32-12-12. Restricted minor's permit--Restrictions on operation. A restricted minor's permit may be issued, upon application and payment of the proper fees as provided in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of an instruction permit as provided in § 32-12-11 or 32-12-11.1 and has not been convicted of a traffic violation during the past six months. For any such minor who has successfully completed a driver education course that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety has determined has been approved by a state government agency in another state, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days. A restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard time if the motor vehicle is being operated with the permission of the holder's parent or guardian and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the holder's parent or guardian who is occupying a seat beside the holder. The restrictions as to time of operation and operation under the direction of a parent or guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled agricultural machine which is not subject to registration under chapter 32-5. No holder of a restricted minor's permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.

Source: SL 1955, ch 187, § 5; SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1970, ch 174; SL 1971, ch 187, § 1; SL 1977, ch 256, § 1; SL 1978, ch 230, § 8; SL 1982, ch 235; SL 1989, ch 265, § 12; SL 1993, ch 213, § 216; SL 1998, ch 186, § 2; SL 2000, ch 155, § 2; SL 2000, ch 156, § 1; SL 2001, ch 171, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 212, § 1; SL 2013, ch 145, § 3.