South Dakota’s Move Over Law (SDCL 32-31-6.1) requires drivers to move into a non-adjacent lane or significantly slow down when approaching any vehicle stopped on the shoulder with flashing red, blue, amber, or yellow lights. This includes police, fire, ambulances, tow trucks, and utility vehicles. Failure to comply is a Class 2 misdemeanor designed to protect those working on our highways.
Staying Compliant on South Dakota Roads
Drivers must provide a safety buffer for emergency and maintenance vehicles to prevent roadside collisions and fatalities.
- Move Over: Change lanes on multi-lane highways if safe to do so.
- Slow Down: Reduce speed by at least 20 mph below the limit on two-lane roads.
- Stay Alert: Focus 300 feet before reaching the stopped vehicle.
- Comply: Avoid fines starting at $270 and potential criminal charges.
Table of Contents
- Understanding the South Dakota Move Over Law
- Who the Law Protects
- Safety Steps for Navigating Roadside Hazards
- How Traffic Violations Affect Your Insurance
- Frequently Asked Questions (FAQ)
Understanding the South Dakota Move Over Law
The Move Over Law is a specific traffic regulation in South Dakota created to prevent “struck-by” accidents involving emergency responders and roadside workers. It mandates that motorists vacate the lane closest to a stopped vehicle displaying authorized flashing lights.
Definition: SDCL 32-31-6.1
A state statute requiring motorists to merge away from or slow down for any vehicle stopped on a highway shoulder that is using amber, yellow, red, or blue flashing lights, including emergency, utility, and maintenance vehicles.
Steps to Comply with the Move Over Law
- Identify Flashing Lights: Scan the road ahead for any emergency or utility lights at least 300 feet away.
- Check Surroundings: Use mirrors and signal to determine if you can safely merge into the far lane.
- Change Lanes: If on a multi-lane highway like I-29, move over to provide a full lane of space.
- Adjust Speed: If you cannot change lanes safely or are on a two-lane road, reduce your speed to at least 20 mph under the posted limit.
Who the Law Protects
While often associated with police cruisers, South Dakota law covers a broad range of service vehicles.
| Vehicle Type | Lighting Color | Common Activity |
| Emergency Vehicles | Red/Blue | Police stops, fire response, ambulance transport |
| Tow Trucks | Amber/Yellow | Recovering disabled vehicles on highway shoulders |
| Utility Crews | Amber/Yellow | Power line repair or telecommunications maintenance |
| DOT Maintenance | Amber/Yellow | Snow removal, road repair, or debris clearing |
Safety Steps for Navigating Roadside Hazards
Roadside service vehicles often appear suddenly, especially during South Dakota’s unpredictable weather or during night driving. Construction zones and utility sites may have uneven pavement or abrupt lane shifts that require your full attention.
Distracted driving is a leading cause of Move Over violations. Put away your phone and do not text or scroll when approaching a work zone. Increasing your following distance allows you more time to react if the driver ahead of you brakes suddenly for a roadside hazard.
How Traffic Violations Affect Your Insurance
At Bechtel Insurance, we emphasize that maintaining a clean driving record is the most effective way to keep your auto insurance rates manageable. A Move Over Law violation is a serious offense that can lead to increased premiums.
A collision in a work zone or with a stopped emergency vehicle almost always results in an “at-fault” determination. This can impact your eligibility for certain discounts and long-term insurance stability.
FAQ: South Dakota Move Over Law
What are the penalties for violating the Move Over Law?
In South Dakota, a violation is a Class 2 misdemeanor. Fines typically start at $270, but if the violation causes an accident or injury, penalties can escalate to a Class 1 misdemeanor involving jail time and higher fines.
Does the law apply to tow trucks?
Yes. South Dakota law specifically includes any vehicle using flashing amber or yellow lights, which covers tow trucks and roadside assistance vehicles performing recoveries or repairs on the shoulder.
How much do I need to slow down if I can’t move over?
You must reduce your speed to at least 20 mph below the posted speed limit. If the speed limit is 20 mph or less, you must slow down to 5 mph.
Does the law apply on two-lane highways?
Yes. On two-lane roads where changing lanes is impossible, the “Slow Down” portion of the law applies. You must reduce your speed significantly to ensure the safety of those on the shoulder.
When should I start slowing down or moving over?
South Dakota law requires you to take action as soon as you are within 300 feet of the stopped vehicle with flashing lights. Early signaling helps other drivers react to your lane change.
What should I do if a vehicle has its hazard lights on?
While the law specifically mentions authorized flashing lights (like amber or blue), the safest practice is to move over for any vehicle on the shoulder with hazard lights to avoid a potential collision.
Providing a safe buffer for those working on our South Dakota highways is a responsibility we all share. By following the Move Over Law, you protect our local heroes and safeguard your own financial future by maintaining a clean driving record. If you have questions about how a violation or accident affects your coverage, Dave and Heather at Bechtel Insurance are here to help.
By: Bechtel Insurance Team
Last Updated: January 28, 2026
Credentials: Bechtel Insurance is a second-generation, family-owned independent agency serving Sioux Falls and the surrounding area since 1972.