South Dakota Truck Driver Phone Law
You carry the federal hand-held ban into South Dakota, so a hand-held call that is legal for the four-wheeler next to you is still a 392.82 violation for you. Since July 2020 South Dakota bans texting, browsing, video and social media for all drivers as a primary offense (SDCL 32-26-47.1), a Class 2 misdemeanor running about $178.50. State law still lets the public hold the phone for a voice call; federal law does not let you.
The federal ban applies here first
Federal law rides with your CDL in every state. FMCSA 49 CFR 392.82 bans all hand-held phone use while driving a CMV: no holding it to talk, no dialing more than a single button, no reaching for the phone out of your belted seat. A separate rule (49 CFR 392.80) bans texting and manual data entry. Only hands-free counts as compliant (mounted or in close reach, one-touch or voice, no reaching), and the only exception is calling 911. "Driving" includes sitting at a red light or stuck in traffic; you are clear only once fully off the road and stopped. Penalties run up to $2,750 for the driver and $11,000 for the carrier. It is a CSA serious violation: two convictions in any 3-year period disqualify your CDL for 60 days, three or more for 120 days (49 CFR 383.51).
South Dakota’s rule for all drivers
You carry the federal hand-held ban into South Dakota, so a hand-held call that is legal for the four-wheeler next to you is still a 392.82 violation for you. Since July 2020 South Dakota bans texting, browsing, video and social media for all drivers as a primary offense (SDCL 32-26-47.1), a Class 2 misdemeanor running about $178.50. State law still lets the public hold the phone for a voice call; federal law does not let you.
- Hand-held: Texting ban only
- Texting: Texting, browsing, video and social media banned for all drivers, primary enforcement (SDCL 32-26-47.1, Class 2 misdemeanor). The 2020 law replaced the old secondary texting-only ban (32-26-47); handheld voice calls remain legal under state law.
- Fine: Class 2 misdemeanor, about $178.50 in practice (statutory max is a $500 fine and up to 30 days) (SDCL 32-26-47.1; 22-6-2).
- Points: South Dakota has no driver point system, so the state hit is the ~$178.50 misdemeanor. Federally it is a CSA serious violation: two in 3 years disqualify your CDL for 60 days, three for 120 (49 CFR 383.51).
South Dakota Truck Phone Law FAQ
Can truck drivers use a phone in South Dakota?
What is the phone fine in South Dakota?
Is texting while driving illegal in South Dakota?
Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://www.drivinglaws.org/resources/south-dakota-s-cellphone-use-texting-while-driving-laws.html. See our Terms & Disclaimer.
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