This bill aims to clarify the responsibilities and limit the liability of law enforcement officers and designated agents when removing disabled vehicles from highways, rights of way, or public waters in South Dakota. It establishes that if a driver cannot promptly arrange for the removal of a disabled vehicle, agents from the Division of Highway Patrol, the Department of Transportation, or local law enforcement must facilitate the vehicle's removal to a safe location. Additionally, these agents are required to manage any spilled cargo or personal property that may obstruct traffic or pose safety hazards. The bill specifies that the vehicle owner is responsible for any removal costs incurred by the state or its subdivisions.
Furthermore, the bill provides legal protection for agents involved in the removal process, stating that they will not be liable for damages to the disabled vehicle, its cargo, or surrounding areas, provided there is no gross negligence or willful misconduct. It extends this liability protection to include the removal of various types of disabled vehicles from public waters, such as boats, off-road vehicles, and snowmobiles, while also holding the owners of these vehicles accountable for removal costs. Overall, the legislation seeks to enhance public safety and streamline the process of dealing with disabled vehicles while protecting the interests of law enforcement and state agencies involved in these operations.