Photo: Riche23, CC BY-SA 4.0, via Wikimedia Commons
A South Dakota Restricted Minor’s Permit lets you drive alone from 6 a.m. to 10 p.m. with your parent’s permission, with no non-family passengers for the first 6 months and no phone use at all. This post sets out every restriction in South Dakota law, the exceptions for school, church, work and farm driving, and what happens if you break the rules.
Who can get a Restricted Minor’s Permit in South Dakota?
- Age 14 to 17.
- Held an instruction permit for 275 days, or 180 days after passing approved driver’s ed (permits issued on or after July 1, 2020).
- Completed 50 supervised hours, including 10 in inclement weather and 10 after dark, signed off by a parent or guardian.
- No traffic convictions in the last 6 months.
- Passed the drive test, unless approved driver’s ed within the last year waives it.
- Parent or guardian consent and the $38 fee (as of November 2026).
Permits issued before July 1, 2020 had shorter holding periods (180 days, or 90 with driver’s ed) and no 50-hour rule. How the upgrade test works: South Dakota drive test and when driver’s ed waives it.
What time can a South Dakota restricted permit holder drive?
| Time | Rule |
|---|---|
| 6 a.m. to 10 p.m. | Drive alone, with your parent or guardian’s permission |
| 10 p.m. to 6 a.m. | Only with your parent or legal guardian in the seat beside you, unless an exception applies |
The statute sets these hours in standard time (SDCL 32-12-12).
Exceptions to the 10 p.m. limit
You may drive alone after 10 p.m. when taking the most direct route to or from:
- school or a school event
- church or a church event (the statute says any religious worship service or meeting of a religious organization)
- work, including travel in connection with a job
The time limits also do not apply when you are driving self-propelled agricultural machinery that does not need registration, or doing farm-related work.
Scenario: late shift
You finish work at 11 p.m. Driving straight home is allowed. Stopping at a friend’s house on the way is not, because it is no longer the most direct route from work.
South Dakota restricted permit passenger rules
| Time on the permit | Passengers allowed when driving without a parent |
|---|---|
| First 6 months | Only immediate family or members of your household |
| After 6 months | No more than one passenger under 18 who is not immediate family or a household member |
The passenger limits do not apply when you are accompanied by your parent or guardian, or by a passenger who is at least 18, has a year of driving experience and lives in your household (SDCL 32-12-12.5).
The DPS teen page summarizes the later rule as “only ONE passenger” outside your family or household. If you plan to carry adult friends, check with DPS first. DPS also advises parents to ban passengers for the first year.
Phones and other restrictions
- No wireless communication devices: no phone, texting device or anything that sends or receives messages while driving. Police enforce this as a secondary offense, meaning they need another reason to stop you first (SDCL 32-12-12.4). Texting is banned for all drivers regardless. See hands-free and texting laws.
- Carry the permit: you must have it in your immediate physical possession while driving.
- Vehicle weight: nothing over 20,000 pounds gross vehicle weight, except unregistered agricultural machinery (SDCL 32-12-13).
- Restricted vehicle types: no vehicles carrying a sawmill, used for mining or logging transport, or used in road building or off-farm dam and dugout construction (SDCL 32-12-14).
- Seatbelts: everyone under 18 must be belted, front and back.
Your license shows restriction code R (restricted permit, 6 a.m. to 10 p.m.).
Penalties for South Dakota permit holders
Permits are issued on a probationary basis. For violations committed before your 16th birthday on an instruction or restricted permit (SDCL 32-12-15):
| Offense | Suspension |
|---|---|
| First Class 2 misdemeanor traffic conviction | 30 days |
| First violation of permit conditions (for example driving after hours or carrying extra passengers) | 30 days |
| Second traffic conviction or second permit violation | 180 days or until 16, whichever is longer |
| Felony or Class 1 misdemeanor traffic conviction | 180 days or until 16, whichever is longer |
After a first-offense suspension you apply for a duplicate license at an exam station. For a felony or Class 1 misdemeanor, a reinstatement fee applies. A conviction in the 6 months before you apply also delays your operator’s license, and points count as for any driver: see how license points work. Under-21 alcohol rules: zero tolerance laws.
Separately, the parent who signed for you can ask DPS in writing to cancel your permit or license while you are under 18.
When do the restrictions end?
At 16 you can upgrade to an operator’s license once you have held the restricted permit for 6 months and had no traffic convictions for 6 months. If your permit is federally compliant, you can do it online or by mail. If you do nothing, the permit converts to an operator’s license at 18.
Common questions
Can I drive to a friend’s house at 11 p.m. on a South Dakota restricted permit?
Only with your parent or guardian beside you. The after-10 p.m. exceptions cover school, church, work and farm travel only.
Does the 6-month passenger ban start when I get the restricted permit?
Yes. The statute counts the first six months of holding the restricted permit. The DPS page says it runs from the initial issuance date.
Can my brother or sister ride with me?
Yes. Immediate family and household members are always allowed.
Can I use GPS on my phone?
The law bans any type of wireless communication device while driving. Do not handle your phone at all.
Can I drive my family’s farm truck?
Ag machinery not subject to registration is exempt from the hours and weight limits. A registered truck over 20,000 pounds is not allowed.
Can I drive in other states on a South Dakota restricted permit?
Rules differ by state. See driving with a permit in another state.
Full roadmap: learning to drive in South Dakota. How other states compare: GDL laws by state.
Sources
- South Dakota Department of Public Safety, “Driver Licensing Information for Teen Drivers and Parents” (sd.gov)
- South Dakota Department of Public Safety, “South Dakota Teen Driver Graduated Licensing” flyer, effective 7/1/2025 (sd.gov)
- South Dakota Department of Public Safety, “South Dakota Driver License Manual” (sd.gov)
- South Dakota Department of Public Safety, “Upgrade South Dakota Restricted Minor’s Driving Permit” (sd.gov)
- South Dakota Department of Public Safety, “South Dakota Driver License Testing Information” (sd.gov)
- South Dakota Department of Public Safety, “Driver License/ID Card Fees” (sd.gov)
- South Dakota Legislature, “Codified Laws 32-12-12, 32-12-12.4, 32-12-12.5, 32-12-13, 32-12-14 and 32-12-15” (sdlegislature.gov)