South Dakota Administrative Code

Rule 61:25:04:17 Notification requirements. 61:25:04:17. Notification requirements. Each third-party tester shall advise the department as follows: (1) Notify the department in writing 30 days prior to a change in the third-party tester's name or address; (2) Notify the departmen…

61:25:04:18. Test administration. Each skill test shall be conducted in accordance with the provisions in 49 C.F.R. 383, Subparts G and H as of September 30, 2019. Each skill test shall be conducted as follows: (1) On a test route approved by the department as indicated in § 61:2…

Rule 61:25:04:19 Denial/termination of third-party testing program and licenses. 61:25:04:19. Denial/termination of third-party testing program and certificates. The department may deny an application for a third-party tester or examiner's certificate if the applicant does not qu…

Rule 61:25:05:01 Eligibility for 180-day restricted commercial driver license. 61:25:05:01. Eligibility for 180-day restricted commercial driver license. Any driver who is a seasonal employee of a farm-related service industry, such as custom harvesters, farm retail outlet suppli…

Rule 61:25:05:02 Requirements for restricted commercial driver license. 61:25:05:02. Requirements for restricted commercial driver license. An applicant for a restricted commercial driver license shall meet all of the requirements of SDCL 32-12A-7, except for the knowledge and sk…

Rule 61:25:05:03 Vehicles covered by restricted commercial driver license. 61:25:05:03. Vehicles covered by restricted commercial driver license. The restricted commercial driver license authorizes the transportation of the products listed in § 61:25:05:04 in motor vehicles inclu…

Rule 61:25:05:04 Products covered by restricted commercial driver license. 61:25:05:04. Products covered by restricted commercial driver license. The restricted commercial driver license authorizes the transportation of agricultural products, farm machinery, or farm supplies to a…

Rule 61:25:05:05 Reciprocity. 61:25:05:05. Reciprocity. A restricted commercial driver license issued pursuant to this waiver authority in another state shall be accorded the same reciprocity as a commercial driver license pursuant to SDCL 32-12A-50. Source: 19 SDR 114, effective…

61:26:02:01. Fees. The fee for a new or renewed license or nondriver identification card issued pursuant to SDCL 32-12-42.1 must be prorated as follows: (1) For a license or nondriver identification card that would be valid for up to one year: twenty-five percent of the total app…

Rule 61:31:01:01 Definitions. 61:31:01:01. Definitions. In this chapter, unless the context otherwise plainly requires, the term "bus" means any motor vehicle with a capacity of ten or more passengers, excluding the driver, which is owned or operated by a nonprofit organization o…

Rule 61:31:01:02 Scope of application of rules. 61:31:01:02. Scope of application of rules. These rules shall provide the requirements that nonprofit buses must meet to pass the nonprofit bus vehicle inspection. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134,…

Rule 61:31:01:03 Brakes. 61:31:01:03. Brakes. All buses shall be equipped with those brakes required by and meeting the performance standards of SDCL 32-18. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effect…

Rule 61:31:01:04 Bumpers, fenders, hoods, and doors. 61:31:01:04. Bumpers, fenders, hoods, and doors. All buses originally equipped with bumpers and fenders shall have those items securely fastened to the vehicle and maintained in a good state of repair. Doors and hoods of all bu…

Rule 61:31:01:05 Exhaust system. 61:31:01:05. Exhaust system. Every bus shall be equipped with an exhaust system in compliance with SDCL 32-15, and the system shall be in good repair. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 …

Rule 61:31:01:06 Floor. 61:31:01:06. Floor. All buses shall have floors meeting the requirements of SDCL 32-15. All floor covering shall be securely attached to the floor of the vehicle and be in a condition which will not present a hazard to any passenger. Source: 5 SDR 19, effe…

Rule 61:31:01:07 Fuel tank. 61:31:01:07. Fuel tank. All buses shall be equipped with a fuel tank or tanks which shall be securely fastened to the vehicle and in good repair. The tank shall be equipped with a securely attached cap. Source: 5 SDR 19, effective September 14, 1978; 8…

Rule 61:31:01:08 Glass. 61:31:01:08. Glass. All buses shall be equipped with safety glass or safety glazing material in compliance with SDCL 32-15. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July …

Rule 61:31:01:09 Heater and defroster. 61:31:01:09. Heater and defroster. All buses originally equipped with defroster and heating units shall have those units installed and in good operable condition. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective…

Rule 61:31:01:10 Horn. 61:31:01:10. Horn. Every bus shall be equipped with a horn as required in SDCL 32-15, and the horn shall be in good operable condition. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effe…

Rule 61:31:01:11 Lighting. 61:31:01:11. Lighting. All buses shall meet the following lighting requirements: (1) All buses shall be equipped with exterior lighting as required by SDCL 32-17. All required lighting equipment shall be properly mounted, of an approved type, and in goo…

Rule 61:31:01:12 Mirrors. 61:31:01:12. Mirrors. All buses shall be equipped with one interior and two exterior rearview mirrors that provide a clear view to the driver to the rear and past the left and right rear of the bus. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 8…

Rule 61:31:01:13 Safety kit and fire extinguisher. 61:31:01:13. Safety kit and fire extinguisher. All buses shall be equipped with a 24-unit first aid kit and at least one dry chemical fire extinguisher having a capacity of at least two and one-half pounds, fully charged and firm…

Rule 61:31:01:14 Seats. 61:31:01:14. Seats. Buses shall have all seats securely fastened to the body of the vehicle and in such condition that they do not present a hazard to any passenger. Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 198…

Rule 61:31:01:15 Suspension system. 61:31:01:15. Suspension system. There shall be no excessive play or wear in any of the components of the suspension system or any binding of the steering mechanism when turned completely to the left or right. Source: 5 SDR 19, effective Septemb…

Rule 61:31:01:16 Tires and wheels. 61:31:01:16. Tires and wheels. All buses shall meet the following tire and wheel requirements: (1) No tire mounted on the bus shall have a cut into the fabric, be worn so that the fabric is visible, or have knots or bulges in the sidewall or tre…

Rule 61:31:01:17 Windshield wipers. 61:31:01:17. Windshield wipers. All buses shall be equipped with windshield wipers as required by SDCL 32-15 and wipers shall be in good operable condition. Wiper blades shall be equipped with a good live rubber surface. Those buses equipped wi…

Rule 61:31:01:18 Sticker placement on buses. 61:31:01:18. Sticker placement on buses. All inspected buses shall have the approval or rejection sticker mounted on the inside of the windshield in the lower right corner. The certificate issued with approval stickers shall remain in …

Rule 61:31:01:19 Rejection sticker -- Operation of bus prohibited. 61:31:01:19. Rejection sticker -- Operation of bus prohibited. A bus which is issued a rejection sticker is prohibited from transporting passengers until the bus displays a valid approval sticker. Source: 5 SDR 19…

Rule 61:31:01:20 Certification of nonprofit bus inspectors. 61:31:01:20. Certification of nonprofit bus inspectors. Any person who performs annual nonprofit bus inspections shall be at least 18 years of age and certified by the Division of Highway Patrol. A person shall successfu…

Rule 61:31:01:21 Revocation of certification. 61:31:01:21. Revocation of certification. Upon a determination by the Division of Highway Patrol that any person certified as a nonprofit bus inspector has failed to exercise an acceptable level of care in performing nonprofit bus ins…

Rule 61:32:01:01 Petition for declaratory ruling. 61:32:01:01. Petition for declaratory ruling. Any person may file a petition with the secretary of the Department of Public Safety for the purpose of requesting a declaratory ruling concerning the applicability of a statutory prov…

Rule 61:32:01:02 Response to petition for declaratory ruling. 61:32:01:02. Response to petition for declaratory ruling. Upon receipt of a petition for declaratory ruling the department may request further information from the petitioner in order to assist the department in making…

61:33:01:01. Definitions. For purposes of this chapter, the term, slash pile, means accumulated limbs, leaves, pine needles and miscellaneous fuel left by natural debris and forest management activities. Source: 50 SDR 47, effective October 16, 2023. General Authority: SDCL 34-35…

61:33:01:02. Application for permit. Persons wanting to obtain a permit for any type of open burning in the Black Hills Forest Fire Protection District shall utilize the electronic application available on the South Dakota Department of Public Safety, Division of Wildland Fire’s …

61:33:01:03. Permit types. The following permits for open burning in the Black Hills Forest Fire Protection District (BHFFPD) may be issued to individuals, corporate entities, governmental organizations, or non-governmental organizations: (1) A barrel permit authorizes the use of…

61:33:01:04. Permit conditions. The following conditions apply to all permits issued under this chapter: (1) No open burning may occur if county fire restrictions exist, or a county burn ban is in effect; (2) No open burning may occur if a wind advisory, high wind watch, high win…

61:33:01:05. Authorized burn barrels. Burn barrels must be: (1) Constructed of metal, with all draft holes screened with heavy-duty one-fourth or less woven wire screening. The top grate must be of the same screening material or a welded construction that will not allow either fl…

61:33:01:06. Burn barrel use requirements. The following conditions apply to burn barrel permits under this chapter: (1) A burn barrel, once permitted, may not be modified, or moved to a new location on the property and utilized under the same permit; (2) A burn barrel permit is …

61:33:01:07. Authorized commercial campground campfires. A campground or summer camp campfire permitted under this chapter must have: (1) A three-foot-wide-minimum ring around the outdoor fire pit, outdoor fireplace, or campfire ring that is scraped down to bare mineral soil or c…

61:33:01:08. Commercial campground use requirements. The following conditions apply to all commercial campfire permits under this chapter: (1) An outdoor fire pit, outdoor fireplace, or campfire ring may not be modified or moved to a new location on the property; (2) An outdoor f…

61:33:01:09. Private campfires authorized by permit. Private campfires able to be permitted under this chapter must have: (1) A three-foot-wide-minimum ring around the outdoor fire pit, outdoor fireplace, or campfire ring that is scraped down to bare mineral soil or that consists…

61:33:01:10. Private campfire use requirements. The following conditions apply to private campfire permits: (1) A campfire site and fireplace, under this permit, may not be modified or moved to a new location on the property; (2) A campfire may not be used under conditions of hig…

61:33:01:11. Slash pile burning requirements. The following requirements apply to all slash pile burning permitted under this chapter: (1) Prior to igniting the slash pile, the permit holder shall contact the local county dispatch center; (2) Slash piles that are no larger than s…

61:33:01:12. Permit revocation. The secretary may revoke a permit issued under this chapter if: (1) An imminent risk to public safety exists if burning continues under the original permit; or (2) Climatic conditions or widespread wildfire activity warrant the action. Source: 50 S…

62:01:01:01. Definition of terms. Repealed. Source: 2 SDR 17, effective September 9, 1975; 3 SDR 13, effective August 25, 1976; transferred from § 47:07:01:01, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 160, effe…

62:01:01:02. Termination of marriage. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:01:03. Care of children. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

Rule 62:01:01:04 Repealed. 62:01:01:04. Internal Revenue Code. Repealed. Source: 39 SDR 227, effective July 1, 2013; 40 SDR 197, effective May 27, 2014; repealed, SL 2015, ch 25, § 5, effective July 1, 2015.

62:01:02:01. Determination of Class A or Class B member. Repealed. Source: 2 SDR 17, effective September 9, 1975; 3 SDR 13, effective August 25, 1976; transferred from § 47:07:02:01, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1,…

Rule 62:01:02:02 Repealed. 62:01:02:02. Redeposit of contributions. Repealed. Source: 2 SDR 17, effective September 9, 1975; 3 SDR 13, effective August 25, 1976; transferred from § 47:07:02:02, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; repealed, 9 SDR 81, 9 SDR 1…