reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-32 - Grounds for suspension, revocation, or cancelation of commercial learner's permit or driver license--Hearing.

32-12A-32. Grounds for suspension, revocation, or cancelation of commercial learner's permit or driver license--Hearing.
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 other sufficient evidence that the licensee:
(1)Has been convicted of an offense for which mandatory suspension, revocation, or disqualification of license is required;
(2)Appears by the records of the department to be an habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, municipal ordinances that are in strict conformity with state law and adopted by a local authority other than regulations governing parking, traffic laws of another state, or any of the county speed limits set pursuant to law. The secretary of public safety shall implement the method of weighing traffic convictions provided in §32-12-49.1;
(3)Is physically or mentally incompetent to drive a motor vehicle;
(4)Has violated §32-12-17.3, 32-12-17.4, 32-12-17.5, 32-12-17.6, 32-12-67, 32-12-69, 32-12-70, or 32-12-71;
(5)Has committed an offense in another state, which if committed in this state, would be grounds for suspension, revocation, or disqualification;
(6)Has failed to pay a fine or comply with the terms of a citation issued in the state;
(7)Has failed to pay a fine or comply with the terms of a citation issued by a state covered by the nonresident violators compact; or
(8)Has made a false statement or representation or fails to disclose a material fact in order to obtain a driver license.
In determining whether a commercial learner's permit, commercial driver license, or driving privilege should be suspended or revoked under this section, the director may not consider any offense that is more than four years old.
Source:
SL 2001, ch 171, §111; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2015, ch 168, §27.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-33 - Suspension or disqualification for false statement or representation--Misdemeanor.

32-12A-33. Suspension or disqualification for false statement or representation--Misdemeanor.
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 disqualification of that person's license and privileges. Each false statement or representation or failure to disclose a material fact constitutes a separate offense.
Source:
SL 2001, ch 171, §113; SL 2015, ch 168, §28.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-34 - Reciprocal suspension, revocation, and disqualification.

32-12A-34. Reciprocal suspension, revocation, and disqualification.
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 infraction which would provide grounds for suspension, revocation, or disqualification of the license or driving privilege in this state. The commercial learner's permit or commercial license of a driver of a commercial motor vehicle convicted of violating a federal, state, or local law or rule prohibiting texting or the use of a hand-held mobile telephone may be disqualified as set forth in subsections 32-12A-1(31)(n) and (o), and §§32-12A-40 and 32-12A-41.
Source:
SL 2001, ch 171, §114; SL 2003, ch 272, §23; SL 2013, ch 144, §2; SL 2014, ch 149, §2; SL 2015, ch 168, §29.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-36 - Persons disqualified from driving commercial motor vehicle for period of not less than one year or not less than three years.

32-12A-36. Persons disqualified from driving commercial motor vehicle for period of not less than one year or not less than three years.
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 controlled drug or substance, in violation of §32-23-1;
(2)If convicted of a first violation of driving or being in actual physical control of a commercial motor vehicle while there is 0.04 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 bodily substance, in violation of §32-12A-44;
(3)If convicted of a first violation of leaving the scene of an accident while operating a commercial or noncommercial motor vehicle, in violation of §32-34-5 or 32-34-6;
(4)If convicted of a first violation of using a commercial or noncommercial motor vehicle in the commission of any felony other than a felony described in §32-12A-38; or
(5)For refusing to submit to a chemical analysis for purposes of determining the amount of alcohol or drugs in that person's blood or other bodily substance while driving a commercial or noncommercial motor vehicle in violation of §32-12A-43 or 32-12A-46;
(6)If convicted of a first violation of operating a commercial motor vehicle while the person's commercial driver license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle in violation of §32-12A-8. The department may not issue a new license until one year from the date the person would otherwise have been entitled to apply for a new license; or
(7)If convicted of a first violation of causing a fatality through the negligent operation of a commercial motor vehicle.
If any of these violations or refusal occurred while transporting hazardous material required to be placarded, the person is disqualified for a period of not less than three years.
Source:
SL 1989, ch 267, §23; SL 1991, ch 252, §11; SL 1992, ch 220, §6; SL 1995, ch 181; SDCL §32-12-104; SL 2001, ch 171, §§95, 115; SL 2004, ch 213, §4; SL 2005, ch 167, §19; SL 2016, ch 166, §2; SL 2019, ch 133, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-37 - Disqualification for life for multiple violations of 32-12A-36--Reduction.

32-12A-37. Disqualification for life for multiple violations of 32-12A-36--Reduction.
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, under which a disqualification for life under this section may be reduced to a period of not less than ten years.
Source:
SL 1989, ch 267, §23A; SL 1992, ch 220, §7; SDCL §32-12-105; SL 2001, ch 171, §115.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-38 - Disqualification for life using commercial or noncommercial motor vehicle in commission of felony involving controlled substance.

32-12A-38. Disqualification for life using commercial or noncommercial motor vehicle in commission of felony involving controlled substance.
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 manufacture, distribute, or dispense a controlled substance.
Source:
SL 1989, ch 267, §23B; SDCL §32-12-106; SL 2001, ch 171, §115; SL 2005, ch 167, §20.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-39 - Reinstatement of driver disqualified for life after completion of rehabilitation program.

32-12A-39. Reinstatement of driver disqualified for life after completion of rehabilitation program.
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 commercial driver license. Any such applicant is not eligible for reinstatement from the department unless the applicant has first served a minimum disqualification period of ten years and has fully met the department's standards for reinstatement of commercial motor vehicle driving privileges.
If a reinstated driver subsequently is convicted of another disqualifying offense, as specified in §32-12A-36, 32-12A-37, or 32-12A-38, the driver is permanently disqualified for life, and is ineligible to again apply for a reduction of the lifetime disqualification.
Source:
SL 1991, ch 252, §13; SDCL §32-12-106.1; SL 2001, ch 171, §§96, 115; SL 2004, ch 213, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-40 - Disqualification for conviction within three-year period of two serious traffic violations.

32-12A-40. Disqualification for conviction within three-year period of two serious traffic violations.
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 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 noncommercial motor vehicle and either conviction results in the revocation, cancellation, or suspension of the holder's commercial learner's permit, commercial driver license, or noncommercial driving privilege.
Source:
SL 1989, ch 267, §23C; SDCL §32-12-107; SL 2001, ch 171, §115; SL 2005, ch 167, §21, eff. Sept. 30, 2005; SL 2015, ch 168, §30.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-41 - Disqualification for conviction within three-year period of three serious traffic violations.

32-12A-41. Disqualification for conviction within three-year period of three serious traffic violations.
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 commercial motor vehicle for a period of not less than one hundred twenty days if convicted within a three-year period of three serious traffic violations committed while operating a noncommercial motor vehicle and any of these convictions result in the revocation, cancellation, or suspension of the holder's commercial learner's permit, commercial driver license, or noncommercial driving privileges. Any disqualification period imposed under this section shall be in addition to any other previous period of disqualification.
Source:
SL 1989, ch 267, §23D; SDCL §32-12-108; SL 2001, ch 171, §115; SL 2005, ch 167, §22, eff. Sept. 30, 2005; SL 2007, ch 182, §9; SL 2015, ch 168, §31.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-42 - Updating of records to reflect action regarding disqualification of nonresident--Notification of issuing licensing authority.

32-12A-42. Updating of records to reflect action regarding disqualification of nonresident--Notification of issuing licensing authority.
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 license holder permitted or licensed by another state or revoking, suspending, or canceling an out-of-state commercial learner's permit or commercial driver license holder's privilege to operate a commercial motor vehicle for at least sixty days, the department shall notify the state that issued the license of the disqualification, revocation, suspension, or cancellation. The notification shall include both the disqualification and the violation that resulted in the disqualification, revocation, suspension, or cancellation.
Source:
SL 1989, ch 267, §23E; SL 1990, ch 253, §2; SL 1991, ch 252, §14; SL 1996, ch 201, §5; SDCL §32-12-109; SL 2001, ch 171, §§97, 115; SL 2005, ch 167, §23, eff. Sept. 30, 2005; SL 2015, ch 168, §32.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-43 - Operation of commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited.

32-12A-43. Operation of commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited.
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, or is 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 or who refuses to submit to an alcohol test under §32-12A-46, shall be placed out of service for twenty-four hours.
Source:
SL 1989, ch 267, §24; SDCL §32-12-110; SL 2001, ch 171, §§98, 115; SL 2005, ch 167, §24.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-44 - Driving commercial vehicle prohibited at certain levels of blood alcohol--Violation as misdemeanor.

32-12A-44. Driving commercial vehicle prohibited at certain levels of blood alcohol--Violation as misdemeanor.
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 violation of this section is a Class 2 misdemeanor.
Source:
SL 1991, ch 252, §12; SDCL §32-12-110.1; SL 2001, ch 171, §§99, 115; SL 2002, ch 160, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-45 - Persons authorized to withdraw blood to determine alcohol content--Liability.

32-12A-45. Persons authorized to withdraw blood to determine alcohol content--Liability.
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 determining the alcoholic content therein for the purposes of this chapter. This limitation does not apply to the taking of a breath or other bodily substance specimen. No such authorized person, acting on the presumption of consent, and no hospital employing such person, may be held liable to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care.
Source:
SL 1991, ch 252, §15; SDCL §32-12-110.2; SL 2001, ch 171, §115; SL 2010, ch 163, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-46 - Consent to test for alcohol or drugs--Consequences of refusal or submission to test.

32-12A-46. Consent to test for alcohol or drugs--Consequences of refusal or submission to test.
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 the amount of alcohol in that person's blood, or to determine the presence of any controlled drug or substance. The chemical analysis shall be administered at the direction of a law enforcement officer who, after stopping or detaining any person who holds or is required to hold a commercial learner's permit or commercial driver license, has probable cause to believe that the person was driving or in actual physical control of a commercial or noncommercial motor vehicle while having any alcohol or drugs in that person's system. Any person requested by a law enforcement officer under this section to submit to a chemical analysis shall be advised by the officer that:
(1)If the person refuses to submit to the chemical analysis, none may be given, unless a warrant for the chemical analysis is issued; and
(2)If the person refuses to submit to the chemical analysis requested, the person shall be:
(a)Immediately placed out of service for a period of twenty-four hours, if operating a commercial motor vehicle at the time of the refusal; and
(b)Disqualified from operating a commercial motor vehicle for a period of not less than one year; or
(3)If the person submits to a chemical analysis which discloses that the person was operating the commercial motor vehicle while there was 0.04 percent or more by weight of alcohol in that person's blood the person shall be disqualified from operating a commercial motor vehicle for not less than one year.
Source:
SL 1989, ch 267, §25; SDCL §32-12-111; SL 2001, ch 171, §§100, 115; SL 2016, ch 166, §1; SL 2017, ch 137, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-47 - Notification of licensing authority in licensing state of conviction of nonresident.

32-12A-47. Notification of licensing authority in licensing state of conviction of nonresident.
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 state of the conviction within ten days of the conviction.
Source:
SL 1989, ch 267, §26; SL 1996, ch 201, §6; SDCL §32-12-112; SL 2001, ch 171, §§101, 115; SL 2004, ch 213, §6; SL 2005, ch 167, §25; SL 2010, ch 161, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-48 - Promulgation of rules.

32-12A-48. Promulgation of rules.
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)Federal disqualifications and penalties;
(6)Testing and licensing procedures;
(7)Vehicle groups and endorsements;
(8)Required knowledge and skills;
(9)Tests;
(10)Background check requirements;
(11)Commercial learner's permit and commercial driver license documents; and
(12)Other rules necessary to implement the provisions of C.F.R. 49, Chapter 3, Subchapter B, parts 383, 384, 390, 391, and 392, inclusive, as of January 1, 2015.
Source:
SL 1989, ch 267, §27; SL 1991, ch 252, §16; SL 1994, ch 254, §3; SL 1996, ch 201, §14; SDCL §32-12-113; SL 2001, ch 171, §115; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2004, ch 213, §7; SL 2005, ch 167, §26, eff. Sept. 30, 2005; SL 2007, ch 182, §10; SL 2010, ch 161, §10; SL 2011, ch 144, §10; SL 2015, ch 168, §33.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-49 - Agreements, arrangements, or declarations permitted.

32-12A-49. Agreements, arrangements, or declarations permitted.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-50 - Operation with valid out-of-state commercial learner's permit or driver license--Full faith and credit of out-of-state conviction.

32-12A-50. Operation with valid out-of-state commercial learner's permit or driver license--Full faith and credit of out-of-state conviction.
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 federal de conductor (federal license of driver) issued by Mexico in accordance with the minimum federal standards for the issuance of commercial motor vehicle driving licenses, if the person is not suspended, revoked, or cancelled, and if the person is not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order. The department shall give any out-of-state conviction full faith and credit and treat it, for sanctioning purposes under this chapter, as if it had occurred in this state.
Source:
SL 1989, ch 267, §29; SDCL §32-12-115; SL 2001, ch 171, §§103, 115; SL 2005, ch 167, §28, eff. Sept. 30, 2005; SL 2007, ch 182, §11; SL 2015, ch 168, §35.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-52 - Disqualification for conviction of violation of out-of-service order--First violation.

32-12A-52. Disqualification for conviction of violation of out-of-service order--First violation.
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 transporting hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, the operator is disqualified for a period of one hundred eighty days.
Source: SL 1996, ch 201, §9; SDCL §32-12-119; SL 2001, ch 171, §115; SL 2007, ch 182, §12; SL 2010, ch 161, §11; SL 2011, ch 144, §11; SL 2015, ch 168, §36; SL 2022, ch 95, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-53 - Disqualification for conviction of violation of out-of-service order--Second violation.

32-12A-53. Disqualification for conviction of violation of out-of-service order--Second violation.
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 this section occurred while transporting hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, the operator is disqualified for a period of three years.
Source: SL 1996, ch 201, §10; SDCL §32-12-120; SL 2001, ch 171, §115; SL 2007, ch 182, §13; SL 2010, ch 161, §12; SL 2011, ch 144, §12; SL 2015, ch 168, §37; SL 2022, ch 95, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-54 - Disqualification for conviction of violation of out-of-service order--Three or more violations.

32-12A-54. Disqualification for conviction of violation of out-of-service order--Three or more violations.
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 pursuant to this section occurred while transporting hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, the operator is disqualified for a period of five years.
Source: SL 1996, ch 201, §11; SDCL §32-12-121; SL 2001, ch 171, §115; SL 2007, ch 182, §14; SL 2010, ch 161, §13; SL 2011, ch 144, §13; SL 2015, ch 168, §38; SL 2022, ch 95, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-55 - Restoration of revoked, suspended, or disqualified commercial learner's permit, commercial license, or driving privilege.

32-12A-55. Restoration of revoked, suspended, or disqualified commercial learner's permit, commercial license, or driving privilege.
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 disqualification has expired. The period of revocation, suspension, or disqualification shall begin on the date ordered by the court, on the date specified in the notice from the department, or on the date the suspension order is effective for failure to comply with a citation, whichever date is earlier. At the expiration of the period of revocation, suspension, or disqualification, a person may make application for license reinstatement as provided by law and shall pay a reinstatement fee, plus any application fees imposed by §32-12A-15. A person making application following a revocation shall fulfill all knowledge examination requirements of a new applicant. A person making application for a commercial learner's permit or commercial driver license following a disqualification shall fulfill all examination requirements of a new applicant.
Source:
SL 2001, ch 171, §110; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2015, ch 168, §39; SL 2017, ch 135, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-56 - Violation of out-of-service order--Civil penalty against driver.

32-12A-56. Violation of out-of-service order--Civil penalty against driver.
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 seven hundred forty dollars for a first conviction and not less than seven thousand four hundred eighty-one dollars for a second or subsequent conviction.
Source: SL 1996, ch 201, §12; SDCL §32-12-122; SL 2001, ch 171, §115; SL 2005, ch 167, §30; SL 2010, ch 161, §14; SL 2022, ch 95, §6; SL 2023, ch 103, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-57 - Violation of out-of-service order--Civil penalty against employer.

32-12A-57. Violation of out-of-service order--Civil penalty against employer.
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 six thousand seven hundred fifty-five dollars nor more than thirty-seven thousand four hundred dollars against the employer.
Source: SL 1996, ch 201, §13; SDCL §32-12-123; SL 2001, ch 171, §115; SL 2005, ch 167, §31; SL 2010, ch 161, §15; SL 2023, ch 103, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-58 - Adoption of Title 49 C.F.R., chapter 3, subpart B, parts 383 and 384.

32-12A-58.Adoption of Title 49 C.F. R., chapter 3, subpart B, parts 383 and 384.
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, §15; SL 2010, ch 161, §16; SL 2011, ch 144, §14; SL 2015, ch 168, §40.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-59 - Disqualification for conviction of first grade crossing violation.

32-12A-59. Disqualification for conviction of first grade crossing violation.
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, ch 149, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-60 - Disqualification for second grade crossing conviction.

32-12A-60. Disqualification for second grade crossing conviction.
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, 32-29-7, 32-29-8, 32-29-9, or 32-29-12 in separate incidents.
Source:
SL 2002, ch 156, §2; SL 2007, ch 182, §16; SL 2013, ch 149, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-61 - Disqualification for third or subsequent grade crossing conviction.

32-12A-61. Disqualification for third or subsequent grade crossing conviction.
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, 32-29-8, 32-29-9, or 32-29-12 in separate incidents.
Source:
SL 2002, ch 156, §3; SL 2007, ch 182, §17; SL 2013, ch 149, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-62 - Federal Motor Carrier Safety Administration driver disqualification and imminent hazard determination to be part of driver record.

32-12A-62.Federal Motor Carrier Safety Administration driver disqualification and imminent hazard determination to be part of driver record.
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 to constitute an imminent hazard becomes a part of the driver's record maintained by the department.
Source:
SL 2005, ch 167, §3, eff. Sept. 30, 2005; SL 2007, ch 182, §18; SL 2010, ch 161, §17; SL 2011, ch 144, §15; SL 2015, ch 168, §41.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-63 - Certified abstract of operating record--Information on driver record of person issued commercial learner's permit or driver license.

32-12A-63. Certified abstract of operating record--Information on driver record of person issued commercial learner's permit or driver license.
The department shall furnish to any person upon request a certified abstract of the operating record for the last three years of any person subject to the provisions of chapter 32-35. The abstract shall include enumeration of any motor vehicle accident in which the person has been involved, the person's medical certification status, and reference to any conviction of the person for a violation of any motor vehicle law as reported to the department. The department shall collect five dollars for each abstract. The fee shall be credited to the state motor vehicle fund. No governmental entity or subdivision is subject to this fee.
The department shall furnish, upon request and a payment of a fee of five dollars, full information regarding the driver record for the last three years of a person who has been issued a commercial learner's permit or commercial driver license to an employer or to a prospective employer if the person has given written consent to the employer or prospective employer to obtain this information. The department shall furnish this same information to the driver upon the payment of a fee of five dollars. The information shall include the person's medical certification status, any disqualification, and any other licensing action for a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation committed in any type of vehicle. The fee shall be credited to the state motor vehicle fund. No governmental entity or subdivision is subject to this fee.
Source:
SL 2005, ch 167, §4, eff. Sept. 30, 2005; SL 2009, ch 152, §7; SL 2011, ch 144, §16; SL 2015, ch 168, §42.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-64 - Convictions for traffic violations to appear on driver's record.

32-12A-64. Convictions for traffic violations to appear on driver's record.
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 traffic control law except a parking violation from appearing on the driver's record, whether the driver was convicted for an offense committed in the state, in the state where the driver is licensed, or in another state.
Source:
SL 2005, ch 167, §5, eff. Sept. 30, 2005; SL 2015, ch 168, §43.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-65 - Expiration of medical certification--Expiration, removal, or rescission of medical variance.

32-12A-65. Expiration of medical certification--Expiration, removal, or rescission of medical variance.
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 following:
(1)Notify the commercial learner's permit or commercial driver license holder that his or her medical certification or variance is not valid and that the commercial learner's permit or commercial driver license privilege will be removed from the driver license unless the driver submits a current medical certificate or medical variance or changes his or her self-certification to driving only in excepted or intrastate commerce; and
(2)Downgrade the driver's commercial driver license to a noncommercial driver license, or cancel a commercial learner's permit, within sixty days of the driver's medical certification status becoming noncertified to operate a commercial motor vehicle.
Source:
SL 2011, ch 144, §17; SL 2015, ch 168, §44.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-66 - Refresher course and examination for commercial driver license test examiner certification.

32-12A-66. Refresher course and examination for commercial driver license test examiner certification.
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 commercial driver license knowledge test examiner:
(a)Introduction to CDL licensing system;
(b)Overview of the CDL tests; and
(c)Knowledge tests;
(2)For a commercial driver license skills test examiner:
(a)Introduction to CDL licensing system;
(b)Overview of the CDL tests;
(c)Vehicle inspection test;
(d)Basic control skills testing; and
(e)Road test; and
(3)The refresher training for each examiner shall include any state-specific material and information related to administering CDL knowledge and skills tests, and any new federal CDL regulation, any update to administering the tests, and new safety related equipment on a vehicle.
The skills testing certification of any examiner who does not conduct skills test examinations of at least ten different applicants per calendar year shall be revoked, unless the examiner either takes the refresher training or has a state examiner ride along to observe the third-party examiner successfully administer at least one skills test.
Source:
SL 2015, ch 168, §54.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-67 - Bond requirement for third-party testers--Exceptions.

32-12A-67. Bond requirement for third-party testers--Exceptions.
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 examiners is involved in fraudulent activity related to conducting skills testing of applicants for a commercial driver license. A third-party tester that is a governmental entity is not required to maintain a bond.
Source:
SL 2015, ch 168, §55.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12A - Commercial Drivers Licenses And Permits › Section 32-12A-68 - Disqualification of commercial driving privileges for human trafficking conviction.

32-12A-68. Disqualification of commercial driving privileges for human trafficking conviction.
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 for life and the person is not eligible for reinstatement.
Source: SL 2022, ch 96, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 13 - Highway Safety Program › Section 32-13-1 - Governor to administer program in accordance with Federal Highway Safety Act.

32-13-1. Governor to administer program in accordance with Federal Highway Safety Act.
The Governor shall administer the highway safety program within this state and authorize, direct, and coordinate existing and future activities of agencies of this state and its political subdivisions in the program. The Governor shall do all things necessary to the administration of the program under the Federal Highway Safety Act of 1966, Public Law 89-564, as amended and in effect on July 1, 1984.
Source: SL 1967, ch 120, §1; SL 1984, ch 12, §20; SL 2023, ch 3, §36.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 13 - Highway Safety Program › Section 32-13-2 - Participation by subordinate political subdivisions.

32-13-2. Participation by subordinate political subdivisions.
Subject to the provisions of §32-13-1, the political subdivisions of this state are hereby authorized and empowered to participate in said state and federal highway safety programs and do all acts necessary to carry out the purposes thereof.
Source:
SL 1967, ch 120, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-2 - Applicability to drivers of publicly owned vehicles--Exceptions.

32-14-2. Applicability to drivers of publicly owned vehicles--Exceptions.
The provisions of chapters 32-14 to 32-19, inclusive, and of chapters 32-22 to 32-34, inclusive, applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by this state or any county, municipality, district, or any other political subdivision of the state subject to such specific exceptions as are set forth in said chapters.
Source:
SDC 1939, §44.0333; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-3 - Power of local authorities--Speed limitations--Vehicle traffic and safety provisions--Exceptions.

32-14-3. Power of local authorities--Speed limitations--Vehicle traffic and safety provisions--Exceptions.
Local authorities, except as expressly authorized by chapter 32-25 and §32-29-2, may not alter any speed limitations declared in chapter 32-25 or enact or enforce any ordinance, charter provision, or bylaw duplicating the provisions of chapter 32-23 or enact or enforce any rule or regulation contrary to the provisions of chapters 32-14 to 32-19, inclusive, or 32-22 and 32-24 to 32-34, inclusive, except as provided by §§32-14-4 and 32-14-5.
Source:
SDC 1939, §44.0334; SL 1974, ch 76, §3; SL 1999, ch 151, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-4 - Regulation of speed in public parks.

32-14-4. Regulation of speed in public parks.
Local authorities may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations.
Source:
SDC 1939, §44.0334.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-5 - Traffic control devices--One-way traffic--Processions and assemblages.

32-14-5. Traffic control devices--One-way traffic--Processions and assemblages.
Local authorities may provide by ordinance for the regulation of traffic on highways under their jurisdiction by means of traffic officers or traffic control devices on any portion of the highway where traffic is heavy or continuous or local authorities may prohibit other than one-way traffic upon certain highways and may regulate the use of the highway by processions or assemblages.
Source:
SDC 1939, §44.0334; SL 1980, ch 211, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-6 - Restrictions respecting weight of vehicle--Duration of period of restriction--Signs designating restricted area.

32-14-6. Restrictions respecting weight of vehicle--Duration of period of restriction--Signs designating restricted area.
Local authorities, including road districts, may by ordinance or resolution prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles allowed. Such prohibitions or restrictions apply only to vehicles to be operated upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible and only if the highway by reason of physical condition, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles on the highway is prohibited or the permissible weights of the vehicles are reduced. Any local authority enacting any such ordinance or resolution shall erect and maintain or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected by the ordinance or resolution. The ordinance or resolution is not valid unless such signs are erected and maintained.
Source: SDC 1939, §44.0343; SL 1999, ch 151, §6; SL 2002, ch 158, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-7 - Prohibiting trucks or commercial vehicles from use of designated highways--Erection of signs.

32-14-7. Prohibiting trucks or commercial vehicles from use of designated highways--Erection of signs.
Local authorities, including road districts, may by ordinance or resolution prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weights of such vehicles on designated highways. The prohibitions and limitations shall be designated by appropriate signs placed on such highways.
Source:
SDC 1939, §44.0343; SL 1999, ch 151, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-8 - Road construction vehicles excepted--Traveling to and from road work.

32-14-8. Road construction vehicles excepted--Traveling to and from road work.
The provisions of chapters 32-14 to 32-19, inclusive, 32-22 and of 32-26 to 32-32, inclusive, do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when traveling to or from such work.
Source:
SDC 1939, §44.0333; SL 1989, ch 256, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-9 - Conditions imposed by owner upon permissive use of private property.

32-14-9. Conditions imposed by owner upon permissive use of private property.
Nothing in chapters 32-14 to 32-19, inclusive, or in chapters 32-22 to 32-34, inclusive, shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use nor from requiring other or different or additional conditions than those specified in said chapters or otherwise regulating such use as may seem best to such owner.
Source:
SDC 1939, §44.0335.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 14 - Traffic Regulation Generally › Section 32-14-9.1 - Operation of vehicles on private land prohibited without consent of owner or lessee--Snowmobile use on public right-of-way excepted--Misdemeanor.

32-14-9.1. Operation of vehicles on private land prohibited without consent of owner or lessee--Snowmobile use on public right-of-way excepted--Misdemeanor.
No person shall operate any vehicle, including, but not limited to, snowmobiles, motorcycles, and all-terrain vehicles, upon any private land without permission from the owner or lessee of such land. The provisions of this section shall not apply to a vehicle used on a highway or other public right-of-way in accordance with the provisions of chapter 32-20A. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1973, ch 217, §§1 to 3; SDCL Supp, §32-14-9.2.