CHAPTER 61:18:03

INCOMPETENCE

Section

61:18:03:01        Incompetence.

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

          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.

          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).