E-Bikes and Electric Scooters in South Dakota

Before you buy: how the three classes work

Under SDCL 32-20B-9, passed in 2019, an electric bicycle is a two or three wheeler you sit on, with pedals that work and a motor no stronger than 750 watts. Class I helps only while you pedal and cuts out at 20 mph. Class II can move the bike with no pedaling and also cuts out at 20 mph. Class III helps only while you pedal and cuts out at 28 mph.

Two more rules apply. Under SDCL 32-20B-11 the power must cut out the moment the rider quits pedaling or squeezes a brake, and SDCL 32-20B-15 requires a working speedometer on a Class III. A machine that misses those rules is not an electric bicycle in South Dakota's eyes.

No license, no plates, no title

The same 2019 act took e-bikes out of the motor vehicle rules. SDCL 32-14-1 leaves electric bicycles out of the term motor vehicle, SDCL 32-3-78 exempts them from title and registration, and SDCL 32-20-1 keeps them out of the moped and motorcycle definitions.

In real life, that means your 12 year old can ride a Class I to school with no credential at all, the same as on a regular bike. No insurance mandate applies, but call your homeowner's or renter's insurer to ask about theft and liability coverage, since many policies handle motorized items differently.

Choosing by age: who may ride what, and helmets

Only Class III has a statewide age rule: SDCL 32-20B-13 sets the operator minimum at 16, though a younger child may be a passenger on a Class III designed for one. The two slower classes have no age floor in state law.

There is no general bicycle helmet law in South Dakota. The helmet requirement in SDCL 32-20B-14 covers Class III only. Any rider at the controls who is not yet 18 must wear a snug, buckled bicycle helmet, and so must every passenger, adults included. If your younger child rides a Class I or II, the helmet rule is yours to set.

So if your 14 year old wants a fast commuter, a Class III is off the table for two more years; a Class I or II is the legal choice now.

• Class I (motor helps only while pedaling, up to 20 mph): any age, helmet optional under state law
• Class II (throttle works without pedaling, up to 20 mph): any age, helmet optional under state law
• Class III, pedal assist to 28 mph: rider at least 16, helmets for riders under 18 and all passengers, speedometer required

Out riding: roads, sidewalks and paths

On the road, an e-bike rider is bound by the same chapter 32-20B rules as anyone on a bicycle, including keeping as far right as practicable when moving slower than traffic. SDCL 32-26-21.1 allows bicycles on sidewalks unless the city restricts it, and on a sidewalk the rider gives way to pedestrians and sounds a warning before passing.

Path access is set by SDCL 32-20B-12. Class I and II are allowed on bike and shared-use paths everywhere a local government has not banned them. Class III is confined to paths that sit within or alongside a roadway, unless the owner gives express permission. Dirt and other natural surface trails closed to motors are open to Class III unless the managing agency says otherwise.

Two trails people ask about

The George S. Mickelson Trail through the Black Hills used to be closed to every motorized vehicle. In 2025 lawmakers passed Senate Bill 79, changing SDCL 41-17-27 so Class I e-bikes are now welcome. Class II and III are still banned there, and breaking that rule is a Class 2 misdemeanor.

Sioux Falls rewrote its ordinances to let Class I and Class II e-bikes onto its Recreation Trail, with Class II allowed from June 1, 2024. On its trail safety page the city posts a 15 mph trail limit, bars motorized vehicles, and calls pedal-less electric bikes and one-wheels unsafe for the shared path. Read the city bike ordinance before taking a Class III there.

Stand-up electric scooters

State law's name for a stand-up e-scooter is motorized foot scooter, and SDCL 32-26-21.4 describes it as having handlebars, being made to stand or sit on, running on two or fewer wheels no bigger than 12 inches, and using an electric motor that cannot exceed 15 mph on level ground. SDCL 32-26-21.5 exempts these scooters from the registration, title, licensing and insurance chapters.

Since 2021, scooters have been allowed on sidewalks, though cities can limit that. A 2022 law, SDCL 32-26-21.6, lets a city pass an ordinance opening its streets, bike paths and multi-use paths to them. Without that ordinance, street riding is not authorized. No minimum age appears in the statute, so rental companies set their own.

If it is too powerful: when it becomes a moped or motorcycle

South Dakota defines motorcycle broadly in SDCL 32-20-1, sweeping in motorbikes, mopeds, bicycles with motors attached, and motor driven vehicles with a seat or a platform to stand on. An e-bike over 750 watts or a scooter that goes faster than 15 mph no longer fits the e-bike or foot scooter definitions and ends up in that category.

SDCL 32-20-2 then requires a moped operator to hold a valid driver license or permit, and SDCL 32-20-4 puts riders under 18 on a motorcycle in a DOT approved helmet. A moped needs a title or plates only if the owner chooses to title or license it. Unsure what you are buying? Email DPS at [email protected] before the rider takes it onto a public road.