Unless otherwise prohibited by a governmental entity having jurisdiction, a person may operate a Class I or Class II electric bicycle on any bicycle path or multi-use path in this state.

A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in this state unless:

Terms Used In South Dakota Codified Laws 32-20B-12

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(1) The bicycle path or multi-use path is within or adjacent to a highway or roadway; or

(2) The governmental entity having jurisdiction over the bicycle path or multi-use path expressly permits the use.

A person may operate a Class III electric bicycle on a trail that has been designated as nonmotorized, if the trail was constructed only by clearing or grading the native soil and without the installation or placement of any additional surface material and if the governmental entity having jurisdiction over the trail has not otherwise prohibited or restricted the operation.

Source: SL 2019, ch 135, § 4.