Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL 38-21-23
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Source: SL 1988, ch 374 ; SL 2009, ch 238 , § 1.
SDCL § 49-28A-1 Definition
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The term, "motor vehicle", as used in this chapter means any self - propelled or towed vehicle used on the highways in commerce to principally transport passengers or cargo: (1) If the vehicle has a gross vehicle weight of ten thousand and one or more pounds; (2) If the vehicle i…
SDCL § 49-28A-10 Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor
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No person may store any hazardous materials or class 1.1, 1.2, 1.3, 1.4, or 1.5 explosives, as outlined under 49 CFR 172, as amended through January 1, 2006, in any storage facility unless the storage facility has placards warning of the storage of hazardous or explosive material…
SDCL § 49-28A-2 Rules authorized
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The director of the Division of the Highway Patrol may promulgate rules in accordance with chapter 1-26 , for the enforcement of motor carrier safety regulations and for the safe transportation of hazardous materials by a motor vehicle. The rules may not apply to any radioactive …
Adoption of federal regulations--Penalty
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The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B, chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C, parts 171 to 180, inclusive, as amended through January 1, 2025, and Title 49 of the Code of Federal Regulations, subtitle …
SDCL § 49-28A-3.1 Qualified intrastate drivers under age twenty-one
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Notwithstanding the provisions of § 49-28A-3 , any person under the age of twenty-one but over the age of eighteen may become a qualified intrastate driver if the person is certified as a private applicator pursuant to §
SDCL § 49-28A-3.2 Application of federal hours - of - service regulations to gas or electric utility service vehicles
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Hours - of - service regulations promulgated by the United States Department of Transportation at 68 Federal Register 22456, in April 2003, (Federal hours - of - service amendments) shall apply to utility service vehicles owned or operated by gas or electric utilities while engag…
SDCL § 49-28A-3.3 Implementation of the 2004 federal hours - of - service amendment to preserve federal funding--Exemption
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If the United States Department of Transportation issues an official formal finding that one or more portions of § 49-28A-3 , §§ 49-28A-3.2 and 49-28A-3.3 , inclusive, may result in the loss of Federal Motor Carrier Safety Assistance Program funding, the Department of Public Safe…
SDCL § 49-28A-4 Repealed by SL 1986, ch 395 , § 2
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49-28A-5 Annual review of regulations. 49-28A-6 Inspection of vehicles and records. 49-28A-7 Accident involving spill or leakage--Notice--Coordination of actions. 49-28A-8 Acceptance and administration of grants and gifts. 49-28A-9
SDCL § 49-28A-5 Annual review of regulations
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The director of the Division of the Highway Patrol shall annually review the regulations for motor carrier safety and the transportation of hazardous materials as contained in the code of federal regulations to determine if the rules promulgated pursuant to § 49-28A-2 should be a…
SDCL § 49-28A-6 Inspection of vehicles and records
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The Department of Public Safety shall have the right of entry to inspect a motor carrier's vehicles and records for compliance with the rules adopted under §
SDCL § 49-28A-7 Accident involving spill or leakage--Notice--Coordination of actions
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In the event of an accident resulting in a spill or leakage of a hazardous material, the motor carrier or the first law enforcement officer to arrive at the scene of the accident shall immediately contact the Department of Public Safety. The Department of Public Safety shall coor…
SDCL § 49-28A-8 Acceptance and administration of grants and gifts
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The Department of Public Safety and the Department of Agriculture and Natural Resources may accept and administer grants and gifts for carrying out functions pursuant to this chapter, subject to the provisions of chapters 4-8 , 4-8 A and 4-8 B. Source: SL 1981, ch 241 , § 5; SDCL…
SDCL § 49-28A-9 Repealed by SL 1986, ch 395 , § 3
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49-28A-10 Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor.