No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise.

Exhaust systems on passenger or passengercarrying vehicles used on any highway shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. Any motor vehicle equipped with side exhaust according to the original vehicle manufacturer specifications is exempt from the location requirements. A bus used for the purpose of carrying school children may discharge the exhaust on the left side in front of the rear axle.

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

Terms Used In South Dakota Codified Laws 32-15-17

Exhaust systems on propertycarrying vehicles used on any highway shall discharge the exhaust fumes at a point rearward of the passengercarrying compartment.

No person may use a muffler cutout on any motor vehicle upon a highway.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0350; SL 1977, ch 189, § 107; SL 1977, ch 261; SL 1986, ch 132, § 4; SL 1989, ch 255, § 33; SL 2002, ch 157, § 1.