CHAPTER 169
(SB 92)
Recreational vehicle dimensions regulated.
ENTITLED, An Act to
define a recreation vehicle, to exempt certain recreation vehicles from the
maximum width restrictions for a vehicle, and to provide a length limitation for motor
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
32-22-3
be amended to read as follows:
32-22-3.
Except for self-propelled or towed farm machinery operated pursuant to § 32-22-3.2
or a recreation vehicle
, no motor vehicle may operate upon a public highway if the width,
measured at the widest points, either of the vehicle or the load, exceeds one hundred two inches,
excluding any required safety equipment. A violation of this section is a Class 2 misdemeanor. The
farm machinery exception provided by this section does not apply to farm machinery being
transported or delivered by an equipment dealer or manufacturer.
The recreation vehicle exception
provided by this section applies to excess width which is attributable to an appurtenance, excluding
required safety equipment, which does not exceed six inches beyond either sidewall of the vehicle.
For the purposes of this section, an appurtenance is an integral part of a vehicle and includes
awnings, grab handles, lighting equipment, cameras, and vents. No appurtenance may be used as
a load carrying device.
Section
2.
That
§
32-22-5
be amended to read as follows:
32-22-5.
No
single truck or bus
motor vehicle
may be operated upon a public highway if it has
an overall length, inclusive of front and rear bumpers, in excess of forty-five feet. A violation of
this section is a Class 2 misdemeanor.
Section
3.
That
§
32-14-1
be amended to read as follows:
32-14-1.
Terms used in chapters 32-14 to 32-19, inclusive, 32-12 and 32-22 to 32-34,
inclusive, mean:
(1)
"Alcoholic beverage," as that term is defined by subdivision 35-1-1(1);
(2)
"Authorized emergency vehicle,"
vehicles
a vehicle
of a fire department,
a
police
vehicles
vehicle
, and
such ambulances
an ambulance
and emergency
vehicles
vehicle
of
a
municipal
departments
department
or public service
corporations as are
corporation
that is
designated or authorized by the department;
(3)
"Automobile transporter," a vehicle combination designed or modified to be used
specifically for the transport of assembled highway vehicles;
(4)
"Boat transporter," a vehicle combination designed or modified to be used specifically
for the transport of assembled or partially disassembled boats and boat hulls;
(5)
"Business district," the territory contiguous to a highway when fifty percent or more of
the frontage thereon for a distance of three hundred feet or more is occupied by
buildings in use for business;
(6)
"Commission," the Public Utilities Commission;
(7)
"Controlled drug or substance," as that term is defined in § 34-20B-3;
(8)
"Crosswalk," that part of a roadway at an intersection included within the connections
of the lateral lines of the sidewalks on opposite sides of the highway measured from the
curbs or, in the absence of curbs, from the edges of the traversable roadway; or any
portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian
crossing by lines or other markings on the surface;
(9)
"Department," the Department of Public Safety of this state acting directly or through
its duly authorized officers and agents;
(10)
"Farm tractor,"
every
a
motor vehicle designed and used primarily as a farm implement
for drawing plows, mowing machines, and other implements of husbandry;
(11)
"Highway," the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public as a matter of right for
purposes of vehicular travel;
(12)
"Intersection," the area embraced within the prolongation of the lateral curb lines or, if
none, then of the lateral boundary lines of two or more highways which join one another
at an angle, whether or not one such highway crosses the other. However, such area, in
the case of the point where an alley and a street meet within a municipality, is not an
intersection;
(13)
"Law enforcement officer," as that term is defined in § 23-3-27;
(14)
"Local authorities,"
every
a
county, municipal, township, road district, and other local
board or body having authority to adopt local police regulations under the Constitution
and laws of this state;
(15)
"Metal tires,"
all tires
a tire
the surface of which in contact with the highway is wholly
or partly of metal or other hard, nonresilient material;
(16)
"Motorcycle,"
every
a
motor vehicle designed to travel on not more than three wheels
in contact with the ground, except any
such
vehicle as may be included within the term
,
"
tractor
"
,
as herein defined;
(17)
"Motor vehicle,"
every
a
vehicle, as herein defined, which is self-propelled;
(18)
"Official traffic control device,"
all signs, signals, markings, and devices
a sign, signal,
marking, and device
not inconsistent with the law placed or erected by authority of a
public body or official having jurisdiction, for the purpose of regulating, warning, or
guiding traffic. The term also includes a flagman or a sign, signal, marking, or other
device temporarily placed or erected by a person working upon, along, above, or under
a highway installing or maintaining a public service facility and which is necessary or
required to warn, direct, or otherwise control traffic during the time of work or when a
hazard exists;
(19)
"Owner," a person who holds the legal title of a vehicle or in the event a vehicle is the
subject of an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee, or in the event
a mortgagor of a vehicle is entitled to possession, then
such
the
conditional vendee or
lessee or mortgagor is the owner for the purpose of said chapters;
(20)
"Park or parking," the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading
merchandise or passengers;
(21)
"Pneumatic
tires
tire
,"
all tires
a tire
inflated with compressed air;
(22)
"Private road or driveway,"
every
a
road or driveway not open to the use of the public
for purposes of vehicular travel;
(23) "Recreation vehicle," a self-propelled or towed vehicle equipped to serve as temporary
living quarters for recreational, camping, or travel purposes and used solely as a family
or personal conveyance and in no way used for a commercial purpose;
(23)
(24)
"Residence district," the territory contiguous to a highway not comprising a
business district when the frontage on
such
the
highway for a distance of three
hundred feet or more is mainly occupied by dwellings or by dwellings and
buildings in use for business;
(24)
(25)
"Right-of-way," the right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed, and proximity as to give rise to danger of
collision unless one grants precedence to the other;
(25)
(26)
"Road tractor,"
every
a
motor vehicle designed and used for drawing other
vehicles and not so constructed as to carry any load thereon either independently
or any part of the weight of a vehicle or load so drawn;
(26)
(27)
"Roadway," that portion of a highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. If a highway includes two or
more separate roadways
,
the term
,
"
roadway
" as used herein shall refer
, refers
to
any such roadway separately but not to all such roadways collectively;
(27)
(28)
"Safety zone," the area or space officially set aside within a highway for the
exclusive use of pedestrians and which is so plainly marked or indicated by
proper signs as to be plainly visible at all times while set apart as a safety zone;
(28)
(29)
"Semitrailer," any vehicle of the trailer type equipped with a kingpin assembly,
designed and used in conjunction with a fifth wheel connecting device on a
motor vehicle and constructed so that some part of its weight and that of its load
rests upon or is carried by another vehicle;
(29)
(30)
"Sidewalk," that portion of a street between the curb lines, or the lateral lines of
a roadway, and the adjacent property lines intended for use of pedestrians;
(30)
(31)
"Single axle" or "
One
one
axle," one or more consecutive axles whose centers
may be included between two transverse vertical planes spaced forty inches or
less apart, extending across the full width of the vehicle;
(31)
(32)
"Solid rubber tire,"
every
a
tire made of rubber other than a pneumatic tire;
(31A)
(33)
"Steering axle," any axle on the front of a motor vehicle that is activated by the
operator to directly accomplish guidance or steerage of the motor vehicle or
combination of vehicles;
(32)
(34)
"Stinger-steered transporter combination," a truck tractor semitrailer combination
with a fifth wheel located on a drop frame which is located behind and below the
rearmost axle of the power unit;
(33)
(35)
"Tandem axle," two or more consecutive axles whose centers may be included
between parallel transverse vertical planes spaced more than forty inches and not
more than ninety-six inches apart, extending across the full width of the vehicle;
(34)
(36)
"Trailer,"
every
a
vehicle without motive power designed for carrying property
or passengers on its own structure and for being drawn by a motor vehicle;
(35)
(37)
"Truck tractor,"
every
a
motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn;
(36)
(38)
"Urban district," the territory contiguous to and including any street which is
built up with structures devoted to business, industry, or dwelling houses situated
at intervals of less than one hundred feet for a distance of a quarter of a mile or
more; and
(37)
(39)
"Vehicle,"
every
a
device in, upon, or by which any person or property is or may
be transported or drawn upon a public highway, except devices moved by human
power or used exclusively upon stationary rails or tracks; including bicycles and
ridden animals.
Signed February 10, 2005