require emergency personnel to use flares or emergency reflective triangles to mark stopped emergency vehicles in some circumstances.

26.861.9 101st Legislative Session 1242

2026 South Dakota Legislature
House Bill 1242

Introduced by: Representative Jensen (Phil)

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to require emergency personnel to use flares or emergency reflective 1
triangles to mark stopped emergency vehicles in some circumstances. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 32-31-3 be AMENDED: 4
32-31-3. The exemptions granted in subdivisions 32-31-2(2) and (3) to an 5
authorized emergency vehicle apply only if the vehicle is making use of audible or visual 6
signals meeting the requirements of law. However, the 7
The exemption granted in subdivision 32-31-2(1) to an authorized emergency 8
vehicle applies only if the driver of the emergency vehicle is making use of: 9
(1) Using visual signals meeting the requirements of law; and 10
(2) Has placed, as soon as practicable after stopping, three flares or emergency 11
reflective triangles on the roadway, in the manner and as required by section 2 of 12
this Act. 13
Section 2. That a NEW SECTION be added to chapter 32-31: 14
The driver of an emergency vehicle that is stopped to respond to an emergency 15
must mark the location by placing three flares or emergency reflective triangles on the 16
roadway if: 17
(1) Visibility is reduced due to: 18
(a) Weather; 19
(b) Terrain; 20
(c) Time of day; 21
(2) Road conditions at the time of the emergency reduce a driver's ability to slow or 22
stop a motor vehicle; or 23
(3) The nature of the emergency requires emergency vehicles to be at the location for 24
an extended period of time. 25
26.861.9 2 1242
Underscores indicate new language.
Overstrikes indicate deleted language.
If traffic on the roadway moves in two directions, one of the flares or emergency 1
reflective triangles must be placed at least one hundred feet in the front, one at least one 2
hundred feet to the rear, and one alongside the stopped emergency vehicle. 3
Upon a one -way roadway or divided highway, one of the flares or emergency 4
reflective triangles must be placed at least one hundred feet to the rear, one at least two 5
hundred feet to the rear, and one alongside the stopped emergency vehicle. 6
Section 3. That § 32-31-6.2 be AMENDED: 7
32-31-6.2. Any driver of a motor vehicle who, while violating § 32-31-6.1, causes 8
an accident, is guilty of a Class 1 misdemeanor if: 9
(1) The accident is with a stopped emergency vehicle making use of its red visual 10
signals; or 11
(2) The accident is with a stopped emergency vehicle marked additionally by flares or 12
emergency reflective triangles in the circumstances described in section 2 of this 13
Act; or 14
(3) The accident is with any vehicle making use of amber, yellow, or blue warning 15
lights and the vehicle is either stopped or occupying the shoulder of the highway. 16