CHAPTER 61:19:01
ELIGIBILITY
Section
61:19:01:01 Eligibility for restricted license.
61:19:01:02 Repealed.
61:19:01:03 Multiple grounds for withdrawal of driving privileges.
61:19:01:04 Revocation of restricted license.
61:19:01:01. Eligibility for restricted license. 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privileges have been revoked two or more times under SDCL 32-23-11.
Source:
3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1,
1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 187, effective May
14, 1997; 25 SDR 34, effective September 15, 1998; 33 SDR 108, effective
December 27, 2006.
General
Authority: SDCL 32-23-11(1).
Law
Implemented: SDCL 32-23-11(1).
61:19:01:02. Ineligibility.Repealed.
Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 187, effective May 14, 1997; repealed, 25 SDR 34, effective September 15, 1998.
61:19:01:03. Multiple grounds for withdrawal of driving privileges. 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.
Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11(1).
Law Implemented:SDCL 32-12-49.4, 32-23-11(1).
61:19:01:04. Revocation of restricted license. 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if the person had previously been issued a restricted license during that period and the restricted license was revoked pursuant to subdivisions 61:19:05:03(2), (3), or (4).
Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11(1).
Law Implemented:SDCL 32-12-49.4, 32-23-11(1).
CHAPTER 61:19:02
APPLICATION
Section
61:19:02:01 Application.
61:19:02:02 Affidavits to be included.
61:19:02:03 Lack of alternate means of transportation.
61:19:02:04 Determining need.
61:19:02:05 Continued employment to determine need.
61:19:02:06 Repealed.
61:19:02:07 Proof of financial responsibility.
61:19:02:01. Application. 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.
Source:
3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1,
1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 9, effective
August 2, 1999; 33 SDR 108, effective December 27, 2006.
General
Authority: SDCL 32-12-49.4, 32-23-11(2).
Law
Implemented: SDCL 32-12-49.4, 32-23-11(2).
61:19:02:02. Affidavits to be included. 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.
Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11.
Law Implemented:SDCL 32-12-49.4, 32-23-11.
61:19:02:03. Lack of alternate means of transportation. The applicant shall submit an affidavit stating that there exists no other reasonable alternative means of transportation to and from work or school.
Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11.
Law Implemented:SDCL 32-12-49.4, 32-23-11.
61:19:02:04. Determining need. 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.
Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11.
Law Implemented:SDCL 32-12-49.4, 32-23-11.
61:19:02:05. Continued employment to determine need. 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.
Source: 3 SDR 10, effective August 11, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11.
Law Implemented:SDCL 32-12-49.4, 32-23-11.
61:19:02:06. Violation of restricted license.Repealed.
Source: 21 SDR 219, effective June 29, 1995; transferred from § 61:18:01:19, 23 SDR 187, effective May 14, 1997; repealed, 25 SDR 34, effective September 15, 1998.
61:19:02:07. Proof of financial responsibility. The
applicant shall submit evidence of financial responsibility pursuant to the
provisions of SDCL chapter 32-35.
Source:
33 SDR 108, effective December 27, 2006.
General
Authority: SDCL 32-12-49.4, 32-23-11(2).
Law
Implemented: SDCL 32-12-49.4, 32-23-11(2).
CHAPTER 61:19:03
DETERMINATION
Section
61:19:03:01 Need established -- License issued.
61:19:03:02 Denial of license - Hearing available.
61:19:03:01. Need established -- License issued. 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.
Source: 3 SDR 10, effective August 11, 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; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11(3).
Law Implemented:SDCL 32-12-49.4, 32-23-11(3).
61:19:03:02. Denial of license -- Hearing available. 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.
Source: 3 SDR 10, effective August 11, 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; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11(3)
Law Implemented:SDCL 32-12-49.4, 32-23-11(3)
61:19:04:01. Limitations. 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.
Source: 3 SDR 10, effective August 11, 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; 26 SDR 9, effective August 2, 1999; 33 SDR 108, effective December 27, 2006; 42 SDR 31, effective September 9, 2015.
General Authority: SDCL 32-12-49.4, 32-23-11(4).
Law Implemented: SDCL 32-12-49.4, 32-23-11(4).
CHAPTER 61:19:05
GROUNDS FOR REVOCATION
Section
61:19:05:01 Repealed.
61:19:05:02 Repealed.
61:19:05:03 Grounds for revocation.
61:19:05:01. Conviction of traffic violation or unauthorized use.Repealed.
Source: 3 SDR 10, effective August 11, 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.
61:19:05:02. Notice of violation.Repealed.
Source: 3 SDR 10, effective August 11, 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.
61:19:05:03. Grounds for revocation. 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.
Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.
General Authority:SDCL 32-12-49.4, 32-23-11(5).
Law Implemented:SDCL 32-12-49.4, 32-23-11(5).
