Any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more or any off-road vehicle with two wheels and with a combustion engine having a piston or rotor displacement of one hundred twenty cubic centimeters or more or any all-terrain vehicle, with four or more wheels, propelled by an electric motor that draws power from a battery that is capable of being recharged may be licensed as a motorcycle pursuant to chapter 32-5 to be used on a public highway.

Prior to being licensed, the vehicle shall meet the necessary light, brake, and other vehicle accessory requirements provided by chapters 32-15, 32-17, and 32-18 that are applicable to motorcycles.

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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Terms Used In South Dakota Codified Laws 32-20-13

  • Motorcycle: includes motorcycles, motorbikes, mopeds, bicycles with motor attached, and all motor operated vehicles of the bicycle or tricycle type, whether the motive power be a part thereof or attached thereto, and having a saddle or seat with the driver sitting astride or upon it, or a platform on which the driver stands, but excluding a tractor. See South Dakota Codified Laws 32-20-1
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

This section does not apply to a golf cart, as defined in § 32-14-13, a low-speed vehicle, as described in § 32-3-71, or a toy or youth off-road vehicle.

Any vehicle licensed pursuant to this section may not be operated on the interstate highway system. A person who operates any vehicle licensed pursuant to this section on the interstate highway system is guilty of a Class 2 misdemeanor.

Source: SL 1987, ch 233, § 2; SL 1989, ch 270, § 1; SL 2017, ch 141, § 1; SL 2022, ch 98, § 1, eff. Feb. 23, 2022.