(1) "Crash" means any vehicle accident that triggers an obligation to provide information or make a report to law enforcement under SDCL 32-34-3, 32-34-3.1, 32-34-4, 32-34-6 or 32-34-7;

(2) "Department" means the South Dakota Department of Public Safety;

(3) "Interstate highway system" means all highways on the national system of interstate highways;

(4) "Motor carrier" means any person, corporation, lessee, trustee, or receiver operating any motor vehicle, trailer, or semitrailer on any public highway in this state for the transportation of agricultural or commercial goods or merchandise;

(5) "Permit-issuing authority" means any highway patrol trooper, highway patrol supervisor, motor carrier inspector, or highway patrol district office personnel;

(6) "Permit vehicle" means a vehicle operating under the authority of a permit issued under this chapter;

(7) "Platoon" or "platooning" means two vehicles traveling in a unified manner at electronically coordinated speeds and distance intervals that are closer than otherwise allowed under §§ 32-26-40 through 32-26-42;

(8) "Secretary" means the Secretary of the South Dakota Department of Transportation;

(9) "Trip" means a single directional movement of a permit vehicle from origin to destination; and

(10) "Vehicle" means a motor vehicle with a gross vehicle weight rating of 26,000 pounds or more and operating without a trailer or with only a single trailer.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1)(3)(6)(10).

Law Implemented: SDCL 32-26-50(1)(3)(6)(10).

Rule 70:15:01:02 Permit application.

70:15:01:02. Permit application. A permit is required to test or operate platoons. Applications for authorization to test or operate platoons must be submitted to the department on a form and in a manner approved by the department.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1).

Law Implemented: SDCL 32-26-50(1).

Rule 70:15:01:03 Permit issuance.

70:15:01:03. Permit issuance. A permit-issuing authority may issue an annual permit authorizing the testing and operation of platooning for a fleet of vehicles operated by a single motor carrier. Permit issuance is at the discretion of the issuing authority, and an application for a permit does not assure permit approval. In exercising its discretion, the permit-issuing authority shall be guided by this chapter.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1).

Law Implemented: SDCL 32-26-50(1).

Rule 70:15:01:04 Permit fee.

70:15:01:04. Permit fee. A permit fee of $60 must be paid to the department along with the application. If the permit is denied, the department shall refund the fee. The department shall deposit fees in the state highway fund.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(2).

Law Implemented: SDCL 32-26-50(2).

Rule 70:15:01:05 Permit exemptions.

70:15:01:05. Permit exemptions. A permit is not required for platooning of vehicles by employees, officials, or personnel of the federal government, any state government, or any political subdivision of this state.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1).

Law Implemented: SDCL 32-26-50(1).

Rule 70:15:01:06 Reporting requirements.

70:15:01:06. Reporting requirements. For the duration of each permit period, platooning permit holders shall keep records of the following information for each permit vehicle:

(1) Number of platooning miles traveled;

(2) Number of trips where platooning occurred for all or part of the trip;

(3) Routes where platooning occurred; and

(4) A copy of any crash report generated by law enforcement.

Within 15 days of a written request from the department, permit holders shall submit any information under this section to the department in the format and manner requested by the department.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(3).

Law Implemented: SDCL 32-26-50(3).

Rule 70:15:01:07 Authorized routes.

70:15:01:07. Authorized routes. Platooning is only permitted on the interstate highway system. From the Thursday preceding the first full weekend in August through the Sunday of the second full weekend in August each year, platooning is prohibited on the portion of Interstate Highway 90 beginning at milepost 0 and ending at milepost 67.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(4)(5).

Law Implemented: SDCL 32-26-50(4)(5).

Rule 70:15:01:08 Limitations due to visibility, weather, traffic and road conditions.

70:15:01:08. Limitations due to visibility, weather, traffic and road conditions. A platooning permit is not valid when visibility is reduced to one-half mile or less by weather, dust, or smoke. A platooning permit is not valid when the road surface is slippery because of snow, ice, slush, or frost. Law enforcement officers may further restrict or prohibit platooning under any permit during periods when, in their judgment, weather, traffic, or road conditions make platooning unsafe.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1)(5)(9)(10).

Law Implemented: SDCL 32-26-50(1)(5)(9)(10).

Rule 70:15:01:09 Limitations in highway work zones.

70:15:01:09. Limitations in highway work zones. Platooning is not permitted in any highway work zone posted for restricted use under § 31-4-14.2 or limited speed under § 32-25-19.1.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(4)(9)(10).

Law Implemented: SDCL 32-26-50(4)(9)(10).

Rule 70:15:01:10 Proof of permit required.

70:15:01:10. Proof of permit required. The driver of a permit vehicle shall provide written evidence of the permit to any law enforcement officer upon request of the officer. A legible and complete paper or electronic copy is considered written evidence of a permit under this section.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(8)(10).

Law Implemented: SDCL 32-26-50(8)(10).

Rule 70:15:01:11 Suspension of operations.

70:15:01:11. Suspension of operations. A law enforcement officer may prohibit a vehicle from platooning under a permit for:

(1) A violation of any requirement, condition, or limitation contained in this chapter;

(2) Platooning with equipment deficiencies that render the vehicle out-of-service under the enforcement criteria adopted in § 61:23:01:04; or

(3) Failure to lawfully operate the permit vehicle during platooning.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1)(9)(10).

Law Implemented: SDCL 32-26-50(1)(9)(10).

Rule 70:15:01:12 Permit revocation.

70:15:01:12. Permit revocation. The department may revoke a permit for multiple violations of any one or more of the grounds for suspension under § 70:15:01:11.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1)(9)(10).

Law Implemented: SDCL 32-26-50(1)(9)(10).

Rule 70:15:01:13 Appeals.

70:15:01:13. Appeals. Any person aggrieved by the denial, suspension, or revocation of a permit may appeal in writing to the secretary within 10 business days after the denial, suspension, or revocation. The written notice of appeal shall contain the name and address of the appellant, a copy of the denied application or the suspended or revoked permit, and the grounds for the appeal. The secretary shall set a time and place for the appeal hearing. The hearing may not be later than 60 days after the filing of the appeal. The notice of the time and place of the hearing shall be sent by first-class mail to the appellant at least 10 days prior to the date of the hearing. The hearing shall be conducted in accordance with SDCL chapter 1-26.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 32-26-50(1).

Law Implemented: SDCL 32-26-50(1).

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