Electric Scooters are legal - within the relevant regulations
As of 2026, South Dakota regulates electric scooters under the classification of motorized foot scooters following the successful enactment of House Bill 1084.
The state provides a foundational legal framework that exempts these vehicles from standard motor vehicle requirements while granting broad authority to local municipalities to determine specific rules for roadway and sidewalk access.
State-level classification and definition
Under South Dakota Codified Laws (§ 32-26-21.4), a motorized foot scooter is defined by its mechanical build and performance capabilities.
Design: A wheeled conveyance with handlebars designed to be stood or sat upon by the operator.
Power: Propelled by an electric motor with or without human propulsion.
Wheels: The device must have no more than two wheels, each with a diameter of twelve inches or smaller.
Speed: The motor must be capable of a maximum speed of fifteen miles per hour on a flat surface.
Exemption: Motorized foot scooters are explicitly exempt from the state laws governing motorcycles, mopeds, and motor vehicle titling and registration.
2026 Legislative Updates and Local Control
Note: As of January 2026, the provisions of House Bill 1084 are fully codified, allowing municipalities to adopt specific traffic regulations.
Current Status (January 2026): Registration and insurance are not required for motorized foot scooters at the state level.
Municipal Authority: Section 32-26-21.6 allows cities to adopt ordinances permitting the use of these scooters on any street, bike path, or multi-use path within their boundaries.
Default Sidewalk Rule: Under Section 32-26-21.1, motorized foot scooters are permitted on sidewalks unless a local governing body passes an ordinance to restrict them.
Licensing and age requirements
License: No driver’s license or specialized permit is required by the state to operate a motorized foot scooter.
Minimum Age: South Dakota legislation does not specify a minimum age for private operation; however, shared rental programs typically enforce an 18+ age limit.
Identification: While not legally required for operation, carrying a form of identification is recommended for riders on public roadways.
Performance and equipment limits
To be compliant in South Dakota, a motorized foot scooter must meet the following standards:
Speed: The device must have a maximum speed capability of 15 mph.
Brakes: A functional braking system is required for safe operation.
Night Lighting: For use between sunset and sunrise, state law for vehicles generally requires a white front lamp and a red rear light or reflector.
Power: The device must be powered by an electric motor and is distinct from electric bicycles.
Operational rules and permitted areas
Operators must adhere to standard rules of the road and respect pedestrian right-of-way.
Roadways: Permitted on streets within municipalities that have adopted permissive ordinances. Riders must stay as far to the right as practicable.
Sidewalks: Allowed by default under state law, though riders must yield to all pedestrians and give an audible signal before passing.
Bike Paths: Generally permitted on bike paths and multi-use paths unless a municipality has restricted their use.
Yielding: Operators must exercise due care to avoid collisions and follow the flow of traffic when on the road.
Helmet laws
Not Mandatory: There is no statewide helmet mandate for electric scooter riders in South Dakota, regardless of age.
Minors: Helmets are not required by state law, however it is recommended to review local regulations.
Adults: Helmets are not required by law.
Disclaimer: Bo USA Inc. endeavours to keep these documents up to date and relevant, however does not in any manner guarantee the accuracy of the included findings regarding electric scooter laws in the United States. Always carry out secondary research to validate any statement - and refer directly to the relevant authority before presuming accuracy.
Electric scooter riders or those considering to purchase or begin riding electric scooters should refer to their local governments to obtain the most up-to-date information on the applicable, local legal standing of scooters.
The Bo Model-M: Since the electric scooter is legal in South Dakota, it is worth investing in a vehicle that is going to have a real integrity and quality to its manufacture. This means it will bring you pleasure every time you use it.
To that end, it is interesting to know that Bo is the only electric scooter designed and engineered by a team of real car guys. Where the rest of the scooter industry took plasticky toys and ruggedised them, we started with a blank sheet of paper to develop the best vehicle in the world for local journeys.
Of course, you can only really feel the benefit of that when you ride it for yourself; that is why we give an extraordinary 60 day return policy and have a customer response team full of the engineers who made it. When you contact Bo, you're going straight to the source.
Visit the Model M page - click here
Learn more about how we made the 'M' - click here
Go watch a Youtube about the Model-M - click here
Return to the State-by-State regulation page - click here
