Driving laws to remember coming into summer
Tammy Chamley | Editor of the Dells City Journal
With warmer weather on the horizon and school to be released in just a few short weeks, School Resource Officer (SRO) Deputy Phil Ryan assisted the Dells City Journal with reminders to new and experienced drivers in the community.
With the help of Deputy Ryan, we have broken down several laws and what they mean. Below you can find law information for young drivers, the Move Over Law, Seat belts and curfew restrictions for minors. All responses were provided by Deputy Ryan.
Q: As the SRO, what do you see at the school with new drivers with restricted minors permits? Do you see/ticket kids breaking the law with having non family members in their vehicle before their six months is concluded? What is the punishment/fee for this?
A: One of the biggest issues I see with new drivers is with the Instruction Permit which is the first permit new drivers get when they start driving. The instruction permit entitles the applicant, while having the permit in the applicant’s immediate possession, to drive a motor vehicle upon the public highways for a period of five years during the hours of 6 a.m. to 10 p.m. if accompanied by a person holding a valid operator’s license who is at least eighteen years of age, has had at least one year of driving experience, and who is occupying a seat beside the applicant. The applicant is entitled to drive a motor vehicle upon the public highways during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the applicant’s parent or guardian who is occupying a seat beside the applicant. No holder of an instruction permit may use any type of wireless communication device while operating a motor vehicle upon the public highways. Bottom line, if you have an Instruction Permit you CANNOT drive by yourself.
A restricted minor’s permit entitles the holder, while having the permit in immediate physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard time if the motor vehicle is being operated with the permission of the holder’s parent or guardian and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the holder’s parent or guardian who is occupying a seat beside the holder. The restrictions as to time of operation do not apply to the holder of a valid restricted minor’s permit who is:
(1) Operating a self-propelled agricultural machine that is not subject to registration under chapter 32-5;
(2) Operating a motor vehicle while traveling the most direct route to or from school or a school event;
(3) Operating a motor vehicle while traveling the most direct route to or from any religious worship service or meeting held by a religious organization; or
(4) Operating a motor vehicle while traveling the most direct route to, from, or in connection with any job, employment, or farm-related work.
No holder of a restricted minor’s permit may operate a motor vehicle carrying any passenger other than a member of the driver’s immediate family or members of the driver’s household during the first six months of holding a restricted minor’s permit. After the first six months the holder of a restricted minor’s permit is limited to no more than one passenger under the age of eighteen years who is not:
(1) A member of the permit holder’s immediate family; or
(2) A person whose primary residence is the same household as the permit holder’s.
The provisions of this section do not apply if the permit holder is accompanied by a parent or guardian or any passenger who is at least eighteen years of age and has one year of driving experience and whose primary residence is the same household as the restricted minor’s permit holder.
If a driver is 16 years or younger and they receive any traffic infraction, including the restriction on their permit, they will lose their license for 30 days or more. Most fines start at $132.50 for license infractions.
Q: Move Over Law | As an officer, what would you tell residents of Dell Rapids and surrounding communities about the importance of moving over?
A: Put simply, the Move Over Law saves lives. The law is clear, in that any motorist who comes upon an emergency vehicle on the side of the road or in the road flashing amber, yellow or blue lights needs to move over to a lane away from the lane where the emergency vehicle is. When they cannot move over, they must slow down to 5 MPH when the speed limit is 25 MPH or less or 20 MPH less than the posted speed limit. So, if the speed limit is 65 MPH, you must slow down to at least 45 MPH and pass with caution. The fine for this violation is at least $270.
Q: Seat belt law: Prior to the seat belt law going into effect in 1994, South Dakota had one of the lowest safety belt usage rates in the US. As the SRO, do you see more students wearing their seat belt than not? Adults?
A: I see more people NOT wearing seatbelts than are; both students and adults. The seatbelt law as written in my opinion is ineffective and inadequate.
Q: Curfew for minors | What is the punishment/fee for a curfew violation? There are numerous people that believe if the minor isn’t causing any problems, a curfew ticket wouldn’t be issued. If you suspect a person to be under 18 past 11pm, is that person subject to an identification check by police?
A: Just like any contact with law enforcement, attitude is everything. If a juvenile is defiant, they will not only have their parents called to pick them up, they will get a fine. The fine amount varies depending on the City of the violation. Someone who appears to be less than 18 can and most likely will be stopped to verify age and compliance with the curfew ordinance.