HB 1242

 26.861.9  101st Legislative Session  1242
                                         2026 South Dakota Legislature
                                                  House Bill 1242
 Introduced by: Representative Jensen (Phil)
1 An Act to require emergency personnel to use flares or emergency reflective
2triangles to mark stopped emergency vehicles in some circumstances.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 32-31-3 be AMENDED:
532-31-3. The exemptions granted in subdivisions 32-31-2(2) and (3) to an
6     authorized emergency vehicle apply only if the vehicle is making use of audible or visual
7     signals meeting the requirements of law. However, the
8The exemption granted in subdivision 32-31-2(1) to an authorized emergency
9     vehicle applies only if the driver of the emergency vehicle is making use of:
10     (1)      Using visual signals meeting the requirements of law; and
11     (2)      Has placed, as soon as practicable after stopping, three flares or emergency
12reflective triangles on the roadway, in the manner and as required by section 2 of
13this Act.
14 Section 2. That a NEW SECTION be added to chapter 32-31:
15The driver of an emergency vehicle that is stopped to respond to an emergency
16     must mark the location by placing three flares or emergency reflective triangles on the
17     roadway if:
18     (1)      Visibility is reduced due to:
19(a)    Weather;
20(b)    Terrain;
21(c)    Time of day;
22     (2)      Road conditions at the time of the emergency reduce a driver's ability to slow or
23stop a motor vehicle; or
24     (3)      The nature of the emergency requires emergency vehicles to be at the location for
25an extended period of time.
                                                                              Underscores indicate new language.
                                                                            Overstrikes indicate deleted language.
 26.861.9  2  1242
1If traffic on the roadway moves in two directions, one of the flares or emergency
2    reflective triangles must be placed at least one hundred feet in the front, one at least one
3    hundred feet to the rear, and one alongside the stopped emergency vehicle.
4Upon a one-way roadway or divided highway, one of the flares or emergency
5    reflective triangles must be placed at least one hundred feet to the rear, one at least two
6    hundred feet to the rear, and one alongside the stopped emergency vehicle.
7 Section 3. That § 32-31-6.2 be AMENDED:
832-31-6.2. Any driver of a motor vehicle who, while violating § 32-31-6.1, causes
9    an accident, is guilty of a Class 1 misdemeanor if:
10    (1)     The accident is with a stopped emergency vehicle making use of its red visual
11signals; or
12    (2)     The accident is with a stopped emergency vehicle marked additionally by flares or
13emergency reflective triangles in the circumstances described in section 2 of this
14Act; or
15    (3)     The accident is with any vehicle making use of amber, yellow, or blue warning
16lights and the vehicle is either stopped or occupying the shoulder of the highway.
                                                                              Underscores indicate new language.
                                                                            Overstrikes indicate deleted language.