Is it illegal not to have headlights on in South Dakota during poor visibility?

South Dakota law requires that drivers have headlights on when visibility drops below 200 feet or during time between sunset and sunrise. A violation is a Class 2 misdemeanor.

The law isn’t just about drivers seeing the road in front of them. Headlights are important for drivers to see other vehicles during fog, rain or other low-visibility conditions.

Law enforcement is exempt if their actions are determined as “necessary under the circumstances to investigate … a suspected criminal violation.”

According to the state’s driver’s manual, parking lights are not to be used “at any time” as the sole source of headlights. In addition, vehicles that have “daytime running lights” also must use their normal headlights during low-visibility conditions.

The Highway Patrol frequently posts reminders on Facebook.

“When driving in fog/rain, please remember to turn your headlights on to increase visibility and turn your cruise control off to avoid hydroplaning.”