Administrative Rule 61:18 | South Dakota Legislature

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 219, effective July 29, 1995; 25 SDR 34 effective September 15, 1998; 26 SDR 9, effective August 2, 1999; 33 SDR 108, effective December 27, 2006; 35 SDR 305, effective July 1, 2009.

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.

Rule 61:18:01:02 Repealed.

61:18:01:02. Notice of opportunity for hearing upon request.Repealed.

Source: 21 SDR 219, effective June 29, 1995; repealed, 25 SDR 34, effective September 15, 1998.

Rule 61:18:01:02.01 Notice of withdrawal of driving privileges.

61:18:01:02.01. Notice of withdrawal of driving privileges. 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.

Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

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.

Rule 61:18:01:02.02 Hearing requests.

61:18:01:02.02. Hearing requests. 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.

Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999; 42 SDR 31, effective September 9, 2015.

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).

Rule 61:18:01:03 Failure to respond.

61:18:01:03. Failure to respond. 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.

Source: 21 SDR 219, effective June 29, 1995; 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:01:03.01 Hearings.

61:18:01:03.01. Hearings. 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.

Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:01:04 Repealed.

61:18:01:04. Failure to appear.Repealed.

Source: 21 SDR 219, effective June 29, 1995; repealed, 25 SDR 34, effective September 15, 1998.

Rule 61:18:01:05 Recommendation of hearing officer.

61:18:01:05. Recommendation of hearing officer. 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.

Source: 21 SDR 219, effective June 29, 1995; 26 SDR 9, effective August 2, 1999.

General Authority:SDCL 32-12-49, 32-12-49.4.

Law Implemented:SDCL 32-12-49, 32-12-49.4.

Rule 61:18:01:06 Repealed.

61:18:01:06. Action by department.Repealed.

Source: 21 SDR 219, effective June 29, 1995; repealed, 25 SDR 34, effective September 15, 1998.

Rule 61:18:01:07 Repealed.

61:18:01:07. Appeal.Repealed.

Source: 21 SDR 219, effective June 29, 1995; repealed, 25 SDR 34, effective September 15, 1998.

Rule 61:18:01:08 Repealed.

61:18:01:08. Periods of suspension. Repealed:

Source: 21 SDR 219, effective June 29, 1995; repealed, SL 1998, ch 188, § 3, effective July 1, 1998

Rule 61:18:01:09 Transferred.

61:18:01:09. Transferred to § 61:19:02:06.

Rule 61:18:01:10 Repealed.

61:18:01:10. Ineligibility for restricted license.Repealed.

Source: 21 SDR 219, effective June 29, 1995; repealed, 23 SDR 187, effective May 14, 1997.

Rule 61:18:01:11 Burden of proof at hearing.

61:18:01:11. Burden of proof at hearing. 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.

Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

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).

Cross-Reference: In Re Zar, 434 N.W.2d 598 (S.D. 1989).

Rule 61:18:02 POINT ACCUMULATION

CHAPTER 61:18:02

POINT ACCUMULATION

Section

61:18:02:01 Repealed.

61:18:02:02 Multiple offenses arising out of a single incident.

61:18:02:03 Points assessed only on moving traffic violation convictions.

61:18:02:04 Point assessment for foreign state conviction.

61:18:02:05 Repealed.

61:18:02:06 Warning letter.

61:18:02:07 Repealed.

61:18:02:08 Accumulation of additional points.

61:18:02:09 Eligibility for restricted license.

61:18:02:10 Suspension based on point accumulation.

Rule 61:18:02:01 Repealed.

61:18:02:01. Traffic convictions and point values.Repealed.

Source: 3 SDR 35, effective November 10, 1976; repealed, 8 SDR 87, 8 SDR 134, effective July 1, 1982.

Rule 61:18:02:02 Multiple offenses arising out of a single incident.

61:18:02:02. Multiple offenses arising out of a single incident. 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.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 32-12-49.

Law Implemented:SDCL 32-12-49.

Rule 61:18:02:03 Points assessed only on moving traffic violation convictions.

61:18:02:03. Points assessed only on moving traffic violation convictions. 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.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 34, effective September 15, 1998.

General Authority:SDCL 32-12-49.

Law Implemented:SDCL 32-12-49.

Rule 61:18:02:04 Point assessment for foreign state conviction.

61:18:02:04. Point assessment for foreign state conviction. 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.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 32-12-49.

Law Implemented:SDCL 32-12-49.

Rule 61:18:02:05 Repealed.

61:18:02:05. Accumulation time.Repealed.

Source: 3 SDR 35, effective November 10, 1976; repealed, 8 SDR 87, 8 SDR 134, effective July 1, 1982.

Rule 61:18:02:06 Warning letter.

61:18:02:06. Warning letter. 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.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 32-12-49.

Law Implemented:SDCL 32-12-49.

Rule 61:18:02:07 Repealed.

61:18:02:07. Reduction of points.Repealed.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 25 SDR 34, effective September 15, 1998.

Rule 61:18:02:08 Accumulation of additional points.

61:18:02:08. Accumulation of additional points. A licensee who has been suspended for any reason may be resuspended for accumulation of points pursuant to SDCL 32-12-49.2.

Source: 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 34, effective September 15, 1998.

General Authority:SDCL 32-12-49.

Law Implemented:SDCL 32-12-49.

Rule 61:18:02:09 Eligibility for restricted license.

61:18:02:09. Eligibility for restricted license. 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.

Source: 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:02:10 Suspension based on point accumulation.

61:18:02:10. Suspension based on point accumulation. If any person's 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) Third or subsequent suspension--one year.

Source: 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 32-12-49.

Law Implemented: SDCL 32-12-49.1, 32-12-49.2.

Rule 61:18:03 INCOMPETENCE

CHAPTER 61:18:03

INCOMPETENCE

Section

61:18:03:01 Incompetence.

61:18:03:02 Ineligibility for restricted license.

Rule 61:18:03:01 Incompetence.

61:18:03:01. Incompetence. 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.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 219, effective June 29, 1995; 25 SDR 34, effective September 15, 1998.

General Authority:SDCL 32-12-49.

Law Implemented:SDCL 32-12-49.

Rule 61:18:03:02 Ineligibility for restricted license.

61:18:03:02. Ineligibility for restricted license. The department may not issue a restricted license during a suspension, revocation, or cancellation under SDCL subdivision 32-12-49(3).

Source: 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:04 UNLAWFUL POSSESSION OR USE OF LICENSE

CHAPTER 61:18:04

UNLAWFUL POSSESSION OR USE OF LICENSE

Section

61:18:04:01 Repealed.

61:18:04:02 Eligibility for restricted license.

Rule 61:18:04:01 Repealed.

61:18:04:01. Unlawful possession or fraudulent use of license.Repealed.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 219, effective June 29, 1995; repealed, SL 1998, ch 188, § 4, effective July 1, 1998.

Rule 61:18:04:02 Eligibility for restricted license.

61:18:04:02. Eligibility for restricted license. 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.

Source: 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:05 OUT-OF-STATE CONVICTIONS

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.

61:18:05:02 Eligibility for restricted license.

Rule 61:18:05:01 Out-of-state convictions for offenses requiring suspension, revocation, cancellation, or disqualification.

61:18:05:01. Out-of-state convictions for offenses requiring suspension, revocation, cancellation, or disqualification. 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.

Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 219, effective June 29, 1995; 23 SDR 187, effective May 14, 1997; 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:05:02 Eligibility for restricted license.

61:18:05:02. Eligibility for restricted license. 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.

Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:06 SUSPENSION

CHAPTER 61:18:06

SUSPENSION

(Repealed. 21 SDR 219, effective June 29, 1995)

Rule 61:18:07 NONCOMPLIANCE

CHAPTER 61:18:07

NONCOMPLIANCE

Section

61:18:07:01 Failure to pay fine or comply with citations.

61:18:07:02 Ineligibility for restricted license.

Rule 61:18:07:01 Failure to pay fine or comply with citations.

61:18:07:01. Failure to pay fine or comply with citations. 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.

Source: 21 SDR 219, effective June 29, 1995; 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:07:02 Ineligibility for restricted license.

61:18:07:02. Ineligibility for restricted license. The department may not issue a restricted license during a suspension, revocation, cancellation, or disqualification under SDCL subdivision 32-12-49(7).

Source: 26 SDR 9, effective August 2, 1999.

General Authority:SDCL 32-12-49, 32-12-49.4.

Law Implemented:SDCL 32-12-49, 32-12-49.4.

CHAPTER 61:18:08

IDENTIFICATION DOCUMENTS

Section

61:18:08:01 Repealed.

61:18:08:02 Documents required for applicant holding an out-of-state driver license or identification card.

61:18:08:03 Repealed.

61:18:08:04 Fraudulent documents and fraudulent use of documents.

Rule 61:18:08:01 Repealed.

61:18:08:01. Documents required for applicant of a first-time driver license or identification card. Repealed.

Source: 25 SDR 34, effective September 15, 1998; 35 SDR 305, effective July 1, 2009; repealed, 42 SDR 31, effective September 9, 2015.

Rule 61:18:08:02 Documents required for applicant holding an out-of-state driver license or identification card.

61:18:08:02. Documents required for applicant holding an out-of-state driver license or identification card. 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.

Source: 25 SDR 34, effective September 15, 1998; 35 SDR 305, effective July 1, 2009; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 32-12-3.2.

Law Implemented: SDCL 32-12-3.1, 32-12-3.4.

Rule 61:18:08:03 Repealed.

61:18:08:03. Documents required for applicant holding South Dakota identification card. Repealed.

Source: 25 SDR 34, effective September 15, 1998; 35 SDR 305, effective July 1, 2009; repealed, 42 SDR 31, effective September 9, 2015.

Rule 61:18:08:04 Fraudulent documents and fraudulent use of documents.

61:18:08:04. Fraudulent documents and fraudulent use of documents. 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.

Source: 25 SDR 34, effective September 15, 1998; 33 SDR 108, effective December 27, 2006; 35 SDR 305, effective July 1, 2009.

General Authority: SDCL 32-12-3.2.

Law Implemented: SDCL 32-12-3.1, 32-12-19.

Rule 61:18:09 FRAUDULENT INFORMATION

CHAPTER 61:18:09

FRAUDULENT INFORMATION

Section

61:18:09:01 Eligibility for restricted license.

Rule 61:18:09:01 Eligibility for restricted license.

61:18:09:01. Eligibility for restricted license. 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.

Source: 26 SDR 9, effective August 2, 1999.

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).

Rule 61:18:10 DEFERENCE TO COURT

CHAPTER 61:18:10

DEFERENCE TO COURT

Section

61:18:10:01 Deference to court.

Rule 61:18:10:01 Deference to court.

61:18:10:01. Deference to court. 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.

Source: 26 SDR 9, effective August 2, 1999.

General Authority:SDCL 32-12-49, 32-12-49.4.

Law Implemented:SDCL 32-12-49, 32-12-49.4.

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