Title 32, MOTOR VEHICLES

A school bus operator shall certify on his application that he has not been convicted of the offense of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drugs within the three years immediately preceding the application or any offense involving…

If a person's commercial learner's permit or commercial driver license bearing a school bus endorsement is suspended or revoked pursuant to this chapter, the Department of Public Safety shall, upon the suspension or revocation, notify the Department of Education. The Department o…

Each school district and school bus contracting company shall report to the Department of Education, in a manner prescribed by the secretary, the names and social security numbers of all individuals it employs as bus drivers. The school district and school bus contracting company…

Before issuing a commercial learner's permit or commercial driver license, the department shall obtain driving record information through the commercial driver license information system and the national driver register no earlier than twenty-four hours prior to issuance. Before …

Within twenty-four hours after issuing a commercial learner's permit or commercial driver license, the department shall notify the commercial driver license information system of the issuance, providing all information required to ensure identification of the licensee. Source: SL…

No person who drives a commercial motor vehicle may have more than one operator's license. A violation of this section is a Class 2 misdemeanor. Source: SL 1989, ch 267 , § 2; SDCL § 32-12-79; SL 2001, ch 171 , §§ 73, 115; SL 2002, ch 156 , § 4.

A commercial driver license issued pursuant to this chapter, expires on the licensee's birthday in the fifth year following the issuance of the license. Any nondomiciled commercial driver license expires on the date of expiration of the licensee's authorized stay in the United St…

Each person applying for renewal of a commercial driver license shall complete the application form required by § 32-12A-14 , providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a haz…

The secretary of public safety may suspend, revoke, disqualify, or cancel the commercial learner's permit, commercial driver license, or driving privilege of a person after opportunity for hearing pursuant to chapter 1-26 , if hearing is demanded, upon a showing by its records or…

Any person who makes a false statement or representation, or knowingly fails to disclose a material fact in order to obtain a commercial learner's permit or commercial driver license is guilty of a Class 1 misdemeanor and is subject to at least a one year suspension or disqualifi…

The Department of Public Safety shall suspend, revoke, or disqualify the commercial learner's permit, commercial driver license, or driving privilege of a resident of this state upon receiving notice of the conviction or final administrative decision from another state for an inf…

Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year: (1) If convicted of a first violation of driving or being in actual physical control of a commercial or noncommercial motor vehicle while under the influence of alcohol, or …

Any person is disqualified for life for the commission of two or more violations of any of the subdivisions specified in § 32-12A-36 , or any combination of those subdivisions, arising from two or more separate incidents. The department may adopt rules, pursuant to chapter 1-26 ,…

Any person is disqualified from driving a commercial motor vehicle for life who uses a commercial or noncommercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufact…

Any driver disqualified for life as specified in § 32-12A-37 , who has both voluntarily enrolled in and successfully completed, an appropriate rehabilitation program that meets the standards of the department, may apply to the department for reinstatement of that person's commerc…

Any driver holding a commercial learner's permit or commercial driver license issued by the state, who is convicted of violating any state law or local ordinance of any other state, or federal, provincial, territorial, or municipal law of Canada, relating to motor vehicle traffic…

Any person is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if convicted within a three-year period of two serious traffic violations committed while operating a commercial motor vehicle. Any person is disqualified from driving a co…

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…

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…

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, …

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…

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…

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…

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…

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…

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.

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…