The following provisions apply to any motor vehicle not in a funeral procession when approaching or being approached by a funeral procession:

(1) The operator of a motor vehicle not in a funeral procession may not drive between the vehicles comprising a funeral procession while those vehicles are in motion unless authorized to do so by a law enforcement officer or unless the vehicle is an emergency vehicle giving an audible or visible signal;

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

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(2) The operator of a motor vehicle not in a funeral procession may not join a funeral procession for the purpose of securing the right-of-way granted under § 32-26-53 ;

(3) The operator of a motor vehicle not in a funeral procession may not pass the vehicles in a funeral procession on any two-lane highway or roadway;

(4) Notwithstanding the provisions of §§ 32-26-15 and 32-31-6 , the operator of a motor vehicle not in a funeral procession may pass a funeral procession on the left on any highway having two or more lanes traveling in the same direction as the procession if the passing can be done safely. If the funeral procession is in the farthest left lane, the operator may pass a procession on the right if the passing can be done safely; and

(5) If a funeral procession is proceeding through a red signal as permitted under § 32-26-53 , the operator of a motor vehicle not in the funeral procession may not enter the intersection unless the operator can do so without crossing the path of the funeral procession.

A violation of any provision in this section is a Class 2 misdemeanor.

Source: SL 2020, ch 125, § 5.