25.498.9 100th Legislative Session 1065
2025 South Dakota Legislature
House Bill 1065
Introduced by: Representative Jordan
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to repeal the requirement that an adult occupant of a motor vehicle in 1
forward motion must wear a safety belt. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 32-38-1 be REPEALED. 4
Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat 5
passenger of a passenger vehicle operated on a public highway in this state shall wear a 6
properly adjusted and fastened safety seat belt system, required to be installed in the 7
passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 8
Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle 9
is in forward motion. The driver of the passenger vehicle shall secure or cause to be 10
secured a properly adjusted and fastened safety seat belt system on any passenger in the 11
front seat who is at least five years of age but younger than eighteen years of age. Any 12
violation of this section is not a moving traffic offense under the provisions of § 32-12-13
49.1. 14
Section 2. That § 32-38-2 be REPEALED. 15
For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle 16
intended primarily for use and operation on a public highway including any passenger car, 17
station wagon, van, taxicab, emergency vehicle, motor home, truck, or pickup. The term 18
does not include any motorcycle, motor scooter, motor bicycle, electric bicycle, multi-19
passenger quadricycle as defined in § 32-14-17, passenger bus, or school bus. The term 20
also does not include any farm tractor or implement of husbandry designed primarily or 21
exclusively for use in agricultural operations. 22
Section 3. That § 32-38-3 be REPEALED. 23
The provisions of § 32-38-1 do not apply to: 24 25.498.9 2 1065
Underscores indicate new language.
Overstrikes indicate deleted language.
(1) Any occupant of a passenger vehicle manufactured before September 1, 1973; 1
(2) Any occupant of a passenger vehicle who possesses a written statement from a 2
doctor licensed under chapter 36-4 or 36-5 that the individual is unable for medical 3
reasons to wear a safety seat belt system; 4
(3) Any occupant of a vehicle not equipped with a safety seat belt system because 5
federal law does not require that vehicle to be so equipped; or 6
(4) Any rural carrier of the United States Postal Service while serving his rural postal 7
route or any person delivering newspapers or periodicals on an assigned home 8
delivery route. 9
Section 4. That § 32-38-4 be REPEALED. 10
Failure to comply with the provisions of this chapter does not constitute 11
contributory negligence, comparative negligence, or assumption of the risk. Failure to 12
comply with the provisions of this chapter may not be introduced as evidence in any 13
criminal litigation other than a prosecution under this chapter or in any civil litigation on 14
the issue of injuries or on the issue of mitigation of damages. 15
Section 5. That § 32-38-5 be REPEALED. 16
Enforcement of this chapter by state or local law enforcement agencies shall be 17
accomplished as a secondary action. A violation of this chapter is a petty offense. 18