Title 49 — PUBLIC UTILITIES AND CARRIERS

Terms used in this chapter mean: (1) " Department," the Department of Revenue; (2) "Corporation," a corporation, company, association, or joint stock association; (3) "For hire," for remuneration of any kind, paid or promised for the transportation of persons or property. An occa…

49-28-10.1

49-28-11

49-28-12 49-28-12 to 49-28-14. Repealed by SL 1995, ch 259 , §§ 8 to 10. 49-28-15

49-28-15.1 49-28-15.1 to 49-28-18. Repealed by SL 1995, ch 259 , §§ 11 to 14. 49-28-19

49-28-19.1 49-28-19.1 , 49-28-20. Repealed by SL 1995, ch 259 , §§ 15, 16. 49-28-21 49-28-21 , 49-28-22. Repealed by SL 1985, ch 374 , § 49. 49-28-23

49-28-24 49-28-24 to 49-28-27. Repealed by SL 1995, ch 259 , §§ 17 to 21. 49-28-28

49-28-29 49-28-29 to 49-28-30.1. Repealed by SL 1995, ch 259 , §§ 22 to 24. 49-28-31

Whether or not a motor vehicle, trailer, or semitrailer is operated by a motor carrier within the meaning of subdivisions 49-28-1(7) and (8) is a question of fact to be determined by the department. Source: SDC 1939, § 44.0401 (9); SL 1939, ch 173 ; SL 1949, ch 168 ; SL 1950 (SS)…

49-28-32

49-28-33 Rules governing motor carriers--Promulgation--Conformity with federal rules. 49-28-34

The department may pursuant to chapter 1-26 adopt rules to establish uniform procedures for the administration of the provisions of this chapter. Rules may be adopted by the department governing motor carriers in the following areas: (1) Filing information and reports; and (2) Re…

49-28-35

49-28-36 49-28-36 to 49-28-36 .2. Repealed by SL 2014, ch 219 , §§ 1 to 3. 49-28-36.3

49-28-36.4 49-28-36.4 to 49-28-36.6. Repealed by SL 2014, ch 219 , §§ 4 to 6. 49-28-36.7 Application for permit. 49-28-36.8

A motor carrier shall make an application for a single trip permit as required by the department, and the permit secured at a port of entry or by such other means designated by the department prior to beginning movement over the state's highways. The application shall include the…

49-28-37

49-28-38

49-28-39

49-28-40

49-28-40.1

49-28-40.2

49-28-41 Cooperation with FMCSA--Department as party in proceedings before FMCSA. 49-28-41.1 Appearance before FMCSA--Department substituted as party. 49-28-42 49-28-42 , 49-28-43. Repealed by SL 1995, ch 259 , §§ 30, 31. 49-28-44

The department shall cooperate with the FMCSA, in the administration of motor carrier laws. The department may appear before the FMCSA, the secretary, or the board as a party litigant in all proceedings involving the regulation and control of motor carriers in interstate commerce…

If the department determines upon its own motion or upon the petition of a resident of this state that it is in the best interests of the state, it may appear before the FMCSA, the secretary, or the board as a party in all proceedings involving the regulation and control of motor…

49-28-45 Disposition of fees received from carriers. 49-28-46

All fees or money received by the department under this chapter shall be reported monthly to and deposited with the state treasurer, and credited to the general fund of the state. Those fees and money so deposited shall be used to reimburse the state for the added expense which t…

49-28-47

49-28-48

49-28-49

49-28-50 Reports and statements by carriers. 49-28-51 Procedure before department. 49-28-52 Enforcement of department's orders. 49-28-53 Procedure for rehearing, review, or appeal. 49-28-54 49-28-54 , 49-28-55. Repealed by SL 2014, ch 219 , §§ 9, 10. 49-28-56 49-28-56 to 49-28-60…

Each motor carrier shall prepare and file with the department, at such time, and in the form to be prescribed by the department, reports and statements giving to the department such information as it requires in order to perform its duties under this chapter. Source: SDC 1939, § …

Except as otherwise provided in this chapter or the rules adopted pursuant to this chapter, chapter 1-26 shall govern in all proceedings and investigations before the department in cases arising in connection with the performance by the department of its duties or the exercise of…

Orders and final determinations of the department in all proceedings pursuant to this chapter shall be enforced in the manner provided by law for enforcement of orders of the department. The department may apply to the circuit court in any circuit in which any person or motor car…

All final orders, determinations, or decisions of the department in proceedings brought pursuant to this chapter are subject to rehearing in accordance with department rules and are subject to review or appeal in accordance with chapter 1-26 . Source: SDC 1939, § 44.0418; SL 1985…

49-28-62 Violation of chapter as misdemeanor. 49-28-63 Noncompliance with chapter or with department order as misdemeanor. 49-28-64 Discrimination, false statements or documents, and evasion of regulation as misdemeanors. 49-28-65

Any person who operates any motor vehicle for the transportation of persons or property for hire on any public highway in this state, except in accordance with the provisions of this chapter, is guilty of a Class 2 misdemeanor. A subsequent violation of this section within any si…

Any motor carrier which is subject to this chapter or, if any such motor carrier is a corporation, any director or officer thereof or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who violates or fails to comply with or who procures, …

Any carrier or any officer, employee, agent, or representative thereof who knowingly and willfully fraudulently seeks to evade or defeat regulation as in this chapter provided for motor carriers is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 44.9931 as enacted by SL 1949…

49-28-66 Stopping of vehicles to determine compliance--Failure to stop as misdemeanor. 49-28-67

The inspectors of the Department of Public Safety or any law enforcement officer may require the driver of a commercial vehicle to stop a vehicle at any time for inspection to determine if the provisions of this chapter are being complied with. Any driver who fails to stop and su…

49-28-68

49-28-69 Compliance with the Unified Carrier Registration Act. 49-28-70 Definitions relating to motor carrier transportation contracts. 49-28-71 Indemnity provisions in motor carrier transportation contracts. 49-28-72 Intermodal equipment agreements.

Notwithstanding any provisions of this chapter, the department may participate in and comply with the Unified Carrier Registration Act of 2005. Source: SL 2006, ch 234 , § 23.

Terms used in this section and § 49-28-71 mean: (1) "Affiliate," any employee or agent of a promisee, or any independent contractor who is directly responsible to a promisee other than a motor carrier that is a party to a motor carrier transportation contract with the promisee or…

Notwithstanding any other law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may require the motor carrier to indemnify, hold harmless, or defend the promisee or affiliate,…

Sections 49-28-70 and 49-28-71 do not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use, or possession of intermodal chassis, containers…

49-28-8.2

49-28-9

49-28-9.1