December 6, 1985

Mr. Jay M. Leibel 
City Attorney 
Post Office Box 406 
Madison, South Dakota 57042

OFFICIAL OPINION NO. 85-52

Restricted minor's permits

Dear Mr. Leibel:

You have requested that I interpret SDCL 32-12-12.  More particularly, you have asked the following question:

QUESTION: 

Are there circumstances under which a minor between fourteen and sixteen years of age can drive a motor vehicle by himself between the hours of 6 a.m. to 8 p.m.?

I find it significant that SDCL 32-12-12, in its original form, provided for restricted school and farm work permits.  SL 1955, Ch. 187, §  5.  Having been raised in a rural setting, I understand the problems many farm families face in getting their children to and from school.  I also appreciate the fact that, at certain times, every available hand is needed in order to finish all the work.

It is my opinion that the purpose of SDCL 32-12-12 in its present form was to ease these burdens.  It is further my opinion that the Legislature intended to do so by allowing minors to drive alone between the hours of 6 a.m. to 8 p.m. as long as they have the proper permit and consent.  Reading into the statute a requirement that the minor at all times be accompanied by either his parent or legal guardian or a qualified licensed driver would defeat what I view as the statute's purpose.

ANSWER: 

Accordingly, the answer to your question is YES, a minor may drive alone between the hours of 6 a.m. to 8 p.m. if, in addition to fulfilling the other requirements of SDCL 32-12-12, he has his parents' or legal guardians' consent.

Respectfully submitted,

Mark V. Meierhenry
Attorney General