Is Lane Splitting Legal in South Dakota? (2026 Law)

Lane splitting is illegal in South Dakota. SDCL 32-20-9.3 says "No person may operate a motorcycle between adjacent lanes of traffic, or between adjacent lines or rows of vehicles," which covers riding between moving lanes and filtering between rows of stopped cars alike, and only police officers performing their official duties are exempt (SDCL 32-20-9.4). A violation is a Class 2 misdemeanor, punishable by up to 30 days in a county jail, a $500 fine, or both under SDCL 22-6-2(2); the state court system's fine and bond schedule lists the offense at a $54 fine, $132.50 with court costs. For how other states compare, see our guide to lane splitting laws by state.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota state law in the South Dakota Codified Laws (SDCL): the motorcycle lane rules in 32-20-9.1 through 32-20-9.5, the lane and passing rules in 32-26-6 and 32-26-26 through 32-26-28, the definitions in 32-14-1, the speed rule in 32-25-3, careless and reckless driving in chapter 32-24, the misdemeanor classes in 22-6-2, the point system and conviction rules in 32-12-49 through 32-12-49.3 and 32-12-53, the work-area speed zones in 32-25-19.1, and the Unified Judicial System's FY2027 fine and bond schedule. It does not cover city ordinances, insurance consequences, or the law of other states.

What South Dakota's motorcycle statutes say

South Dakota names the practice and forbids it. SDCL 32-20-9.3 reads in full:

"No person may operate a motorcycle between adjacent lanes of traffic, or between adjacent lines or rows of vehicles. A violation of this section is a Class 2 misdemeanor."

The ban reaches both lane splitting (between lanes of moving traffic) and lane filtering (between lines or rows of vehicles, moving or stopped). Its source line shows no amendment since 1989.

Four related sections fill in the rest of the motorcycle lane rules:

• Full use of a lane. Under 32-20-9.1, "All motorcycles are entitled to full use of a lane and no motor vehicle may be driven in such manner as to deprive any motorcycle of the full use of a lane. This section does not apply to motorcycles operated two abreast in a single lane."
• No passing inside the same lane. Under 32-20-9.2, "The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken. This section does not apply to motorcycles being operated two abreast in the same lane, or a motorcycle and a bicycle being operated two abreast in the same lane."
• Police exemption. 32-20-9.4 provides that "Sections 32-20-9.2 and 32-20-9.3 shall not apply to police officers in the performance of their official duties." No other exemption appears in sections 32-20-9.1 through 32-20-9.5.
• Two abreast at most. Under 32-20-9.5, "No person may operate a motorcycle more than two abreast in a single lane."

Sections 32-20-9.1, 32-20-9.2 and 32-20-9.5 each make a violation a Class 2 misdemeanor.

The general lane and passing rules

The ordinary traffic rules apply to riders as well. SDCL 32-14-1 defines a motorcycle as "a motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle as may be included within the term, tractor."

Staying in one lane. SDCL 32-26-6: "On a roadway divided into lanes, a vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from such lane until the driver has first ascertained that such movement can be made with safety. A violation of this section is a Class 2 misdemeanor."

Passing on the left. SDCL 32-26-26: "The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof. The driver of an overtaking vehicle shall pass at a safe distance to the side of an overtaken vehicle and may not cut in front of the latter until safely clear of the overtaken vehicle." It too is a Class 2 misdemeanor.

Passing on the right. SDCL 32-26-27 allows it only "(1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a street or highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction; (3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles." A violation is a Class 2 misdemeanor.

Can you ride on the shoulder?

Not to pass. Start with the definition: under SDCL 32-14-1, the roadway is "that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder."

Then the passing rule. SDCL 32-26-28 says: "The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event may such movement be made by driving off the pavement or main traveled portion of the roadway. A violation of this section is a Class 2 misdemeanor." The code does not separately define "shoulder" or "main traveled portion of the roadway," but the roadway itself excludes the shoulder.

What happens if you are caught

The statutory range

Every rule above is a Class 2 misdemeanor. Under SDCL 22-6-2(2), the maximum penalty authorized upon conviction is "thirty days imprisonment in a county jail or five hundred dollars fine, or both." Those are ceilings; the section sets no minimum fine.

The court's fine schedule

In practice, many tickets are resolved on the state court system's FY2027 Fine and Bond Schedule for clerk magistrates, effective July 1, 2026. It lists:

The $132.50 total is the $54 fine plus $78.50 in court costs for a Class 2 misdemeanor under state law. The schedule notes that "If the offense is a Class 2 misdemeanor under State law and is not listed on Schedule II, the defendant must appear before a magistrate or a circuit judge"; the between-lanes offense is listed. The schedule has no line for passing on the right under 32-26-27 or 32-26-28. Schedule amounts can change each July 1, when a new fiscal-year schedule takes effect.

Points on your license

Under SDCL 32-12-49.1, points are "assessed for a conviction" of the listed moving offenses. The list has no item that names 32-20-9.3 or riding between lanes. The two candidates are "Improper passing four points" and "Other moving offenses two points" (the latter excludes speeding offenses); the code does not say which applies to a between-lanes conviction. Under 32-12-49.2, a driver "convicted of traffic violations resulting in the accumulation of fifteen points within any twelve consecutive months, or twenty-two points within any twenty-four consecutive months" faces license suspension.

For the point system, SDCL 32-12-53 counts the judgment and sentence of the trial court as a conviction, and "a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction." Paying the scheduled amount in place of appearing is therefore likely to count; the clerk of court can confirm how a specific ticket was resolved.

For suspensions under 32-12-49(2), the repeated-violation ground that directs the department to use the 32-12-49.1 point weighting, 32-12-49.3 sets the length from the record during the last forty-eight months: sixty days for a first suspension, six months for a second and one year after that.

Speed for conditions

SDCL 32-25-3 makes it "a Class 2 misdemeanor for any person to drive a motor vehicle on a highway located in this state at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or provided by the Transportation Commission." The fine schedule lists overdriving road conditions at $54, $132.50 total.

In a limited speed zone posted through a highway work area on a state trunk highway, SDCL 32-25-19.1 makes a violation of the posted limit a Class 2 misdemeanor, and any fine for a violation while workers are present "shall be double the usual fine for speeding, but may not exceed the maximum fine for a Class 2 misdemeanor." The FY2027 schedule lists speeding in a construction zone at fines from $38 (1 to 5 mph over) to $308 (26 mph or more over), before court costs.

Careless and reckless driving

Careless driving and reckless driving are separate charges with their own elements; whether a particular ride meets them depends on the facts.

Careless driving, SDCL 32-24-8, covers driving "carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in § 32-24-1." It is a Class 2 misdemeanor (up to 30 days, a $500 fine, or both), listed on the fine schedule at $54, $132.50 total.

Reckless driving, SDCL 32-24-1, covers driving "carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property." It is a Class 1 misdemeanor, which under 22-6-2(1) carries up to "one year imprisonment in a county jail or two thousand dollars fine, or both." Under 32-24-3, for a second or later conviction within one year, "the court shall, in pronouncing sentence, order that the defendant's driving privilege be revoked for thirty days." The 32-12-49.1 point schedule lists reckless driving at eight points.

Chapter 32-24, "Reckless and Unsafe Driving," covers reckless driving, careless driving, exhibition driving, street racing and stunt driving. It contains no aggressive-driving or road-rage offense.

Federal law and lane splitting

We found no federal statute or regulation that addresses lane splitting; the rules come from state traffic law.

If a crash happens

A 32-20-9.3 violation can matter after a collision. How a lane or passing violation bears on fault and an injury claim is covered in our guide to South Dakota motorcycle accident laws. For the rules that apply to every driver after a crash, see South Dakota car accident laws.

Related pages

• Lane splitting laws by state
• South Dakota motorcycle accident laws
• South Dakota car accident laws
• North Dakota lane splitting laws
• Nebraska lane splitting laws

This article provides general legal information about South Dakota law, not legal advice. For advice about a specific situation, contact a lawyer licensed in South Dakota or the court named on your citation.

Last updated: 2026-10-09.

Frequently Asked Questions

Is lane splitting legal in South Dakota?

No. SDCL 32-20-9.3 says no person may operate a motorcycle between adjacent lanes of traffic, or between adjacent lines or rows of vehicles. It is a Class 2 misdemeanor, and only on-duty police are exempt (32-20-9.4).

Is lane filtering legal in South Dakota?

No. The ban in 32-20-9.3 covers riding between adjacent lines or rows of vehicles and has no exception for stopped or slow-moving traffic.

What is the fine for lane splitting in South Dakota?

The statutory maximum for a Class 2 misdemeanor is 30 days in a county jail, a $500 fine, or both (SDCL 22-6-2(2)). The FY2027 court fine and bond schedule lists operating a motorcycle between adjacent lanes at a $54 fine, $132.50 with court costs.

Can two motorcycles ride side by side in one lane in South Dakota?

Yes, up to two. SDCL 32-20-9.5 bars riding more than two abreast in a single lane, and 32-20-9.1 and 32-20-9.2 carve out two-abreast riding from the full-lane and same-lane passing rules.

Can motorcycles ride on the shoulder in South Dakota?

Not to pass. SDCL 32-26-28 says passing on the right may in no event be made by driving off the pavement or main traveled portion of the roadway, and 32-14-1 defines the roadway as exclusive of the berm or shoulder.

How many points is a lane splitting ticket in South Dakota?

SDCL 32-12-49.1 has no item that names riding between lanes. Its improper passing item carries 4 points and its other moving offenses item 2 points; the code does not say which applies. Under 32-12-53, a forfeiture of bail or collateral that has not been vacated counts as a conviction for points.