STATUTE:

Title 32. Motor Vehicles. Chapter 32-20. Motorcycle Regulation. Section 32-20-4 Protective helmet required for minor -- Violation a misdemeanor. :

"No person under eighteen years of age may operate or ride upon a motorcycle on the public streets or highways of this state unless the person wears a protective helmet of a type meeting department of transportation motor vehicle safety standard 218 as in effect on January 1, 1984. No person may operate a motorcycle with any person under the age of eighteen as a passenger if the passenger is not wearing a protective helmet. . . ."

FINE:

Title 32. Motor Vehicles. Chapter 32-20. Motorcycle Regulation. Section 32-20-4 Protective helmet required for minor -- Violation a misdemeanor. :

". . . A violation of this section is a Class 2 misdemeanor."

STANDARDS:

Title 32. Motor Vehicles. Chapter 32-20. Motorcycle Regulation. Section 32-20-4 Protective helmet required for minor -- Violation a misdemeanor. :

". . . of a type meeting department of transportation motor vehicle safety standard 218 as in effect on January 1, 1984."

COURT DECISIONS:

We have been unable to uncover any court decision from a court of record, either from the South Dakota Appellate or Supreme Courts, which indicates that the question of whether or not the language of South Dakota's helmet law is constitutional has not been addressed in the courts.

CURRENT ACTIVITY:

If you know of any current activity regarding efforts to remove or amend South Dakota's helmet law, in the Legislature or the Courts, please e-mail that information to us so we can update this site. Thanks.

STATE WEBSITES:

• State Homepage
• State Legislature
• South Dakota DMV

-- DISCLAIMER --

The foregoing is provided as educational information only and is not legal advice.