Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-12A-41 Disqualification for conviction within three-year period of three serious traffic violations
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Any person is disqualified from driving a commercial motor vehicle for not less than one hundred twenty days if convicted within a three-year period of three serious traffic violations committed while operating a commercial motor vehicle. Any person is disqualified from driving a…
SDCL § 32-12A-42 Updating of records to reflect action regarding disqualification of nonresident--Notification of issuing licensing authority
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The department shall, upon receipt of a conviction, update its records to reflect any action that results in the disqualification of a nonresident's commercial driving privileges. No later than ten days after disqualifying a commercial learner's permit or commercial driver licens…
SDCL § 32-12A-43 Operation of commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited
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Notwithstanding any other provision of this chapter, no person may drive, operate, or be in actual physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in that person's system. A person who drives, operates, …
SDCL § 32-12A-44 Driving commercial vehicle prohibited at certain levels of blood alcohol--Violation as misdemeanor
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No person may drive or be in actual physical control of a commercial motor vehicle while there is between 0.04 and 0.08 percent or more, by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other body substance. Any violatio…
SDCL § 32-12A-45 Persons authorized to withdraw blood to determine alcohol content--Liability
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Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to certification, license, or training may withdraw blood for the purpose of det…
SDCL § 32-12A-46 Consent to test for alcohol or drugs--Consequences of refusal or submission to test
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Any person who holds or is required to hold a commercial learner's permit or commercial driver license and operates any commercial or noncommercial motor vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance to determine th…
SDCL § 32-12A-47 Notification of licensing authority in licensing state of conviction of nonresident
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If any nonresident is convicted in this state of any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in any type of vehicle, the department shall notify the driver licensing authority in the licensing s…
SDCL § 32-12A-48 Promulgation of rules
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The secretary of the Department of Public Safety may promulgate rules, pursuant to chapter 1-26 , in the following areas: (1) Definitions; (2) Commercial driver license waivers; (3) Single license requirement; (4) Notification requirements and employer responsibilities; (5) Feder…
SDCL § 32-12A-49 Agreements, arrangements, or declarations permitted
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The department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter. Source: SL 1989, ch 267 , § 28; SDCL § 32-12-114; SL 2001, ch 171 , §§ 102, 115; SL 2005, ch 167 , § 27.
SDCL § 32-12A-5 Information required by employer--Operation of commercial motor vehicle prohibited under certain conditions
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Each employer shall require the applicant to provide the information specified in §
SDCL § 32-12A-5.1 Railroad-highway grade crossing violation--Employer--Penalty
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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; …
Operation with valid out-of-state commercial learner's permit or driver license--Full faith and credit of out-of-state conviction
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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…
Repealed by SL 2005, ch 167 , § 29, eff
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September 30, 2005. 32-12A-52 Disqualification for conviction of violation of out-of-service order--First violation. 32-12A-53 Disqualification for conviction of violation of out-of-service order--Second violation. 32-12A-54 Disqualification for conviction of violation of out-of-…
SDCL § 32-12A-52 Disqualification for conviction of violation of out-of-service order--First violation
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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 §
SDCL § 32-12A-53 Disqualification for conviction of violation of out-of-service order--Second violation
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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…
Disqualification for conviction of violation of out-of-service order--Three or more violations
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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…
SDCL § 32-12A-55 Restoration of revoked, suspended, or disqualified commercial learner's permit, commercial license, or driving privilege
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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…
SDCL § 32-12A-56 Out-of-service order violation--Driver--Penalty
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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…
SDCL § 32-12A-57 Out-of-service order violation--Employer--Penalty
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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…
Adoption of Title 49 C.F.R., chapter 3, subpart B, parts 383 and 384
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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 …
SDCL § 32-12A-59 Disqualification for conviction of first grade crossing violation
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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
SDCL § 32-12A-6 Possession of commercial driver license or learner's permit required for vehicle operation--Violation as misdemeanor
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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…
SDCL § 32-12A-60 Disqualification for second grade crossing conviction
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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-…
SDCL § 32-12A-61 Disqualification for third or subsequent grade crossing conviction
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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 …
SDCL § 32-12A-62 Federal Motor Carrier Safety Administration driver disqualification and imminent hazard determination to be part of driver record
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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…
SDCL § 32-12A-63 Certified abstract of operating record--Driver record--Contents--Fees--Disposition--Exemption--Commercial learner's permittee or driver licensee
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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…
SDCL § 32-12A-64 Convictions for traffic violations to appear on driver's record
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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…
SDCL § 32-12A-65 Expiration of medical certification--Expiration, removal, or rescission of medical variance
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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…
SDCL § 32-12A-66 Refresher course and examination for commercial driver license test examiner certification
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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…
SDCL § 32-12A-67 Bond requirement for third-party testers--Exceptions
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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…
SDCL § 32-12A-68 Disqualification of commercial driving privileges for human trafficking conviction
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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…
SDCL § 32-12A-69 Downgrade of license upon violation
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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…
Qualifications of commercial motor vehicle drivers
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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…
SDCL § 32-12A-7.1 Registration with Selective Service a condition for obtaining learner's permit or driver license
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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…
SDCL § 32-12A-70 Downgrade of license--Termination of downgrade--Notification
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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…
SDCL § 32-12A-71 Downgrade of license--Termination of downgrade--Reinstatement of permit or privilege--Notification
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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 …
SDCL § 32-12A-72 Downgrade of license--Erroneous downgrade--Reinstatement of permit or privilege--Notification
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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…
SDCL § 32-12A-8 Operation of commercial vehicle while driver license suspended, revoked, etc., prohibited--Violation as misdemeanor
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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 …
SDCL § 32-12A-8.1 Driving while subject to out-of-service order prohibited--Violation as misdemeanor
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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…
SDCL § 32-12A-8.2 Out-of-service order for motor carrier operation--Violation--Misdemeanor
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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.
SDCL § 32-12A-9 Operators exempt from provisions of chapter
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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…