Transportation (Freight) in South Dakota

signed · South Dakota · House Mar 9, 2026

HB 1188: limit the liability of law enforcement officers and others when removing a disabled vehicle from a highway, a right of way, or public waters.

HB 1188 clarifies that law enforcement, highway patrols, or authorized personnel must arrange for the removal of disabled vehicles (or spilled cargo) from highways, roadside areas, or public waters if they obstruct traffic or create safety hazards. Vehicle owners are responsible for all removal costs incurred by the state or local agencies. The bill limits liability for officials and removal agencies, stating they cannot be held liable for damages to the vehicle, cargo, or personal property unless there was gross negligence or willful misconduct during removal. This directly affects vehicle owners (who pay costs) and public safety officials (who gain liability protection under defined conditions).

Topics ✓ Transportation

Sub-Topics Freight Roads & Highways Vehicle Registration

All transportation bills

HB 1188: limit the liability of law enforcement officers and others when removing a disabled vehicle from a highway, a right of way, or public waters.