ENTITLED An Act to revise provisions regarding out-of-service motor carrier violations.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 32-12A-8.1 be AMENDED:
32-12A-8.1. No person may drive a commercial motor vehicle on the highways of this state while the person or the commercial motor vehicle is subject to any out-of-service order. A violation of this section is a Class 1 misdemeanor.
Section 2. That chapter 32-12A be amended with a NEW SECTION:
No person may drive a commercial motor vehicle on the highways of this state while the motor carrier operation employing the person is subject to any out-of-service order. A violation of this section is a Class 2 misdemeanor.
Section 3. That § 32-12A-52 be AMENDED:
32-12A-52. Any person is disqualified from driving a commercial motor vehicle for a period of one hundred eighty days if convicted of a first violation of an out-of-service order pursuant to § 32-12A-8.1.
If a violation of an out-of-service order pursuant to this section occurred while transporting hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, the operator is disqualified for a period of one hundred eighty days.
Section 4. That § 32-12A-53 be AMENDED:
32-12A-53. Any person is disqualified from driving a commercial motor vehicle for a period of two years if convicted of two violations of out-of-service orders pursuant to § 32-12A-8.1 in separate incidents during a ten-year period.
If the violations of out-of-service orders pursuant to this section occurred while transporting hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, the operator is disqualified for a period of three years.
Section 5. That § 32-12A-54 be AMENDED:
32-12A-54. Any person is disqualified from driving a commercial motor vehicle for a period of three years if convicted of three or more violations of out-of-service orders pursuant to 32-12A-8.1 in separate incidents during a ten-year period.
If the violations of out-of-service orders pursuant to this section occurred while transporting hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, the operator is disqualified for a period of five years.
Section 6. That § 32-12A-56 be AMENDED:
32-12A-56. In addition to disqualification, a driver who is convicted of violating an out-of-service order pursuant to 32-12A-8.1 is subject to a civil penalty of not less than two thousand five hundred dollars for a first conviction and not less than five thousand dollars for a second or subsequent conviction.
An Act to revise provisions regarding out-of-service motor carrier violations.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2022 at ____________M.
for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2022
ss. Office of the Secretary of State
Filed ____________, 2022 at _________ o'clock __M.
Secretary of State
Asst. Secretary of State
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