January 17, 1980

Dr. Frederick W. Zuercher, Secretary 
Department of Public Safety 
Public Safety Building 
Pierre, South Dakota 57501

Official Opinion No. 80-5

Rear lamps on vehicles

Dear Dr. Zuercher:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

SDCL, as amended by Chapter 230, section 5, Session Laws of 1978, requires rear lamps on certain vehicles therein described, and also provides: 

Farm vehicles which are being drawn at the end of a train of vehicles shall be equipped with two four-inch reflectors so as to exhibit a red light plainly visible from a distance of five hundred feet to the rear.

Based on the above facts, you have asked the following question:

QUESTION: 

Do farm vehicles which are being drawn at the end of a train of vehicles need to be equipped with rear lamps as prescribed in SDCL 32-17-8, or are they only required to be equipped with two four-inch reflectors?

It is my opinion that the answer to your question is that they must have both lights and reflectors.

SDCL 32-17-8 provides: 

Every motor vehicle, trailer, semitrailer and pole trailer, except as otherwise provided in this section, and any other vehicle which is being drawn at the end of a combination of vehicles shall be equipped with at least  two tail lamps mounted on the rear, which when lighted as required in §  32- 17-4 shall emit a red light plainly visible from a distance of one thousand feet to the rear.  However, motor vehicles, trailers, semitrailers and pole trailers manufactured and assembled prior to July 1, 1973, and motorcycles and motor driven cycles, except mopeds as defined in §  32-20-1, shall have at least one tail lamp, which when lighted as required in §  32-17-4 shall emit a red light plainly visible from a distance of five hundred feet to the rear. Mopeds shall have at least one tail lamp which when lighted as required in §  32-17-4 shall emit a red light plainly visible from a distance of two hundred and fifty feet to the rear.  Farm vehicles which are being drawn at the end of a train of vehicles shall be equipped with two four-inch reflectors so as to exhibit a red light plainly visible from a distance of five hundred feet to the rear.  On a combination of vehicles, only the tail lamps on the rearmost vehicle need actually be seen from the distance specified.  On vehicles with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable.  Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than fifteen inches.

Your request does not include interpretation of SDCL 32-17-8.1  (requirement for stop lamps), 32-17-14 (requirement for clearance lamps), or 32-17-15 (requirement for identification lamps).  You have, however, indicated  that you contend 'farm vehicles' are covered by those statutory requirements and that, therefore, it would be ludicrous on the part of the Legislature to exempt 'farm vehicles' from the requirement for rear lamps.

The purported subject matter coverage set forth in SDCL 32-17-8 differs from that set forth in 32-17-8.1, 32-17-14, and 32-17-15 in that it contains, in addition to specific categories, the following language:  'and any other vehicle which is being drawn at the end of a combination of vehicles.' The inclusion of the last above-quoted language indicates a recognition by the Legislature that not all 'vehicles' are within the description 'motor vehicle, trailer, semitrailer and pole trailer.'  The same four categories are designated in 32-17-8.1 as requiring stop lamps.

The term 'trailer,' as defined at 32-14-1(7) requires that the same be 'designed' for carrying property or passengers.  Many types of 'farm vehicles' do not meet that requirement.

Many types of 'farm vehicles' do not fulfill the definition of 'motor vehicle.'

The categories designated in 32-17-14 and 32-17-15 substitute 'truck, truck tractor, bus with capacity of ten or more passengers' for 'motor vehicle' and otherwise designate the same categories as does 32-17-8.1.

SDCL 32-14-1 defines 32 terms (including 'vehicle,' 'motor vehicle,' and  'trailer') used in Chapters 32-14 to 32-19, inclusive, and does not  specifically define the term 'farm vehicle.'

It is my further opinion that 32-17-8.1, 32-17-14, and 32-17-15 do not apply to devices other than those designated in the respective sections.  It is further my opinion that 'farm vehicles which are being drawn at the end of a train of vehicles' do not fall within the designations contained at 32-17-8.1, 32-17-14, and 32-17-15, and do all fall within the designation of 'any other vehicle' as that term is used in 32-17-8.

Respectfully submitted,

Mark V. Meierhenry
Attorney General