E-Moto Hub

South Dakota

What South Dakota law says about riding an electric dirt bike, question by question. 6 of 6 answered from official text. Where the state has no rule on a question, the page says "No statewide rule found" and what the law does cover.

Published

Reviewed . Sources: SDCL 32-20-1(4); SDCL 32-20-12; SDCL 32-20-1(4); SDCL 32-20-4; SDCL 32-20-12; SDCL 32-20-13; SDCL 32-20B-9.

The answers

Is an electric dirt bike an off-highway vehicle?

South Dakota defines an off-road vehicle as any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway. The term includes all terrain vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin or manufacturer's certificate of origin states that the vehicle is not for highway use. It does not include a farm vehicle as defined in § 32-3-2.4, a multi-passenger quadricycle, or an electric bicycle as defined in § 32-20B-9.

SDCL 32-20-1(4), checked . Official text for South Dakota, SDCL 32-20-1(4), external site

What it needs to ride public off-road land

An "off-road vehicle" (defined as any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway) must be titled; the Department of Revenue issues a certificate of title for off-road vehicles the same as for other motor vehicles under chapter 32-3. On registration the statute's own words are: "Off-road vehicles need not be registered and licensed for use upon the highways except as provided in § 32-20-13." One place-scoped limit in the same section applies only to lands owned, leased, or controlled by the Department of Game, Fish and Parks, and any highway ditch located within: no person may operate an off-road vehicle there except on a designated off-road vehicle area or designated trail.

SDCL 32-20-12; SDCL 32-20-1(4), checked . Official text for South Dakota, SDCL 32-20-12; SDCL 32-20-1(4), external site

Helmet rule off-road

No statewide rule found

No statewide off-road helmet rule found. Section 32-20-4 covers a person under eighteen years of age operating or riding upon a motorcycle on the public streets or highways of the state, who must wear a protective helmet of a type meeting Department of Transportation Motor Vehicle Safety Standard 218 as in effect on January 1, 1984.

That is not the same as no rule: land managers, local governments and tracks set their own, so ask whoever manages the ground before you ride.

What we read: SDCL 32-20-4, checked . Official text for South Dakota, SDCL 32-20-4, external site

Age and supervision rules for young riders

For highway ditches, the statute's own words on the "off-road vehicle" (defined as any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway) are: "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." The same section adds that no person may operate an off-road vehicle in a highway ditch along the interstate highway system; 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 in a highway ditch that is designated as part of the state snowmobile trails system or a public bike trail.

SDCL 32-20-12; SDCL 32-20-1(4), checked . Official text for South Dakota, SDCL 32-20-12; SDCL 32-20-1(4), external site

Riding it on public roads

No person may operate an off-road vehicle on a public street or highway except for crossing from one side of the road to the other. Section 32-20-13 names three vehicles that may be licensed as a motorcycle under chapter 32-5 to be used on a public highway: an 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; an off-road vehicle with two wheels and with a combustion engine having a piston or rotor displacement of one hundred twenty cubic centimeters or more; and an all-terrain vehicle, with four or more wheels, propelled by an electric motor that draws power from a battery that is capable of being recharged. Before being licensed, the vehicle must meet the light, brake, and other vehicle accessory requirements of chapters 32-15, 32-17, and 32-18 that apply to motorcycles. The section does not apply to a golf cart, a low-speed vehicle, or a toy or youth off-road vehicle, and a vehicle licensed under it may not be operated on the interstate highway system.

SDCL 32-20-12; SDCL 32-20-13, checked . Official text for South Dakota, SDCL 32-20-12; SDCL 32-20-13, external site

Where the e-bike definition stops

An electric bicycle is a bicycle or a tricycle equipped with a seat or saddle, with operable pedals for propulsion, and with an electric motor of seven hundred fifty watts or less. Class I and Class III motors provide assistance only when the person is pedaling and cease at twenty and twenty-eight miles per hour respectively; a Class II motor is capable of propelling the bicycle without the person pedaling and ceases to provide assistance at twenty miles per hour.

SDCL 32-20B-9, checked . Official text for South Dakota, SDCL 32-20B-9, external site

Before you ride

This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.

For a young rider, the before-you-ride checker puts the helmet and age rules first.

Official riding areas and the permits South Dakota asks for: where to ride in South Dakota.

Statutes change. Each answer carries the date it was checked; the page is re-checked at least every 180 days and says "Review due" if that slips.

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