South Dakota Administrative Code

Rule 61:18:03:01 Incompetence. 61:18:03:01. Incompetence. The following persons are presumed to be incompetent to drive a motor vehicle and are subject to suspension, revocation, or cancellation until the secretary is satisfied that the reissuance of a license to such a person is…

Rule 61:18:03:02 Ineligibility for restricted license. 61:18:03:02. Ineligibility for restricted license. The department may not issue a restricted license during a suspension, revocation, or cancellation under SDCL subdivision 32-12-49(3). Source: 26 SDR 9, effective August 2, 1…

Rule 61:18:04:01 Repealed. 61:18:04:01. Unlawful possession or fraudulent use of license.Repealed. Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 219, effective June 29, 1995; repe…

Rule 61:18:04:02 Eligibility for restricted license. 61:18:04:02. Eligibility for restricted license. A person whose license is suspended pursuant to SDCL subdivision 32-12-49(4) is eligible for a restricted license issued pursuant to article 61:19 unless the suspension is a seco…

Rule 61:18:05:01 Out-of-state convictions for offenses requiring suspension, revocation, cancellation, or disqualification. 61:18:05:01. Out-of-state convictions for offenses requiring suspension, revocation, cancellation, or disqualification. Upon receipt from another state of a…

Rule 61:18:05:02 Eligibility for restricted license. 61:18:05:02. Eligibility for restricted license. A person suspended for an out-of-state conviction or final administrative decision is eligible for a restricted license on the same basis as if the offense had been committed in …

Rule 61:18:07:01 Failure to pay fine or comply with citations. 61:18:07:01. Failure to pay fine or comply with citations. Upon receipt of notice of failure by a South Dakota licensed driver or resident to pay a fine or comply with a traffic citation in this state or another state…

Rule 61:18:07:02 Ineligibility for restricted license. 61:18:07:02. Ineligibility for restricted license. The department may not issue a restricted license during a suspension, revocation, cancellation, or disqualification under SDCL subdivision 32-12-49(7). Source: 26 SDR 9, eff…

Rule 61:18:08:01 Repealed. 61:18:08:01. Documents required for applicant of a first-time driver license or identification card. Repealed. Source: 25 SDR 34, effective September 15, 1998; 35 SDR 305, effective July 1, 2009; repealed, 42 SDR 31, effective September 9, 2015.

Rule 61:18:08:02 Documents required for applicant holding an out-of-state driver license or identification card. 61:18:08:02. Documents required for applicant holding an out-of-state driver license or identification card. A South Dakota resident making application for a South Dak…

Rule 61:18:08:03 Repealed. 61:18:08:03. Documents required for applicant holding South Dakota identification card. Repealed. Source: 25 SDR 34, effective September 15, 1998; 35 SDR 305, effective July 1, 2009; repealed, 42 SDR 31, effective September 9, 2015.

Rule 61:18:08:04 Fraudulent documents and fraudulent use of documents. 61:18:08:04. Fraudulent documents and fraudulent use of documents. If the department has good cause to believe that a document presented by an applicant is a fraudulent document or a valid document issued to s…

Rule 61:18:09:01 Eligibility for restricted license. 61:18:09:01. Eligibility for restricted license. A person whose license is suspended under SDCL subdivision 32-12-49(8) is eligible for a restricted license issued pursuant to article 61:19 unless the suspension is for a second…

Rule 61:18:10:01 Deference to court. 61:18:10:01. Deference to court. If a person's license or permit has been suspended, revoked, disqualified, or cancelled and a South Dakota court has authority to issue a license, permit, or restricted license, the department may not issue a r…

Rule 61:19:01:01 Eligibility for restricted license. 61:19:01:01. Eligibility for restricted license. A person whose driving privileges are revoked under SDCL 32-23-11 is eligible for a restricted license issued pursuant to this article unless within the ten-year period preceding…

Rule 61:19:01:02 Repealed. 61:19:01:02. Ineligibility.Repealed. Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 187, effective May 14, 1997; repealed, 25 SDR 34, effective September 1…

Rule 61:19:01:03 Multiple grounds for withdrawal of driving privileges. 61:19:01:03. Multiple grounds for withdrawal of driving privileges. A person is ineligible for a restricted license if the person's driving privileges are subject to suspension, revocation, cancellation, or d…

Rule 61:19:01:04 Revocation of restricted license. 61:19:01:04. Revocation of restricted license. A person is ineligible for a restricted license for the remainder of the period of suspension, revocation, disqualification, or cancellation if the person had previously been issued …

Rule 61:19:02:01 Application. 61:19:02:01. Application. Application for a restricted license shall be made to the Department of Public Safety. The application for a restricted license shall include the following: (1) Name, address, phone number, date of birth, age, color of eyes,…

Rule 61:19:02:02 Affidavits to be included. 61:19:02:02. Affidavits to be included. To be eligible for a restricted license, the applicant shall furnish, along with the application, one of the following: (1) An affidavit from the applicant's employer stating that the applicant ne…

Rule 61:19:02:03 Lack of alternate means of transportation. 61:19:02:03. Lack of alternate means of transportation. The applicant shall submit an affidavit stating that there exists no other reasonable alternative means of transportation to and from work or school. Source: 3 SDR …

Rule 61:19:02:04 Determining need. 61:19:02:04. Determining need. For the purposes of § 61:19:02:02 in determining the need to operate a motor vehicle to and from work or school, the following shall be considered: (1) Residence more than one mile from place of employment or schoo…

Rule 61:19:02:05 Continued employment to determine need. 61:19:02:05. Continued employment to determine need. For the purposes of § 61:19:02:02, need to drive while at work means that the applicant's continued employment is conditioned on the applicant's privilege to drive during…

Rule 61:19:02:06 Repealed. 61:19:02:06. Violation of restricted license.Repealed. Source: 21 SDR 219, effective June 29, 1995; transferred from § 61:18:01:19, 23 SDR 187, effective May 14, 1997; repealed, 25 SDR 34, effective September 15, 1998.

Rule 61:19:02:07 Proof of financial responsibility. 61:19:02:07. Proof of financial responsibility. The applicant shall submit evidence of financial responsibility pursuant to the provisions of SDCL chapter 32-35. Source: 33 SDR 108, effective December 27, 2006. General Authority…

Rule 61:19:03:01 Need established -- License issued. 61:19:03:01. Need established -- License issued. The department shall issue a restricted license within 30 days of receipt of the required information if it finds that need has been established pursuant to § 61:19:02:04 or 61:1…

Rule 61:19:03:02 Denial of license - Hearing available. 61:19:03:02. Denial of license -- Hearing available. If the department finds, after an investigation of the request to have a license issued, that the applicant fails to meet any eligibility requirement for the issuance of a…

Rule 61:19:04:01 Limitations. 61:19:04:01. Limitations. A restricted license shall clearly state the restrictions and provide sufficient information to enable law enforcement personnel to determine whether the licensee is in compliance, including the following information: (1) Th…

Rule 61:19:05:01 Repealed. 61:19:05:01. Conviction of traffic violation or unauthorized use.Repealed. Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 25 SDR 34, effective September…

Rule 61:19:05:02 Repealed. 61:19:05:02. Notice of violation.Repealed. Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 25 SDR 34, effective September 15, 1998.

Rule 61:19:05:03 Grounds for revocation. 61:19:05:03. Grounds for revocation. The following are grounds for revocation of a restricted license: (1) Ineligibility pursuant to standards in chapter 61:19:02 at the time of issuance of the restricted license or at any point thereafter…

Rule 61:23:01:01 Repealed. 61:23:01:01. Motor carrier safety regulations.Repealed. Source: 11 SDR 76, effective December 4, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 26 SDR 57, effective September 9, 1998.

Rule 61:23:01:02 Repealed. 61:23:01:02. Regulations for transportation of hazardous materials.Repealed. Source: 11 SDR 76, effective December 4, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 26 SDR 57, effective September 9, 1998.

Rule 61:23:01:03 Hours of service exemption -- Planting and harvesting season. 61:23:01:03. Hours of service exemption -- Planting and harvesting season. The hours of service regulations as defined in 49 C.F.R. 395, and authorized by 49 C.F.R. 395.1(k), do not apply to any driver…

61:23:01:04. Adoption of Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service Criteria. Enforcement criteria for motor carrier safety regulations and for the safe transportation of hazardous materials in this state must be in accordance with the North …

Rule 61:24:01:01 Repealed. 61:24:01:01. Out-of-compliance dealer defined. Repealed. Source: 16 SDR 111, effective January 7, 1990; 24 SDR 180, effective July 1, 1998; repealed, 35 SDR 48, effective September 8, 2008.

Rule 61:24:01:02 Repealed. 61:24:01:02. Repeated failure defined. Repealed. Source: 16 SDR 111, effective January 7, 1990; 24 SDR 180, effective July 1, 1998; repealed, 35 SDR 48, effective September 8, 2008.

Rule 61:24:01:03 Temporary closing defined. 61:24:01:03. Temporary closing defined. Temporary closing means that the principal place of business is closed more than ten continuous days for any purpose. Source: 16 SDR 111, effective January 7, 1990; 24 SDR 180, effective July 1, 1…

61:24:02:01. Application process -- Dealer license. The department shall publish dealer license application forms online. A completed form must contain, as applicable, the following: (1) Information required by SDCL 32-6B-6, 32-6C-3, 32-7A-4.1, and 32-7B-4; (2) The license fee se…

Rule 61:24:02:02 Repealed. 61:24:02:02. Inspection process -- Dealer license. Repealed. Source: 16 SDR 111, effective January 7, 1990; 24 SDR 180, effective July 1, 1998; repealed, 35 SDR 48, effective September 8, 2008.

61:24:02:03. Dealer license renewal. Each year after an initial license is issued and at least three months before the license renewal deadline described below, the department shall send the licensee a renewal notice. The notice must contain the deadline for renewal and informati…

61:24:02:04. Initial and renewal staggered licensing of boat dealers. A boat dealer shall obtain a license and renew a license on a staggered licensing system. In the initial period, a boat dealer must apply for a boat dealer license and pay the entire initial year fee. After rev…

61:24:02:05. Initial and renewal staggered licensing of dealers. A dealer shall obtain a license and renew a license on a staggered licensing system. If the licensee has multiple dealer licenses, the dealer shall renew each license during one assigned staggered license renewal mo…

Rule 61:24:03:01 Maintenance of principal place of business. 61:24:03:01. Maintenance of principal place of business. A dealer licensed by the department shall at all times maintain a principal place of business as defined in SDCL 32-6B-2, 32-7A-2, and 32-7B-21. To be considered …

Rule 61:24:03:02 Notice of change in principal place of business. 61:24:03:02. Notice of change in principal place of business. A dealer licensee desiring to move the principal place of business to a new location must notify the department in writing 30 days in advance of the pro…

Rule 61:24:03:03 Record keeping requirements. 61:24:03:03. Record keeping requirements. A licensed dealer must keep the records specified in SDCL chapters 32-6B and 32-7B in the office of the dealer's principal place of business, unless a contract is entered into between a titlin…

Rule 61:24:03:04 Inspection after receipt of information questioning compliance 61:24:03:04. Inspection after receipt of information questioning compliance. In addition to routine periodic inspections, upon receipt of information from a law enforcement officer, a person who has t…

Rule 61:24:03:05 Contents of consignment contract. 61:24:03:05. Contents of consignment contract. The contract required by SDCL chapters 32-6B and 32-7B must contain, at a minimum, the following information: (1) The name and address of the consignor (the owner); (2) The name and …

Rule 61:24:03:06 Records to be made available prior to consignment sale. 61:24:03:06. Records to be made available prior to consignment sale. Prior to a consignment sale, the following documents must be available at the dealership or auction for inspection by the department at al…

Rule 61:24:03:07 Records to be maintained for five years. 61:24:03:07. Records to be maintained for five years. A dealer or auctioneer must maintain records, documents, and contracts for consignment sales for inspection by the department for five years following the sale. Source:…