reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:03 - Requirements for driver testing record.

Current through Register Vol. 51, page 10, July 15, 2024
Each driver testing record must include the following:
(1) The complete name of the driver;
(2) The driver's license number, and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;
(3) The date the driver took the skills test;
(4) The test score sheets showing the results of the skills test;
(5) The name and identification number of the third-party examiner conducting the skills test and location the test was performed;
(6) The make, model, and license number of the commercial motor vehicle or vehicles used to conduct the testing;
(7) A copy of the written contract, if applicable, with any person or group of persons being tested, including the amount of payment: and
(8) The date the driver completed entry level driver training as required in Section 32-12A-11.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:04 - Requirements for third-party examiner records

Current through Register Vol. 51, page 10, July 15, 2024
Each third-party examiner record must include the following:
(1) A valid examiner certificate issued by the department upon meeting qualifications as indicated in §
									61:25:04:06, including name and residential address;
(2) A copy of the third-party examiner's current driving record, which must be updated annually; and
(3) Evidence that the third-party examiner is under the direction or control of the third-party tester who filed his or her third-party examiner application, either as an independent contractor or an employee.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:05 - Requirements for third-party testers

Current through Register Vol. 51, page 10, July 15, 2024
To be licensed, a third-party tester shall meet the following requirements:
(1) Apply to the department as provided in §
									61:25:04:08  and enter into an agreement with the department;
(2) Maintain a place of business with at least one permanent regularly occupied structure in this state;
(3) Direct or control at least one qualified third-party examiner approved by the department. A third-party tester may also be a third-party examiner;
(4) Allow FMCSA, its representatives, and the department to conduct random examinations, inspections, and audits without prior notice;
(5) Allow the department to conduct annual on-site inspections;
(6) Maintain for two years the completed commercial driver licensing skills test scoring sheet of each driver for whom the third-party tester conducts a skills test, whether or not the driver passes or fails the test at an approved location within the state;
(7) Maintain a record of each third-party examiner under the direction or control of the third-party tester at an approved location and retain the record for at least two years after the third-party examiner leaves the direction or control of the third-party tester;
(8) Ensure that the skill tests are conducted in accordance with the requirements of §
									61:25:04:18;
(9) Enter each test score into the Commercial Skills Test Information Management System;
(10) Meet all requirements of state law, federal law, and local ordinances; and
(11) Send a copy of testing records to the department by the 15th day of each month.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:06 - Requirements for third-party examiners

Current through Register Vol. 51, page 10, July 15, 2024
Third-party examiners may conduct skill tests on behalf of only one third-party tester at any given time. If a third-party examiner leaves the direction or control of a third-party tester, the examiner shall reapply and be approved for a new examiner identification card in order to conduct tests on behalf of a new third-party tester.
To qualify as a third-party examiner, an individual shall meet the following requirements:
(1) Apply to the department as provided in §
									61:25:04:09;
(2) Be under the direction or control of the third-party tester who filed the individual's third-party examiner application, either as an independent contractor or an employee;
(3) Have successfully completed a department-sanctioned commercial driver license examiner training course. At a minimum upon completion of the training the third-party examiner shall have acquired and demonstrated the following knowledge and skills;
(a) A comprehensive understanding of all information in the commercial driver license driver's manual;
(b) A working knowledge of the commercial driver license examiner's manual;
(c) Ability to administer and score correctly each of the commercial driver license skill tests; and
(d) Knowledge of testing site and route requirements;
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:07 - Specific requirements for certain third-party testers

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements listed in §
									61:25:04:05, all third-party testers who are not governmental entities or an association shall meet the following requirements:
(1) Entities other than proprietary schools and other educational institutions:
(a) Employ a safety officer or designate an official who is responsible for the third-party testing operation;
(b) Have been in operation in South Dakota for a minimum of two years; and
(c) If subject to the FMCSR, maintain a safety rating of satisfactory as provided in 49 C.F.R. 385.11 (January 1, 2011);
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:08 - General requirements for licenses and identification cards

Current through Register Vol. 51, page 10, July 15, 2024
The department shall issue a license to a third-party tester who meets the requirements of §
									61:25:04:05  that allows the tester to operate an approved testing program for the classes and types of vehicles listed. The department shall issue examiner identification cards to employees of the third-party tester qualified under §
									61:25:04:06.
A copy of the examiner's identification card must be displayed in the office of the third-party tester. The license issued by the department to operate a third-party testing program must be prominently displayed in the place of business of the third-party tester.
An examiner shall surrender his or her identification card to the department if that examiner becomes inactive or if the card has been revoked by the department. A license to operate a third-party testing program and examiners' identification cards are not transferable.
Each license and identification card is effective on the date of issuance and expires at the end of one year. All renewal application forms must be submitted to the department at least 30 days before the previous license expires.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:09 - Applications for third-party examiner certificate

Current through Register Vol. 51, page 10, July 15, 2024
Application for an examiner certificate must be made on a form supplied by the department. The form must include at least the following information:
(1) The full name, home and business addresses, and telephone numbers of the applicant;
(2) The applicant's driving history, including the class of the applicant's current license and any endorsements and restrictions;
(3) The name, address, and telephone number of the third-party tester under whose direction or control the applicant will operate; and
(4) The third-party tester's recommendation of the applicant for an examiner identification card and certification that the applicant is under the direction or control of the third-party tester, either as an independent contractor or as an employee.
An applicant shall submit with the application a completed and signed third-party examiner's qualification questionnaire.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:10 - Evaluation of applicants by the department

Current through Register Vol. 51, page 10, July 15, 2024
The department shall evaluate the materials submitted by the third-party tester applicant and the need for CDL skills testing in the area where the third-party tester proposes to operate. If the application materials meet requirements in this chapter, the department shall schedule an on-site inspection and audit of the applicant's third-party testing program to complete the evaluation.
The department shall evaluate the materials submitted by the third-party examiner applicant, including the applicant's driving record and qualification questionnaire. If the application materials, driving record, and qualification questionnaire meet requirements in this chapter, the department shall schedule the applicant for the third-party examiner training. Training may be waived if the applicant is seeking a new identification card only because the applicant has changed employers.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:11 - Application for third-party tester certificate

Current through Register Vol. 51, page 10, July 15, 2024
Before a third-party tester certificate is issued, the tester shall apply for a certificate in writing to the department on a form furnished by the department. The application must include the following:
(1) The official name, address, and telephone number of the principal office or headquarters;
(2) The name, title, address, and telephone number of the individual who is the applicant's contact person with the department;
(3) A description of the type of organization that is applying, such as governmental entity, an association, motor carrier, proprietary training school, or educational institution, and the length of time the applicant has been in business in South Dakota;
(4) If applicable, a description of the vehicle fleet owned or leased by the applicant, including the number of commercial motor vehicles by class and type;
(5) The class of testing which the applicant is applying for;
(6) If applicable, the total number of South Dakota licensed drivers employed to operate commercial motor vehicles and the number of such drivers who are full-time, part-time, and seasonal;
(7) The name, driver's license number, and home address of any third-party examiners or third-party examiner applicants who would be under the direction or control of the third-party tester; and
(8) The address of a South Dakota location where the applicant intends to conduct the skills tests, including a description of the off-road facilities and a map, drawing, or written description of the test route that will be used for the on-road portion of the skills test. If other locations are selected for the skill testing, the third-party examiner shall display knowledge necessary on the examiner's ability to select a test route for compliance on the skills testing in accordance with the requirements of §
									61:25:04:18.
Educational institutions and proprietary schools shall also submit with their application a description of their facilities, equipment, and training curriculum and the number of student applications for the previous year and the percentage of graduates.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:12 - Third-party tester agreement

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a third-party tester or third-party examiner certificate shall execute an agreement form provided by the department in which the applicant agrees, at a minimum, to comply with the requirements of this chapter for third-party testers, including the audit procedures in §
									61:25:04:13, and agrees to hold the department harmless from liability resulting from the third-party tester's administration of the commercial driver licensing skills test program.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:13 - On-site inspections and audits

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant for a third-party tester certificate shall permit the FMCSA or the department to inspect and audit its operations, facilities, and records that relate to its third-party testing program for the purpose of determining whether the applicant is qualified to be certified.
Any third-party tester who has been certified shall permit the department or FMCSA to inspect and audit its third-party testing program at least annually to determine whether it remains in compliance with the certification requirements.
The department and FMCSA may perform their inspections and audits with or without prior notice to the third-party tester. The department shall conduct on-site inspections at least annually.
Each inspection and audit must include, at a minimum, an examination of the following:
(1) Records relating to the third-party testing program;
(2) Evidence of compliance with the FMCSRs;
(3) Skills testing procedures, practices, and operations;
(4) Vehicles used for testing;
(5) Qualifications of third-party examiners;
(6) Effectiveness of the skills test program by either testing a sample of drivers who have been issued skill test certificates by the third-party tester or having department employees take the skill tests from the third-party examiner; and
(7) Any other aspect of the third-party tester's operation that the department determines is necessary to verify that the third-party tester meets the requirements for the certificate.
The department shall prepare a written report of the results of each inspection and audit and provide a copy of the report of the third-party tester.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:14 - Professional conduct

Current through Register Vol. 51, page 10, July 15, 2024
No examiner, employee, or agent of the third-party licensee may accompany a commercial driver license applicant into an examining office rented, leased, or owned by the department for the purpose of taking a written or skill test driver examination given by the department.
No examiner, employee, or agent of the third-party licensee may personally solicit an individual on the premises rented, leased, or owned by the department for the purpose of enrolling that individual in a third-party testing program.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:15 - Advertising

Current through Register Vol. 51, page 10, July 15, 2024
No advertisement may indicate in any way that a program can issue or guarantee the issuance of a commercial driver's license, imply that the program can in any way influence the department in the issuance of a commercial driver's license, or imply that preferential or advantageous treatment from the department can be obtained.
Programs that are in fact licensed by the department may in their advertising state they are licensed but may not indicate that a program is approved, sanctioned, or in any other way endorsed by the department over another program.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:16 - Insurance requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each third-party tester shall maintain bodily injury and property damage liability insurance on motor vehicles used in driving tests, insuring the liability of the testing program, the examiner, and any person taking a test.
Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, must be filed by the licensee with the department. The certificate must stipulate that the insurance contract carried by the licensee provides for cancellation only upon 30 days prior written notice to the department.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:17 - Notification requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each third-party tester shall advise the department as follows:
(1) Notify the department in writing 30 days prior to a change in the third-party tester's name or address;
(2) Notify the department in writing within 10 days of any change in the third-party examiners who are employed by the third-party tester and the third-party examiners' driving status;
(3) Notify the department in writing within 10 days of any of the following occurrences:
(a) The third-party tester ceases business operations in South Dakota;
(b) The third-party tester fails to comply with any of the requirements in this chapter;
(c) Third-party examiners receive notice from the department of suspension, revocation, disqualification, or cancellation or a driving while intoxicated conviction; or
(d) Third-party examiner fails to comply with any of the requirements in this chapter; and
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:18 - Test administration.

Current through Register Vol. 51, page 10, July 15, 2024
Each skill test shall be conducted in accordance with the provisions in 49 C.F.R. 383, Subparts G and H as of September 30, 2019.
Each skill test shall be conducted as follows:
(1) On a test route approved by the department as indicated in §
									61:25:04:11;
(2) In a vehicle that is representative of the class and type of vehicle for which the commercial driver license applicant seeks to be licensed and for which the third-party examiner is qualified to test; and
(3) With approved content, forms, and scoring procedures provided by the department.
A person who trains a commercial driver license applicant to drive a commercial motor vehicle may not also act as the third-party tester or third-party examiner for that applicant. The department reserves the right to test or re-examine any applicant certified by a third-party examiner.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:04 - Commercial driver third-party testing requirements › Section 61:25:04:19 - Denial/termination of third-party testing program and licenses

Current through Register Vol. 51, page 10, July 15, 2024
The department may deny an application for a third-party tester license or examiner's identification card if the applicant does not qualify for the license or card under this chapter. Misstatements or misrepresentation are grounds for denying a license or card.
A third-party tester or examiner may relinquish his or her license or card on 30 days notice to the department.
The department may cancel in its entirety the third-party testing program provided for in this chapter.
The department may revoke the license of a third-party tester or examiner on the following grounds:
(1) Failure to comply with or satisfy any of the provisions of this chapter or the third-party tester agreement;
(2) Falsification of records or information relating to the third-party testing program;
(3) For third-party examiner, driver license suspension, revocation, recall, or disqualifications; and
(4) Commission of any act or omission which, in the judgment of the department, compromises the integrity of the third-party program.
If the department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements in this chapter or in the third-party tester agreement, the department may postpone cancellation and allow the third-party tester or examiner 30 days to correct the deficiency.
General Authority:
SDCL  32-12A-48(6).
Law Implemented:
SDCL  32-12A-11,  32-12A-49.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:05 - Restricted commercial driver license › Section 61:25:05:01 - Eligibility for 180-day restricted commercial driver license

Current through Register Vol. 51, page 10, July 15, 2024
Any driver who is a seasonal employee of a farm-related service industry, such as custom harvesters, farm retail outlet suppliers, agrichemical businesses, and livestock feeders, is eligible for a restricted commercial driver license. The Department of Public Safety may issue a restricted commercial driver license to a seasonal driver for a continuous 180-day period or two 90-day periods within a calendar year, to be selected by the individual. An individual may receive a restricted commercial driver license for a maximum duration of 180 days in the 12 months beginning January 1 and ending December 31.
General Authority:
SDCL  32-12A-48(12).
Law Implemented:
SDCL  32-12A-7.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:05 - Restricted commercial driver license › Section 61:25:05:02 - Requirements for restricted commercial driver license

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a restricted commercial driver license shall meet all of the requirements of SDCL  32-12A-7, except for the knowledge and skills tests. Before the Department of Public Safety issues a restricted commercial driver license, the applicant shall have held a valid operator's license under SDCL chapter 32-12 for at least one full year and shall have met the following good driving record requirements for the two most recent years:
(1) No multiple licenses;
(2) No driver's license suspensions, revocations, or cancellations of any kind;
(3) No convictions in any type of motor vehicle for driving under the influence of alcohol or drugs, leaving the scene of an accident, or committing a felony involving a motor vehicle;
(4) No convictions in any type of motor vehicle for serious traffic violations as defined in SDCL  32-12A-1;
(5) No convictions for accident-connected traffic law violations; and
(6) No record of at-fault accidents.
A restricted commercial driver license is valid for commercial use, as defined in §
										61:25:05:01. The restricted commercial driver license must be renewed annually.
General Authority:
SDCL  32-12A-48(12).
Law Implemented:
SDCL  32-12A-7.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:05 - Restricted commercial driver license › Section 61:25:05:03 - Vehicles covered by restricted commercial driver license

Current through Register Vol. 51, page 10, July 15, 2024
The restricted commercial driver license authorizes the transportation of the products listed in §
									61:25:05:04  in motor vehicles included in commercial driver license vehicle classification B or C as defined in SDCL  32-12A-21.
General Authority:
SDCL  32-12A-48(12).
Law Implemented:
SDCL  32-12A-7.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:05 - Restricted commercial driver license › Section 61:25:05:04 - Products covered by restricted commercial driver license

Current through Register Vol. 51, page 10, July 15, 2024
The restricted commercial driver license authorizes the transportation of agricultural products, farm machinery, or farm supplies to and from a farm. A restricted commercial driver license holder may not operate a commercial motor vehicle beyond 150 miles from the place of business or the farm currently being served. A restricted commercial driver license holder may not drive vehicles carrying any placarded quantities of hazardous materials, except for the following:
(1) Diesel fuel in quantities of 1,000 gallons or less;
(2) Liquid fertilizers, such as plant nutrients, in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and
(3) Solid fertilizers, such as solid plant nutrients, that are not transported with any organic substance.
General Authority:
SDCL  32-12A-48(12).
Law Implemented:
SDCL  32-12A-7.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:25 - Commercial driver licenses › Chapter 61:25:05 - Restricted commercial driver license › Section 61:25:05:05 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
A restricted commercial driver license issued pursuant to this waiver authority in another state shall be accorded the same reciprocity as a commercial driver license pursuant to SDCL  32-12A-50.
General Authority:
SDCL  32-12A-48(12).
Law Implemented:
SDCL  32-12A-7.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:26 - Driver license fees › Chapter 61:26:02 - Driver licenses for persons under 21 years of age › Section 61:26:02:01 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
Fees for new or renewed licenses or identification cards issued pursuant to SDCL  32-12-42.1 shall be prorated as follows:
(1) One year: twenty-five percent of the total application fee in SDCL  32-12-16
(2) Two years: fifty percent of the total application fee in SDCL  32-12-16
(3) Three or four years: seventy-five percent of the total application fee in SDCL  32-12-16.
General Authority:
SDCL  32-12-42.1.
Law Implemented:
SDCL  32-12-42.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
In this chapter, unless the context otherwise plainly requires, the term "bus" means any motor vehicle with a capacity of ten or more passengers, excluding the driver, which is owned or operated by a nonprofit organization or privately owned and operated under a contract with such an organization.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:02 - Scope of application of rules

Current through Register Vol. 51, page 10, July 15, 2024
These rules shall provide the requirements that nonprofit buses must meet to pass the nonprofit bus vehicle inspection.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:03 - Brakes

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall be equipped with those brakes required by and meeting the performance standards of SDCL 32-18.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-18-1,  32-18-7,  32-18-8,  32-18-13,  32-18-19,  32-18-20.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:04 - Bumpers, fenders, hoods, and doors

Current through Register Vol. 51, page 10, July 15, 2024
All buses originally equipped with bumpers and fenders shall have those items securely fastened to the vehicle and maintained in a good state of repair. Doors and hoods of all buses shall comply with the provisions of SDCL 32-15.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-32.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:05 - Exhaust system

Current through Register Vol. 51, page 10, July 15, 2024
Every bus shall be equipped with an exhaust system in compliance with SDCL 32-15, and the system shall be in good repair.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:06 - Floor

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall have floors meeting the requirements of SDCL 32-15. All floor covering shall be securely attached to the floor of the vehicle and be in a condition which will not present a hazard to any passenger.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-31.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:07 - Fuel tank

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall be equipped with a fuel tank or tanks which shall be securely fastened to the vehicle and in good repair. The tank shall be equipped with a securely attached cap.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:08 - Glass

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall be equipped with safety glass or safety glazing material in compliance with SDCL 32-15.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-1,  32-15-2.1 to  32-15-2.3,  32-15-5, 32-15A-5.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:09 - Heater and defroster

Current through Register Vol. 51, page 10, July 15, 2024
All buses originally equipped with defroster and heating units shall have those units installed and in good operable condition.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:10 - Horn

Current through Register Vol. 51, page 10, July 15, 2024
Every bus shall be equipped with a horn as required in SDCL 32-15, and the horn shall be in good operable condition.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-10.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:11 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall meet the following lighting requirements:
(1) All buses shall be equipped with exterior lighting as required by SDCL 32-17. All required lighting equipment shall be properly mounted, of an approved type, and in good working condition. Buses equipped with additional lighting devices, required by federal law at the time of manufacture, shall have those lighting devices in good operable condition;
(2) All buses shall have instrument panel lights, high beam indicator light, turn signal indicator lights, and any other interior lights in operable condition; and
(3) All buses shall be equipped with flares as required by SDCL 32-17.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL 32-15A-5,  32-17-1,  32-17-5,  32-17-6,  32-17-8,  32-17-8.1,  32-17-9,  32-17-11 to  32-17-20,  32-17-27,  32-17-28.
Specifications for lamps and lighting devices, § 61:05:03:02.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:12 - Mirrors

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall be equipped with one interior and two exterior rearview mirrors that provide a clear view to the driver to the rear and past the left and right rear of the bus.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-8.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:13 - Safety kit and fire extinguisher

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall be equipped with a 24-unit first aid kit and at least one dry chemical fire extinguisher having a capacity of at least two and one-half pounds, fully charged and firmly mounted to the vehicle in full view with easy access.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:14 - Seats

Current through Register Vol. 51, page 10, July 15, 2024
Buses shall have all seats securely fastened to the body of the vehicle and in such condition that they do not present a hazard to any passenger.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:15 - Suspension system

Current through Register Vol. 51, page 10, July 15, 2024
There shall be no excessive play or wear in any of the components of the suspension system or any binding of the steering mechanism when turned completely to the left or right.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-28,  32-15-29.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:16 - Tires and wheels

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall meet the following tire and wheel requirements:
(1) No tire mounted on the bus shall have a cut into the fabric, be worn so that the fabric is visible, or have knots or bulges in the sidewall or tread;
(2) No tire on the wheels of the steering axle shall be worn to less than three thirty-secondths of an inch of tread depth on any two adjacent tread grooves;
(3) No tire mounted on wheels on the bus shall be worn to less than two thirty-secondths of an inch of tread depth on any two adjacent tread grooves; and
(4) No wheel shall be bent, cracked, or damaged to the extent that it affects safe operation of the bus. Lug nuts shall not be loose, missing, or stripped.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-19-12,  32-19-13,  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:17 - Windshield wipers

Current through Register Vol. 51, page 10, July 15, 2024
All buses shall be equipped with windshield wipers as required by SDCL 32-15 and wipers shall be in good operable condition. Wiper blades shall be equipped with a good live rubber surface. Those buses equipped with two wipers shall have both in operable condition.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-15-7.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:18 - Sticker placement on buses

Current through Register Vol. 51, page 10, July 15, 2024
All inspected buses shall have the approval or rejection sticker mounted on the inside of the windshield in the lower right corner. The certificate issued with approval stickers shall remain in the bus to be displayed on demand to a peace officer.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:19 - Rejection sticker - Operation of bus prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A bus which is issued a rejection sticker is prohibited from transporting passengers until the bus displays a valid approval sticker.
General Authority:
SDCL  32-21-3.1.
Law Implemented:
SDCL  32-21-3.1.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:20 - Certification of nonprofit bus inspectors

Current through Register Vol. 51, page 10, July 15, 2024
Any person who performs annual nonprofit bus inspections shall be at least 18 years of age and certified by the Division of Highway Patrol. A person shall successfully complete a training course of at least eight hours provided by the Division of Highway Patrol prior to certification. A person shall maintain certification by completing a recertification course every five years. The recertification course consists of at least four hours of training provided by the Division of Highway Patrol.
General Authority:
2018 SL Ch 194, Pg 357
Law Implemented:
2018 SL Ch 194, Pg 357
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:31 - Nonprofit bus › Chapter 61:31:01 - Nonprofit bus vehicle inspection › Section 61:31:01:21 - Revocation of certification

Current through Register Vol. 51, page 10, July 15, 2024
Upon a determination by the Division of Highway Patrol that any person certified as a nonprofit bus inspector has failed to exercise an acceptable level of care in performing nonprofit bus inspections, the Division of Highway Patrol shall revoke that persons certification. A person whose certification has been revoked may not perform any school bus inspections until the person has repeated and successfully completed the eight hour training course.
General Authority:
2018 SL Ch 194, Pg 357
Law Implemented:
2018 SL Ch 194, Pg 357
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:32 - Administration of Department › Chapter 61:32:01 - Declaratory Rulings › Section 61:32:01:01 - Petition for Declaratory Ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person may file a petition with the secretary of the Department of Public Safety for the purpose of requesting a declaratory ruling concerning the applicability of a statutory provision or of a rule or order made by the department. The petition shall contain the following: the state statute, department rule, or order in question; the facts and circumstances which give rise to the issue to be answered by the department; and the precise question to be answered by the department.
General Authority:
SDCL  1-26-15
Law Implemented:
SDCL  1-26-15
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:32 - Administration of Department › Chapter 61:32:01 - Declaratory Rulings › Section 61:32:01:02 - Response to Petition for Declaratory Rulings

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for declaratory ruling the department may request further information from the petitioner in order to assist the department in making its determination. Within 90 days following the receipt of the petition, or within 90 days following the receipt of the additional requested information, the department shall issue its declaratory ruling and provide a copy to the petitioner.
General Authority:
SDCL  1-26-15
Law Implemented:
SDCL  1-26-15
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Agency," South Dakota Department of Public Safety, Division of Wildland Fire;
(2) "BHFFPD," Black Hills Forest Fire Protection District as defined in SDCL  34-35-15;
(3) "Large slash pile," a slash pile that is larger than six feet in height and six feet in diameter;
(4) "Permit," a written form or internet-based form delivered to a permit holder;
(5) "Slash pile," accumulated limbs, leaves, pine needles and miscellaneous fuel left by natural debris and forest management activities, such as thinning, pruning, and timber harvesting; and
(6) "Small slash pile,'" a slash pile that is no larger than six feet in height, and six feet in diameter.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:02 - Application for permit

Current through Register Vol. 51, page 10, July 15, 2024
Persons wanting to obtain a permit for any type of open burning in the BHFFPD shall utilize the application process found on the Agency "Burn Permit" website or submit a paper application in the mail.
General Authority:
SDCL  34-35-19
Law Implemented:
SDCL  34-35-16,  34-35-17
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:03 - Permits types

Current through Register Vol. 51, page 10, July 15, 2024
The following permits for an open fire in the BHFFPD may be issued to individuals, corporate entities or non-governmental organizations:
(1) Burn barrel permit - a permit authorizing the use of a burn barrel at private residences, ranches and farms within the BHFFPD to burn household paper products which is valid for three years from the date of issuance;
(2) Commercial campground permit - a permit authorizing the owner or manager of a private or non-profit campground or summer camp area, for camping site campfire rings/grates which is valid for three years from the date of issuance;
(3) Private campfire permit - a permit authorizing an owner of private property for an outdoor firepit, fireplace or campfire ring located on that person's private property which is valid for three years from the date of issuance; and
(4) Slash pile burning permit - a permit authorizing the burning of slash piles in an open fire which is valid from November 1st to March 31st.
General Authority:
SDCL  34-35-19
Law Implemented:
SDCL  34-35-16,  34-35-17
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:04 - Permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
The following conditions apply to all permits issued under this chapter:
(1) No burning may occur when county fire restrictions exist, or a county burn ban is in effect;
(2) No burning may occur when a wind advisory, high wind watch, high wind warning, fire weather watch, or red flag warning is forecasted or in effect; and
(3) All open burning conducted under a permit shall comply with air quality requirements found in Chapter 74:06:07.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:05 - Authorized burn barrels

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to burn barrels:
(1) Burn barrel must be of metal construction, with all draft holes screened with heavy duty 1/4" or less woven wire screening. The top grate must be of the same screening material or a welded construction that will not allow flying ash or burning paper to leave burn barrel during combustion;
(2) Burn barrel must be located at least 30 feet away from any structure and sited on bare mineral soil, gravel or concrete;
(3) Vegetation must be cleared for a 6-foot radius around the burn barrel; and
(4) Burn barrel shall be staked and secured to prevent overturning.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:06 - Burn barrel use requirements

Current through Register Vol. 51, page 10, July 15, 2024
The following conditions apply to burn barrel permits:
(1) Burn barrel, once permitted, cannot be modified, or moved to a new location on the property and utilized under the same permit;
(2) Burn barrel permits are for domestic and farm or ranch use only;
(3) Burn barrel shall be monitored at all times when flames are visible;
(4) Burn barrel grate or screen must be in place covering the top of barrel when in use; and
(5) Burn barrels are not permitted where county ordinances prohibit their use.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:07 - Authorized commercial campground campfires

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to commercial campgrounds and summer camps fires:
(1) A three-foot-wide minimum ring around the fire pit, fireplace or campfire ring shall be scrapped down to bare mineral soil or consist of a concrete, gravel or sand apron;
(2) A two-footradius ring of vegetation clipped or mowed to less than 3 inches in height shall be maintained around the three-foot wide ring;
(3) The minimum height of the sidewalls of the fire pit, fireplace or campfire ring shall be at least 10 inches unless it is mounted on single post or is a manufactured seamless ring of 7 inches; and
(4) All overhead tree branches shall be at least 10 feet above the fire pit, fireplace or campfire ring.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.