reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:15 - Fire safety › Chapter 61:15:07 - Fire safety requirements for school buildings › Section 61:15:07:26 - Electrical motors

Current through Register Vol. 51, page 10, July 15, 2024
Electrical motors must be maintained in a manner free from accumulations of oil, dirt, waste, and other debris which will interfere with motor ventilation or create a fire hazard.
General Authority:
SDCL  13-25-2.
Law Implemented:
SDCL  13-25-3,  13-25-4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:15 - Fire safety › Chapter 61:15:07 - Fire safety requirements for school buildings › Section 61:15:07:27 - Extension cords

Current through Register Vol. 51, page 10, July 15, 2024
Extension cords may not be used as a substitute for permanent wiring and must be used in accordance with the following;
(1) Extension cords are permitted only with portable appliances while such appliances are in immediate use;
(2) Extension cords must be plugged directly into an electrical receptacle, power tap, or multiplug adapter and may, except for listed multiplug extension cords, serve only one portable appliance;
(3) The ampacity of an extension cord may not be less than the rated capacity of the portable appliance supplied by the cord;
(4) Extension cords must be maintained in good condition without splices, deterioration, or damage and must be grounded when serving grounded portable appliances;
(5) Extension cords and flexible cords may not be affixed to structures; extend through walls, ceilings, or floors or under doors or floor coverings; or be subject to environmental or physical damage.
General Authority:
SDCL  13-25-2.
Law Implemented:
SDCL  13-25-3,  13-25-4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:15 - Fire safety › Chapter 61:15:07 - Fire safety requirements for school buildings › Section 61:15:07:28 - Access to switchboards and panel boards

Current through Register Vol. 51, page 10, July 15, 2024
Workspace around switchboards and panel boards shall be provided and maintained as required by the
National Electrical Code
, 2014 edition. Such space may not be used for storage. A clear and unobstructed means of access with a minimum width of 36 inches and a minimum height of 78 inches shall be maintained from the operating face of the switchboard or panel board to an aisle or corridor. The disconnecting means for each service, feeder, or branch circuit originating on a switchboard or panel board shall be legibly and durably marked to indicate its purpose unless the purpose is clearly evident.
General Authority:
SDCL  13-25-2.
Law Implemented:
SDCL  13-25-3,  13-25-4.
NFPA 70,
National Electrical Code
, 2014 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-9101; $94.50 for members and $105.00 for nonmembers.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:15 - Fire safety › Chapter 61:15:07 - Fire safety requirements for school buildings › Section 61:15:07:29 - Flammable and combustible liquids and liquefied petroleum gas

Current through Register Vol. 51, page 10, July 15, 2024
The storage, use, dispensing, mixing, and handling of flammable and combustible liquids and liquefied petroleum gas shall be in accordance with chapters 57 and chapter 61 of the
International Fire Code
, 2015 edition. Flammable and combustible liquids are allowed to be used for maintenance purposes, operation of equipment, demonstration, or laboratory work if stored in cabinets which comply with the
International Fire Code
, 2015 edition. Quantities not exceeding 10 gallons may be stored outside a cabinet when in storage containers located in a location approved by the authority having jurisdiction.
General Authority:
SDCL  13-25-2.
Law Implemented:
SDCL  13-25-3,  13-25-4.
International Fire Code
, 2015 edition, International Code Council. Copies may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478; $92.00 for members and $123.00 for nonmembers. Telephone: 1-888-422 -7233.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:15 - Fire safety › Chapter 61:15:07 - Fire safety requirements for school buildings › Section 61:15:07:30 - Compressed gases

Current through Register Vol. 51, page 10, July 15, 2024
Cylinders containing flammable and nonflammable gases shall be stored, used, and handled in accordance with the
International Fire Code
, chapter 53, 2015 edition. Cylinders, pressure vessels, and groups of containers shall be marked with the name of the gas contained and if in service or in storage shall be adequately secured to prevent cylinders from falling or being knocked over.
General Authority:
SDCL  13-25-2.
Law Implemented:
SDCL  13-25-3,  13-25-4.
International Fire Code
, 2015 edition, International Code Council. Copies may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478; $92.00 for members and $123.00 for nonmembers. Telephone: 1-888-422 -7233.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:15 - Fire safety › Chapter 61:15:07 - Fire safety requirements for school buildings › Section 61:15:07:31 - Protection of gas appurtenances

Current through Register Vol. 51, page 10, July 15, 2024
Gas meters, regulators, piping, and liquefied petroleum gas tanks located in an alley, driveway, parking lot, or other area where vehicular damage may occur must be protected by barriers.
General Authority:
SDCL  13-25-2.
Law Implemented:
SDCL  13-25-3,  13-25-4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:15 - Fire safety › Chapter 61:15:07 - Fire safety requirements for school buildings › Section 61:15:07:32 - Special provisions for kindergarten, first, and second grades

Current through Register Vol. 51, page 10, July 15, 2024
Rooms used for kindergarten, first, or second grade pupils may not be located above or below the first story, except in basements or stories that have floor levels located within four feet, measured vertically, from the adjacent ground level at the point of exit, provided the basement or story has exits directly to the exterior at that level. In buildings equipped with an automatic sprinkler system throughout, rooms used for kindergarten, first, and second grade pupils may be located on the second story if there are at least two exits directly to the exterior for the exclusive use of the occupants. The authority having jurisdiction may modify the requirements of this section if exigent circumstances are encountered in a specific case.
General Authority:
SDCL  13-25-2.
Law Implemented:
SDCL  13-25-3,  13-25-4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Department," the Department of Public Safety;
(2) "Secretary," the secretary of the Department of Public Safety;
(3) "Compensation," reimbursement for providing motorcycle safety education courses;
(4) "Application," a form designed by the department for requesting compensation for providing motorcycle safety education courses;
(5) "Basic rider course," a course designed for beginning motorcycle riders;
(6) "Rider coach/instructor training," a course designed for training motorcycle instructors;
(7) "Experienced rider course," a course designed to provide specialized motorcycle training.
General Authority:
SDCL  32-20-14.
Law Implemented:
SDCL  32-20-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:02 - Instruction standards

Current through Register Vol. 51, page 10, July 15, 2024
Motorcycle safety education courses shall follow these curricula standards:
(1) A basic rider course shall follow a curriculum approved by the Director of the Office of Highway Safety that meets the criteria in the 2011 Model National Standards published by the National Highway Traffic Safety Administration;
(2) Rider coach/instructor training shall follow a curriculum approved by the Director of the Office of Highway Safety that meets the criteria in the 2011 Model National Standards published by the National Highway Traffic Safety Administration; and
(3) An experienced rider course shall follow a curriculum approved by the Director of the Office of Highway Safety that meets the criteria in the 2011 Model National Standards published by the National Highway Traffic Safety Administration.
General Authority:
SDCL  32-20-14.
Law Implemented:
SDCL  32-20-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:02.01 - Course approval

Current through Register Vol. 51, page 10, July 15, 2024
Motorcycle course curricula may be submitted to the Director of the Office of Highway Safety for approval. The Director shall approve or deny approval based on the criteria in the 2011 Model National Standards published by the National Highway Traffic Safety Administration. The Director may request additional information regarding the proposed curricula. The Director shall make a written decision on all submitted curricula within 60 days of the request for approval or receipt of all requested information, whichever is later.
General Authority:
SDCL  32-20-14.
Law Implemented:
SDCL  32-20-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:03 - Teacher certification standards

Current through Register Vol. 51, page 10, July 15, 2024
Each motorcycle safety education course teacher shall be certified by the course provider designated by the Director of the Office of Highway Safety and shall hold a valid South Dakota motorcycle driver's license.
General Authority:
SDCL  32-20-14.
Law Implemented:
SDCL  32-20-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:04 - Time of application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall apply after January 1 for compensation through the following December 31.
General Authority:
SDCL  32-20-14.
Law Implemented:
SDCL  32-20-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:05 - Application contents

Current through Register Vol. 51, page 10, July 15, 2024
The following information shall be submitted on the application:
(1) Course to be taught;
(2) Proposed number of students;
(3) Tentative schedule of course sites:
(a) A basic rider course shall be offered at a minimum of 20 locations throughout the state; and
(b) An experienced rider course and rider coach/instructor training may be offered at one or more locations throughout the state;
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:06 - Application approval

Current through Register Vol. 51, page 10, July 15, 2024
Applications approved by the secretary will receive compensation.
General Authority:
SDCL  32-20-14.
Law Implemented:
SDCL  32-20-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:16 - Motorcycle education › Chapter 61:16:01 - Motorcycle safety education courses › Section 61:16:01:07 - Compensation

Current through Register Vol. 51, page 10, July 15, 2024
Compensation for costs incurred by approved applicants shall be made through contract with the department. The contract shall include a performance bond in the amount of $10,000.
General Authority:
SDCL  32-20-14.
Law Implemented:
SDCL  32-20-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:01 - General provisions › Section 61:18:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Department," the Department of Public Safety;
(2) "Driver license," the certificate issued to a person by a jurisdiction showing the driving privilege has been granted;
(3) "Restricted license," limited driving privileges granted for school or employment purposes, or both;
(4) "Secretary," the secretary of public safety.
General Authority:
SDCL  32-12-3.2,  32-12-49,  32-12-49.4.
Law Implemented:
SDCL  32-12-3.1,  32-12-49,  32-12-49.4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:01 - General provisions › Section 61:18:01:02.01 - Notice of withdrawal of driving privileges

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that a person's driving privileges are subject to suspension, revocation, disqualification, or cancellation, the department shall notify the person of its intent to withdraw the person's driving privileges. At the department's option, this notice may be by either of the following methods:
(1) A notice of hearing issued pursuant to SDCL chapter 1-26; or
(2) A letter notifying the person of the withdrawal of driving privileges and of the person's right to request a hearing prior to the imposition of the suspension, revocation, disqualification, or cancellation. This letter shall also explain how to request a hearing.
Notice shall be sent by first class mail, postage prepaid, to the person's address on record with the department.
General Authority:
SDCL  32-12-49,  32-12-49.4,  32-23-11.
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:01 - General provisions › Section 61:18:01:02.02 - Hearing requests

Current through Register Vol. 51, page 10, July 15, 2024
To request a hearing, the person shall submit a written request to the department. A mailed hearing request must be postmarked or a faxed hearing request received within fifteen days following the date of the department's notice of intent to withdraw the person's driving privileges pursuant to SDCL  32-12-49 or  32-12-49.4. Upon receipt of a request for hearing, the department shall issue a notice of hearing pursuant to SDCL chapter 1-26
General Authority:
SDCL  32-12-49,  32-12-49.4.
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(3)(5).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:01 - General provisions › Section 61:18:01:03 - Failure to respond

Current through Register Vol. 51, page 10, July 15, 2024
Failure by a person to request a hearing within the time specified in §
									61:18:01:02.02 or SDCL  32-23-11 constitutes a waiver of the right to a hearing, and the department may then suspend, revoke, disqualify, or cancel the person's license.
General Authority:
SDCL  32-12-49,  32-12-49.4,  32-23-11(3)(5).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(3)(5).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:01 - General provisions › Section 61:18:01:03.01 - Hearings

Current through Register Vol. 51, page 10, July 15, 2024
The hearing shall be held no sooner than ten business days from the date the notice of hearing is issued, but promptly thereafter. The person may waive this waiting period. A continuance may be granted upon a showing of good cause. The department may dismiss the matter at any point prior to the issuance of a proposed decision by the hearing examiner.
General Authority:
SDCL  32-12-49,  32-12-49.4.
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(3)(5).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:01 - General provisions › Section 61:18:01:05 - Recommendation of hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
At the conclusion of a hearing, the hearing officer shall recommend imposition of suspension, revocation, disqualification, or cancellation or dismissal of the intended action by the department.
General Authority:
SDCL  32-12-49,  32-12-49.4.
Law Implemented:
SDCL  32-12-49,  32-12-49.4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:01 - General provisions › Section 61:18:01:11 - Burden of proof at hearing

Current through Register Vol. 51, page 10, July 15, 2024
At a hearing, the department bears the burden of establishing that a person's driving privileges are subject to suspension, revocation, disqualification, or cancellation. For suspension, revocation, or cancellation, the department must establish violation of the applicable statutes or rules or both by a preponderance of the evidence. For disqualification or any other withdrawal of privileges granted pursuant to a commercial driver's license, the department must establish violation of the applicable statutes or rules or both by clear and convincing evidence. The department need not establish in any case that the person has been charged with or convicted of a violation of the applicable statutes or rules or both.
General Authority:
SDCL  32-12-49,  32-12-49.4.
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(3)(5).
In Re Zar
, 434 N.W.2d 598 (S.D. 1989).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:02 - Point accumulation › Section 61:18:02:02 - Multiple offenses arising out of a single incident

Current through Register Vol. 51, page 10, July 15, 2024
When a person has been convicted of multiple offenses in a single incident, points shall be assessed on the offense carrying the highest point value.
General Authority:
SDCL  32-12-49.
Law Implemented:
SDCL  32-12-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:02 - Point accumulation › Section 61:18:02:03 - Points assessed only on moving traffic violation convictions

Current through Register Vol. 51, page 10, July 15, 2024
Points are assessed only on moving traffic violation convictions. No points may be assessed for standing, parking, equipment, seat belt, or size or weight violations, including speed limits set by the Department of Transportation to control size- and weight-related damage to the state highway system.
General Authority:
SDCL  32-12-49.
Law Implemented:
SDCL  32-12-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:02 - Point accumulation › Section 61:18:02:04 - Point assessment for foreign state conviction

Current through Register Vol. 51, page 10, July 15, 2024
The department shall assess points against a South Dakota resident for a conviction of an offense occurring in another state when the conviction would result in point assessment if the offense was committed in South Dakota.
General Authority:
SDCL  32-12-49.
Law Implemented:
SDCL  32-12-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:02 - Point accumulation › Section 61:18:02:06 - Warning letter

Current through Register Vol. 51, page 10, July 15, 2024
Upon accumulation of one-half as many points as are required for suspension, the department may send a warning letter calling attention to the licensee's driving record and indicating what further action will be taken if further points are accumulated.
General Authority:
SDCL  32-12-49.
Law Implemented:
SDCL  32-12-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:02 - Point accumulation › Section 61:18:02:08 - Accumulation of additional points

Current through Register Vol. 51, page 10, July 15, 2024
A licensee who has been suspended for any reason may be resuspended for accumulation of points pursuant to SDCL  32-12-49.2.
General Authority:
SDCL  32-12-49.
Law Implemented:
SDCL  32-12-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:02 - Point accumulation › Section 61:18:02:09 - Eligibility for restricted license

Current through Register Vol. 51, page 10, July 15, 2024
A person whose license is suspended pursuant to SDCL subdivision  32-12-49 (2) is eligible for a restricted license issued pursuant to article 61:19 unless the suspension is a second or subsequent suspension pursuant to SDCL subdivision 32-12-49(2) within the last 24 consecutive months.
General Authority:
SDCL 32-12-49,  32-12-49.4,  32-23-11(1).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-33-11(1).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:02 - Point accumulation › Section 61:18:02:10 - Suspension based on point accumulation

Current through Register Vol. 51, page 10, July 15, 2024
If any persons driving record shows violations resulting in the accumulation of fifteen points within any twelve consecutive months, or twenty-two points within any twenty-four consecutive months the department shall impose a period of suspension according to the following schedule:
(1) First suspension--sixty days;
(2) Second suspension--six months; and
(3) Subsequent suspension--one year.
General Authority:
SDCL  32-12-49
Law Implemented:
SDCL  32-12-49.1,  32-12-49.2
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:03 - Incompetence › Section 61:18:03:01 - Incompetence

Current through Register Vol. 51, page 10, July 15, 2024
The following persons are presumed to be incompetent to drive a motor vehicle and are subject to suspension, revocation, or cancellation until the secretary is satisfied that the reissuance of a license to such a person is not opposed to the public interest:
(1) A person legally judged to be incompetent to drive;
(2) A person with a demonstrated infirmity or for whom there is evidence of an infirmity, that could reasonably be determined to render the person incapable of safe driving.
The department shall impose suspension, revocation, or cancellation for an indefinite period until a medical statement attesting to the person's competence to drive is presented and the person demonstrates to the department the ability to operate a motor vehicle and pass the required tests.
General Authority:
SDCL  32-12-49.
Law Implemented:
SDCL  32-12-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:03 - Incompetence › Section 61:18:03:02 - Ineligibility for restricted license

Current through Register Vol. 51, page 10, July 15, 2024
The department may not issue a restricted license during a suspension, revocation, or cancellation under SDCL subdivision  32-12-49 (3).
General Authority:
SDCL 32-12-49,  32-12-49.4,  32-23-11(1).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(1).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:04 - Unlawful possession or use of license › Section 61:18:04:02 - Eligibility for restricted license

Current through Register Vol. 51, page 10, July 15, 2024
A person whose license is suspended pursuant to SDCL subdivision  32-12-49 (4) is eligible for a restricted license issued pursuant to article 61:19 unless the suspension is a second or subsequent suspension pursuant to SDCL subdivision 32-12-49(4) within the last 24 consecutive months.
General Authority:
SDCL 32-12-49,  32-12-49.4,  32-23-11(1).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(1).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:05 - Out-of-state convictions › Section 61:18:05:01 - Out-of-state convictions for offenses requiring suspension, revocation, cancellation, or disqualification

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt from another state of a notice of conviction or final administrative decision for a South Dakota resident of an offense which, if committed in this state, would be grounds for the suspension, revocation, or disqualification of the person's South Dakota driving privileges, the department shall suspend, revoke, cancel, or disqualify the person's driving privileges for the time period that would be imposed if the violation had occurred in South Dakota. If the person's driving privileges are also withdrawn by the state of conviction or final administrative decision and that period is longer than that imposed by South Dakota, the department may not reinstate the person's South Dakota driving privileges until the conclusion of the time period imposed by the other state, even though the person would otherwise be eligible.
General Authority:
SDCL  32-12-49,  32-12-49.4,  32-23-11(5).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-12-56.2,  32-23-11(5).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:05 - Out-of-state convictions › Section 61:18:05:02 - Eligibility for restricted license

Current through Register Vol. 51, page 10, July 15, 2024
A person suspended for an out-of-state conviction or final administrative decision is eligible for a restricted license on the same basis as if the offense had been committed in South Dakota. If the department or a court in this state could issue a restricted license for the corresponding offense committed in this state, the department may issue a restricted license pursuant to article 61:19, if the person has met South Dakota's requirements under the corresponding statutes or rules. The department may issue the restricted license for the longer of the suspension, revocation, cancellation, or disqualification period imposed by the state of conviction or the period imposed by South Dakota, or as otherwise limited by law.
General Authority:
SDCL  32-12-49,  32-12-49.4,  32-23-11(1)(4).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(1)(4).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:07 - Noncompliance › Section 61:18:07:01 - Failure to pay fine or comply with citations

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of notice of failure by a South Dakota licensed driver or resident to pay a fine or comply with a traffic citation in this state or another state, the department shall notify the person of the department's intent to withdraw the person's driving privileges.
The traffic citations subject to this section include all moving traffic violations which alone do not carry suspension or revocation. Citations not subject to this section include the following:
(1) Offenses which mandate personal appearance;
(2) Moving traffic violations which alone carry suspension or revocation;
(3) Equipment violations;
(4) Inspection violations;
(5) Size and weight violations;
(6) Parking violations;
(7) Transportation of hazardous materials violations;
(8) Seat belt violations.
The department shall suspend the person's driving privileges for an indefinite period until notice of payment or compliance is provided to the department.
General Authority:
SDCL  32-12-49,  32-12-49.4,  32-23-11(5).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(5).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:07 - Noncompliance › Section 61:18:07:02 - Ineligibility for restricted license

Current through Register Vol. 51, page 10, July 15, 2024
The department may not issue a restricted license during a suspension, revocation, cancellation, or disqualification under SDCL subdivision  32-12-49 (7).
General Authority:
SDCL 32-12-49,  32-12-49.4.
Law Implemented:
SDCL  32-12-49,  32-12-49.4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:08 - Identification documents › Section 61:18:08:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  32-12-3.2.
Law Implemented:
SDCL  32-12-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:08 - Identification documents › Section 61:18:08:02 - Documents required for applicant holding an out-of-state driver license or identification card

Current through Register Vol. 51, page 10, July 15, 2024
A South Dakota resident making application for a South Dakota driver license, permit, or identification card with a valid out-of-state photo driver license or identification card that meets the requirements of 6 C.F.R. Part 37 as amended through January 1, 2015, and is acceptable by federal agencies for official purposes shall turn in the out-of-state driver license or identification card and shall present evidence of lawful status and address of principal residence as specified in SDCL chapter 32-12. A South Dakota resident making application for a South Dakota driver license, permit, or identification card with a valid out-of-state photo driver license or identification card that does not meet the requirements of 6 C.F.R. Part 37 as amended through January 1 2015, and is not acceptable by federal agencies for official purposes shall turn in the out-of-state driver license or identification card and shall present evidence of identity, date of birth, lawful status, social security number, and address of principal residence as specified in SDCL chapter 32-12.
General Authority:
SDCL  32-12-3.2.
Law Implemented:
SDCL  32-12-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:08 - Identification documents › Section 61:18:08:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  32-12-3.2.
Law Implemented:
SDCL  32-12-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:08 - Identification documents › Section 61:18:08:04 - Fraudulent documents and fraudulent use of documents

Current through Register Vol. 51, page 10, July 15, 2024
If the department has good cause to believe that a document presented by an applicant is a fraudulent document or a valid document issued to someone other than the applicant, the department may deny the application or issue a temporary permit while it investigates the matter. If an application is denied or a driver license or identification card is canceled as a result of the applicant presenting any fraudulent documentation, the driver license or identification card remains denied or canceled until the secretary of public safety determines that that the applicant has provided sufficient documentation.
General Authority:
SDCL  32-12-3.2.
Law Implemented:
SDCL  32-12-3.1,  32-12-19.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:09 - Fraudulent information › Section 61:18:09:01 - Eligibility for restricted license

Current through Register Vol. 51, page 10, July 15, 2024
A person whose license is suspended under SDCL subdivision  32-12-49 (8) is eligible for a restricted license issued pursuant to article 61:19 unless the suspension is for a second or subsequent violation of SDCL subdivision 32-12-49(8) within the last 24 consecutive months.
General Authority:
SDCL 32-12-49,  32-12-49.4,  32-23-11(1).
Law Implemented:
SDCL  32-12-49,  32-12-49.4,  32-23-11(1).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:18 - Drivers' licenses › Chapter 61:18:10 - Deference to court › Section 61:18:10:01 - Deference to court

Current through Register Vol. 51, page 10, July 15, 2024
If a person's license or permit has been suspended, revoked, disqualified, or cancelled and a South Dakota court has authority to issue a license, permit, or restricted license, the department may not issue a restricted license except upon receipt of an order of the court.
General Authority:
SDCL  32-12-49,  32-12-49.4.
Law Implemented:
SDCL  32-12-49,  32-12-49.4.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:01 - Eligibility › Section 61:19:01:01 - Eligibility for restricted license

Current through Register Vol. 51, page 10, July 15, 2024
A person whose driving privileges are revoked under SDCL  32-23-11 is eligible for a restricted license issued pursuant to this article unless within the ten-year period preceding the date of refusal:
(1) The person has been convicted two or more times for driving under the influence;
(2) The person has been convicted once for driving under the influence and has previously had driving privileges revoked under SDCL  32-23-11; or
(3) The person's driving privileges have been revoked two or more times under SDCL  32-23-11.
General Authority:
SDCL  32-23-11(1).
Law Implemented:
SDCL  32-23-11(1).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:01 - Eligibility › Section 61:19:01:03 - Multiple grounds for withdrawal of driving privileges

Current through Register Vol. 51, page 10, July 15, 2024
A person is ineligible for a restricted license if the person's driving privileges are subject to suspension, revocation, cancellation, or disqualification for more than one reason and the person is ineligible for at least one of the reasons.
General Authority:
SDCL  32-12-49.4,  32-23-11(1).
Law Implemented:
SDCL  32-12-49.4,  32-23-11(1).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:01 - Eligibility › Section 61:19:01:04 - Revocation of restricted license

Current through Register Vol. 51, page 10, July 15, 2024
A person is ineligible for a restricted license for the remainder of the period of suspension, revocation, disqualification, or cancellation if the person had previously been issued a restricted license during that period and the restricted license was revoked pursuant to subdivisions 61:19:05:03(2), (3), or (4).
General Authority:
SDCL  32-12-49.4,  32-23-11(1).
Law Implemented:
SDCL  32-12-49.4,  32-23-11(1).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:02 - Application › Section 61:19:02:01 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Application for a restricted license shall be made to the Department of Public Safety. The application for a restricted license shall include the following:
(1) Name, address, phone number, date of birth, age, color of eyes, color of hair, sex, height, and weight of the applicant;
(2) Name and address of employer, school, or both, if applicable;
(3) A description of other options of transportation available; and
(4) A description of the nature of work, if applicable.
General Authority:
SDCL  32-12-49.4,  32-23-11(2).
Law Implemented:
SDCL  32-12-49.4,  32-23-11(2).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:02 - Application › Section 61:19:02:02 - Affidavits to be included

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for a restricted license, the applicant shall furnish, along with the application, one of the following:
(1) An affidavit from the applicant's employer stating that the applicant needs to operate a motor vehicle from the applicant's residence to the applicant's place of employment and return;
(2) If the applicant requires the use of a motor vehicle during the normal course of employment, an affidavit from the applicant's employer setting forth the facts establishing this requirement;
(3) If the applicant is self-employed, an affidavit to the department setting forth the provisions of the applicant's employment; or
(4) If the applicant requires the use of a motor vehicle for attendance at school, a copy of the applicant's class schedule.
General Authority:
SDCL  32-12-49.4,  32-23-11.
Law Implemented:
SDCL  32-12-49.4,  32-23-11.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:02 - Application › Section 61:19:02:03 - Lack of alternate means of transportation

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall submit an affidavit stating that there exists no other reasonable alternative means of transportation to and from work or school.
General Authority:
SDCL  32-12-49.4,  32-23-11.
Law Implemented:
SDCL  32-12-49.4,  32-23-11.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:02 - Application › Section 61:19:02:04 - Determining need

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of §
									61:19:02:02  in determining the need to operate a motor vehicle to and from work or school, the following shall be considered:
(1) Residence more than one mile from place of employment or school;
(2) Presence of some physical handicap which will not allow applicant to walk from the applicant's residence to the applicant's place of employment or school;
(3) Existence of no other means of transportation such as someone else in the family who can drive the applicant to work or school and back, a car pool which can pick the applicant up, or public transportation which is available within one mile of the applicant's home, school, or place of business.
General Authority:
SDCL  32-12-49.4,  32-23-11.
Law Implemented:
SDCL  32-12-49.4,  32-23-11.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:02 - Application › Section 61:19:02:05 - Continued employment to determine need

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of §
									61:19:02:02, need to drive while at work means that the applicant's continued employment is conditioned on the applicant's privilege to drive during normal working hours.
General Authority:
SDCL  32-12-49.4,  32-23-11.
Law Implemented:
SDCL  32-12-49.4,  32-23-11.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:02 - Application › Section 61:19:02:07 - Proof of financial responsibility

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall submit evidence of financial responsibility pursuant to the provisions of SDCL chapter 32-35.
General Authority:
SDCL  32-12-49.4,  32-23-11(2).
Law Implemented:
SDCL  32-12-49.4,  32-23-11(2).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:03 - Determination › Section 61:19:03:01 - Need established - License issued

Current through Register Vol. 51, page 10, July 15, 2024
The department shall issue a restricted license within 30 days of receipt of the required information if it finds that need has been established pursuant to §
									61:19:02:04  or 61:19:02:05.
General Authority:
SDCL  32-12-49.4,  32-23-11(3).
Law Implemented:
SDCL  32-12-49.4,  32-23-11(3).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:03 - Determination › Section 61:19:03:02 - Denial of license - Hearing available

Current through Register Vol. 51, page 10, July 15, 2024
If the department finds, after an investigation of the request to have a license issued, that the applicant fails to meet any eligibility requirement for the issuance of a restricted license, it shall within 30 days from receipt of the request, so notify the applicant. Upon notice of the department's determination of ineligibility for a restricted license, the applicant may petition for a hearing pursuant to the provisions of SDCL chapter 1-26.
General Authority:
SDCL  32-12-49.4,  32-23-11(3)
Law Implemented:
SDCL  32-12-49.4,  32-23-11(3)
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:04 - Limitations › Section 61:19:04:01 - Limitations

Current through Register Vol. 51, page 10, July 15, 2024
A restricted license shall clearly state the restrictions and provide sufficient information to enable law enforcement personnel to determine whether the licensee is in compliance, including the following information:
(1) The licensee's resident address;
(2) The name, address, and telephone number of the licensee's employer or school;
(3) Whether the licensee is permitted to drive for purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs, or a combination of purposes;
(4) The permitted hours and areas of operation;
(5) Notice that the restricted license is subject to revocation if the licensee commits any moving traffic violation or operates a vehicle after having consumed any alcohol or any illegal drug; and
(6) Any additional information the department deems relevant.
A restricted license may not be issued for more than 12 hours a day.
General Authority:
SDCL  32-12-49.4,  32-23-11(4).
Law Implemented:
SDCL  32-12-49.4,  32-23-11(4).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:19 - Restricted licenses › Chapter 61:19:05 - Grounds for revocation › Section 61:19:05:03 - Grounds for revocation

Current through Register Vol. 51, page 10, July 15, 2024
The following are grounds for revocation of a restricted license:
(1) Ineligibility pursuant to standards in chapter 61:19:02 at the time of issuance of the restricted license or at any point thereafter;
(2) Violation of the restrictions imposed by the restricted license;
(3) Commission of any moving traffic violation;
(4) Operation of a motor vehicle after having consumed alcohol or any illegal drug;
(5) Ineligibility pursuant to §
									61:18:02:09, 61:18:03:02, 61:18:04:02, 61:18:05:02, 61:18:07:02, 61:18:09:01, 61:19:01:01, 61:19:01:03, or 61:19:01:04 at the time of issuance of the restricted license or at any point thereafter;
(6) Any grounds found in South Dakota statutes or case law.
General Authority:
SDCL  32-12-49.4,  32-23-11(5).
Law Implemented:
SDCL  32-12-49.4,  32-23-11(5).
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:20 - Criminal justice commission, Void

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
The code commission has deleted this article pursuant to SDCL  1-26-8.1 which provides that if a statute authorizing a rule is repealed the rules promulgated thereunder are void. SDCL 1-34-9 which authorized the promulgation of the rules in this article was repealed by SL 1984, ch 11.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:22 - Handicapped parking, Transferred to 64:34

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
The Code Commission transferred Article 61:22 to Article 64:34 pursuant to the repeal of SDCL  32-30-11.5 and the enactment of SDCL  32-5-76.1 by SL 1988, ch 236, §§ 26 and 28, respectively.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:23 - Motor carrier safety and transportation of hazardous materials › Chapter 61:23:01 - Adoption of federal regulations › Section 61:23:01:01 and 61:23:01:02 - Regulations for transportation of hazardous materials.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:23 - Motor carrier safety and transportation of hazardous materials › Chapter 61:23:01 - Adoption of federal regulations › Section 61:23:01:03 - Hours of service exemption - Planting and harvesting season

Current through Register Vol. 51, page 10, July 15, 2024
The hours of service regulations as defined in 49 C.F.R. 395, and authorized by 49 C.F.R. 395.1(k), do not apply to any driver transporting any agricultural commodity or farm supplies for agricultural purposes if such transportation is limited to an area within a 150 air mile radius from the source of the commodity or the distribution point for the farm supplies and is during the planting and harvesting season of January 1 to December 31, inclusive.
General Authority:
SDCL  49-28A-2.
Law Implemented:
SDCL  49-28A-3.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:23 - Motor carrier safety and transportation of hazardous materials › Chapter 61:23:01 - Adoption of federal regulations › Section 61:23:01:04 - Adoption of Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service Criteria

Current through Register Vol. 51, page 10, July 15, 2024
Enforcement criteria for motor carrier safety regulations and for the safe transportation of hazardous materials in this state shall be in accordance with the "North American Standard Out-of-Service Criteria," Part I-IV Strategic Plan, and Appendix, Commercial Vehicle Safety Alliance (CVSA), April 1, 2023.
General Authority:
SDCL  49-28A-2.
Law Implemented:
SDCL  49-28A-3.
North American Standard Out-of-Service Criteria, Copyright 1997-2023, Revised as of April 1, 2023, The North American Standard Out of Service Criteria publication can be obtained by mailing a request to Commercial Vehicle Safety Alliance, 99 M Street Southeast, Suite 1025, Washington, DC 20003. Cost: $50 each.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:24 - VEHICLE DEALER LICENSING › Chapter 61:24:01 - Definitions › Section 61:24:01:03 - Temporary closing defined

Current through Register Vol. 51, page 10, July 15, 2024
Temporary closing means that the principal place of business is closed more than ten continuous days for any purpose.
General Authority:
SDCL  32-6B-60,  32-7B-20.
Law Implemented:
SDCL  32-6B-60,  32-7B-21.