Title 32, MOTOR VEHICLES

Each employer shall require the applicant to provide the information specified in § 32-12A-4 . No employer may knowingly allow a driver to operate a commercial motor vehicle: (1) During any period in which the driver has had an operator's license suspended, revoked, or cancelled …

The state's attorney for the county in which a violation of subdivision 32-12A-5 (4) occurs shall commence a civil in rem proceeding of not more than twenty thousand five hundred and thirty-seven dollars against the employer. Source: SL 2002, ch 156 , § 6; SL 2023, ch 103 , § 1; …

Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a valid commercial learner's permit or commercial driver license issued by any state or province or territory of Canada or if the person has a valid licencia fed…

Any person is disqualified from driving a commercial motor vehicle for a period of one hundred eighty days if convicted of a first violation of an out-of-service order pursuant to § 32-12A-8.1 . If a violation of an out-of-service order pursuant to this section occurred while tra…

Any person is disqualified from driving a commercial motor vehicle for a period of two years if convicted of two violations of out-of-service orders pursuant to § 32-12A-8.1 in separate incidents during a ten-year period. If the violations of out-of-service orders pursuant to thi…

Any person is disqualified from driving a commercial motor vehicle for a period of three years if convicted of three or more violations of out-of-service orders pursuant to 32-12A-8.1 in separate incidents during a ten-year period. If the violations of out-of-service orders pursu…

No person whose commercial learner's permit, commercial license, or privilege to drive a motor vehicle on public highways has been revoked, suspended, or disqualified may have the license or privilege renewed or restored unless the period of revocation, suspension, or disqualific…

In addition to disqualification, a driver who is convicted of violating an out-of-service order pursuant to § 32-12A-8.1 is subject to a civil penalty of not less than three thousand nine hundred and sixty-one dollars for a first conviction and not less than seven thousand nine h…

The state's attorney for the county in which the violation of subdivision 32-12A-5 (3) occurs shall commence a civil in rem proceeding of not less than seven thousand one hundred and fifty-five dollars and not more than thirty-nine thousand six hundred and fifteen dollars against…

The state hereby adopts Title 49 of the Code of Federal Regulations, chapter 3, subpart B, parts 383 and 384, inclusive, as of January 1, 2015. Source: SL 1996, ch 201 , § 15; SDCL § 32-12-124; SL 2001, ch 171 , § 115; SL 2005, ch 167 , § 32, eff. Sept. 30, 2005; SL 2007, ch 182 …

Any person is disqualified from driving a commercial motor vehicle for a period of sixty days if convicted, while driving a commercial motor vehicle, of a first violation of § 32-29-4 , 32-29-5 , 32-29-7 , 32-29-8 , 32-29-9 , or 32-29-12 . Source: SL 2002, ch 156 , § 1; SL 2013, …

No person may drive a commercial motor vehicle on the highways of this state unless the person holds and has in immediate possession a commercial learner's permit or commercial driver license with applicable endorsements valid for the vehicle the person is driving. A violation of…

Any person is disqualified from driving a commercial motor vehicle for a period of one hundred twenty days if convicted during any three-year period, while driving a commercial motor vehicle, of a second conviction or any combination of convictions of § 32-29-4 , 32-29-5 , 32-29-…

Any person is disqualified from driving a commercial motor vehicle for a period of one year if convicted during any three-year period, while driving a commercial motor vehicle, of a third or subsequent conviction or any combination of convictions of § 32-29-4 , 32-29-5 , 32-29-7 …

Any disqualification imposed in accordance with the provisions of 49 C.F.R. part 383.52 as of January 1, 2015, relating to notification from the Federal Motor Carrier Safety Administration that the driver is disqualified from driving a commercial motor vehicle and is determined t…

The department shall furnish to any person, upon request, a certified abstract of the operating record for the previous three years of any individual subject to the provisions of chapter 32-35 . The abstract must list any motor vehicle accident in which the individual has been in…

The state may not mask, defer imposition of judgment, or permit any person to enter into a diversion program that would prevent a commercial learner's permit or commercial driver license holder's conviction for any violation, in any type of motor vehicle, of a state or local traf…

If a commercial learner's permit or commercial driver license holder's medical certification or medical variance expires, or if the Federal Motor Carrier Safety Administration notifies the department that a medical variance was removed or rescinded, the department shall do the fo…

Each state and third-party test examiner shall successfully complete a refresher course and examination every four years to maintain the examiner's commercial driver license test examiner certification. The refresher training course shall cover at least the following: (1) For a c…

In addition to the insurance requirements set forth by the department, each third-party tester shall initiate and maintain a bond in the amount of ten thousand dollars. The bond shall pay for retesting drivers in the event that the third-party tester or one or more of its examine…

If a person is convicted of a felony under chapter 22-49 or a federal felony offense involving a severe form of trafficking in persons, as defined by 22 U.S.C. § 7102(11), as of January 1, 2022, the department shall disqualify that person from driving a commercial motor vehicle f…

The department must, upon receiving notification pursuant to 49 C.F.R. § 383.73 (September 29, 2022), that a commercial learner’s permit holder or a commercial driver license holder is prohibited from operating a commercial motor vehicle, downgrade the commercial learner’s permit…

Each commercial motor vehicle driver shall meet the minimum standards and qualifications established under this chapter and in accordance with 49 C.F.R. subpart 383.23 as amended through January 1, 2015. Each commercial motor vehicle driver shall obtain a commercial learner's per…

No male United States citizen or immigrant who is at least eighteen years of age but less than twenty-six years of age and who is required to register with the United States Selective Service System may apply for or be issued a commercial learner's permit, commercial driver licen…

No downgrade may occur if before the department completes and records the downgrade on the commercial driver license information system driver record, the department receives notification that pursuant to 49 C.F.R. § 382.503(a) (October 7, 2021), the commercial learner’s permit h…

After the department completes and records the downgrade of the commercial driver license information system driver record, if the Federal Motor Carrier Safety Administration notifies the department that pursuant to 49 C.F.R. § 382.503(a) (October 7, 2021), a driver is no longer …

After the department completes and records the downgrade of the driver record on the commercial driver license information system, and if the Federal Motor Carrier Safety Administration notifies the department that the driver was erroneously identified as prohibited from operatin…

No person may drive a commercial motor vehicle on the highways of this state while that person's operator's license or privilege to drive a commercial motor vehicle is suspended, revoked, cancelled, or while subject to a disqualification. A violation of this section is a Class 1 …

No person may drive a commercial motor vehicle on the highways of this state while the person or the commercial motor vehicle is subject to any out-of-service order. A violation of this section is a Class 1 misdemeanor. The court shall order any person convicted for a violation o…

No person may drive a commercial motor vehicle on the highways of this state while the motor carrier operation employing the person is subject to any out-of-service order. A violation of this section is a Class 2 misdemeanor. Source: SL 2022, ch 95 , § 2.

The following are exempt from the provisions of this chapter: (1) Operators involved in farm to market transportation movements, at least sixteen years of age holding a valid operator's license, limited to those operators of a farm vehicle: (a) Controlled and operated by a farmer…