply ignore or aren’t aware of the law. According to the
Emergency Responder Safety Institute
, 44 emergency responders were struck and killed by vehicles in 2019 alone. 

How to find cheap insurance after a traffic conviction

A Class 2 misdemeanor can cause your current insurance to skyrocket. But by using the licensed broker app,
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