Move over law penalties — South Dakota Permit Test

Move over law penalties on the South Dakota permit test — 2 rules, each with the reason behind it and a question on it while it is fresh.

The rules

Breaking South Dakota's stop-and-move-over law (SDCL 32-31-6.1) is a class 2 misdemeanor, punishable by a fine, county jail time, or both.

Drivers who think the rule is only advice keep speeding past crash scenes, and the people working there pay for it.

A violation of this law is a class 2 misdemeanor which is punishable by a fine and/or time in county jail.

South Dakota Driver License Manual, p.2

A driver who breaks the move-over law and causes a crash with a stopped vehicle showing red, amber, yellow or blue lights is guilty of a Class 1 misdemeanor.

A crash into a stopped patrol car or tow truck often hurts the person standing beside it, not just the vehicle.

Any person who, while violating 32-31-6.1, causes an accident is guilty of a Class 1 misdemeanor if the accident is with a stopped emergency vehicle making use of its red visual signals, or any stopped vehicle making use of amber, yellow, or blue warning lights.

South Dakota Driver License Manual, p.2

On the test

What class of offense is failing to stop or move over for a stopped emergency vehicle?

A class 2 misdemeanor. Drivers who think the rule is only advice keep speeding past crash scenes, and the people working there pay for it. South Dakota Driver License Manual, p.2: “A violation of this law is a class 2 misdemeanor which is punishable by a fine and/or time in county jail.”

How this works

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Where these come from

Every rule here is checked against South Dakota Driver License Manual, published by the South Dakota Department of Public Safety, and against the state code itself. Last checked 2026-10-04.