CHAPTER 32-12A

COMMERCIAL DRIVERS LICENSES AND PERMITS

32-12A-1    Definitions.

32-12A-2    Construction of this chapter with general driver licensing provisions.

32-12A-3    Drivers of commercial vehicles limited to one license.

32-12A-4    Holder of commercial learner's permit or driver license to notify department and employer of conviction for violation of motor vehicle traffic law--Prior employment history to be furnished employer.

32-12A-5    Information required by employer--Operation of commercial motor vehicle prohibited under certain conditions.

32-12A-5.1    Proceeding against employer by state's attorney.

32-12A-6    Possession of commercial driver license or learner's permit required for vehicle operation--Violation as misdemeanor.

32-12A-7    Qualifications of commercial motor vehicle drivers.

32-12A-7.1    Registration with Selective Service a condition for obtaining learner's permit or driver license.

32-12A-8    Operation of commercial vehicle while driver license suspended, revoked, etc., prohibited--Violation as misdemeanor.

32-12A-8.1    Driving while subject to out-of-service order prohibited--Violation as misdemeanor.

32-12A-8.2    Out-of-service order for motor carrier operation--Violation--Misdemeanor.

32-12A-9    Operators exempt from provisions of chapter.

32-12A-10    Adoption of rules regarding farm exemption of 32-12A-9.

32-12A-11    Knowledge and skills tests required--Waiver--Restrictions--Violation as misdemeanor.

32-12A-12    Issuance of commercial learner's permit--Renewal--Restrictions on vehicle operation.

32-12A-12.1    Passenger, school bus, and tanker endorsements on commercial learner's permits.

32-12A-13    Nondomiciled commercial learner's permit or commercial driver license.

32-12A-14    Requirements of application.

32-12A-14.1    Documents with applicant's name and residence address to be presented with application.

32-12A-14.2    Applicants permitted three attempts to pass license examination.

32-12A-15    Commercial driver license fee--Additional fees.

32-12A-16    Issuance of duplicate license.

32-12A-17    Restriction on operation under learner's permit or driver license issued by another jurisdiction.

32-12A-18    Disqualification of commercial driving privileges for use of false information.

32-12A-19    32-12A-19. Repealed by SL 1991, ch 252, § 8; transferred by SL 2001, ch 171, § 115.

32-12A-20    Form and contents of commercial driver license.

32-12A-20.1    Social security number on license prohibited.

32-12A-20.2    Veteran designation on license or permit.

32-12A-21    Privileges conferred by learner's permit or driver license--Classifications of permits and licenses.

32-12A-22    License endorsements.

32-12A-22.1    Exemption from hazardous materials endorsement for certain persons with Class A combination vehicle license.

32-12A-23    Driver license and learner's permit restrictions.

32-12A-23.1    Additional learner's permit restrictions.

32-12A-24    Qualifications of school bus drivers.

32-12A-24.1    Repealed.

32-12A-24.2    Repealed.

32-12A-24.3    Repealed.

32-12A-25    Prior convictions information required on school bus operator application.

32-12A-26    Notification of suspension or revocation of learner's permit or driver license bearing school bus endorsement.

32-12A-27    Names and social security numbers of school bus drivers to be reported to Department.

32-12A-28    Acquisition of driving record information before issuance of learner's permit or driver license.

32-12A-29    Notification to commercial driver license information system.

32-12A-30    Expiration of license.

32-12A-31    Application for renewal--Test for hazardous materials endorsement--Period when renewable.

32-12A-32    Grounds for suspension, revocation, or cancelation of commercial learner's permit or driver license--Hearing.

32-12A-33    Suspension or disqualification for false statement or representation--Misdemeanor.

32-12A-34    Reciprocal suspension, revocation, and disqualification.

32-12A-35    32-12A-35. Repealed by SL 2005, ch 167, § 18, eff. September 30, 2005.

32-12A-36    Persons disqualified from driving commercial motor vehicle for period of not less than one year or not less than three years.

32-12A-37    Disqualification for life for multiple violations of 32-12A-36--Reduction.

32-12A-38    Disqualification for life using commercial or noncommercial motor vehicle in commission of felony involving controlled substance.

32-12A-39    Reinstatement of driver disqualified for life after completion of rehabilitation program.

32-12A-40    Disqualification for conviction within three-year period of two serious traffic violations.

32-12A-41    Disqualification for conviction within three-year period of three serious traffic violations.

32-12A-42    Updating of records to reflect action regarding disqualification of nonresident--Notification of issuing licensing authority.

32-12A-43    Operation of commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited.

32-12A-44    Driving commercial vehicle prohibited at certain levels of blood alcohol--Violation as misdemeanor.

32-12A-45    Persons authorized to withdraw blood to determine alcohol content--Liability.

32-12A-46    Consent to test for alcohol or drugs--Consequences of refusal or submission to test.

32-12A-47    Notification of licensing authority in licensing state of conviction of nonresident.

32-12A-48    Promulgation of rules.

32-12A-49    Agreements, arrangements, or declarations permitted.

32-12A-50    Operation with valid out-of-state commercial learner's permit or driver license--Full faith and credit of out-of-state conviction.

32-12A-51    32-12A-51. Repealed by SL 2005, ch 167, § 29, eff. September 30, 2005.

32-12A-52    Disqualification for conviction of violation of out-of-service order--First violation.

32-12A-53    Disqualification for conviction of violation of out-of-service order--Second violation.

32-12A-54    Disqualification for conviction of violation of out-of-service order--Three or more violations.

32-12A-55    Restoration of revoked, suspended, or disqualified commercial learner's permit, commercial license, or driving privilege.

32-12A-56    Violation of out-of-service order--Civil penalty against driver.

32-12A-57    Violation of out-of-service order--Civil penalty against employer.

32-12A-58    Adoption of Title 49 C.F.R., chapter 3, subpart B, parts 383 and 384.

32-12A-59    Disqualification for conviction of first grade crossing violation.

32-12A-60    Disqualification for second grade crossing conviction.

32-12A-61    Disqualification for third or subsequent grade crossing conviction.

32-12A-62    Federal Motor Carrier Safety Administration driver disqualification and imminent hazard determination to be part of driver record.

32-12A-63    Certified abstract of operating record--Information on driver record of person issued commercial learner's permit or driver license.

32-12A-64    Convictions for traffic violations to appear on driver's record.

32-12A-65    Expiration of medical certification--Expiration, removal, or rescission of medical variance.

32-12A-66    Refresher course and examination for commercial driver license test examiner certification.

32-12A-67    Bond requirement for third-party testers--Exceptions.

32-12A-68    Disqualification of commercial driving privileges for human trafficking conviction.

32-12A-69    Downgrade of license upon violation.

32-12A-70    Downgrade of license--Termination of downgrade--Notification.

32-12A-71    Downgrade of license--Termination of downgrade--Reinstatement of permit or privilege--Notification.

32-12A-72    Downgrade of license--Erroneous downgrade--Reinstatement of permit or privilege--Notification.

32-12A-1. Definitions.

Terms used in this chapter mean:

(1)    "Alcohol," any substance containing any form of alcohol;

(2)    "Commercial driver license," or "CDL," a license issued in accordance with the requirements of this chapter to an individual that authorizes the individual to drive a class of commercial motor vehicle;

(3)    "Commercial driver license information system," or "CDLIS," the information system established pursuant to the Commercial Motor Vehicle Safety Act (CMVSA) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;

(4)    "Commercial learner's permit" or "CLP," a permit issued pursuant to § 32-12A-12;

(5)    "Commercial motor vehicle" or "(CMV)," a motor vehicle designed or used to transport passengers or property:

(a)    If the vehicle has a gross combination weight rating of twenty-six thousand one pounds or more and the towed unit has a gross vehicle weight rating of more than ten thousand pounds;

(b)    If the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;

(c)    If the vehicle is designed to transport sixteen or more passengers, including the driver; or

(d)    If the vehicle is of any size and is used in the transportation of hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F, as amended through January 1, 2015;

(6)    "Controlled substance," any substance so classified under section 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on Schedules I through V, of 21 C.F.R. Part 1308, inclusive, as amended through January 1, 2015;

(7)    "Conviction," an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated;

(8)    "Department," the Department of Public Safety;

(9)    "Disqualification," any of the following actions:

(a)    The suspension, revocation, or cancellation of a commercial learner's permit or a commercial driver license by the state or jurisdiction of issuance;

(b)    Any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); or

(c)    A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle;

(10)    "Domicile," the state where a person has that person's true, fixed, and permanent home and principal residence and to which that person has the intention of returning whenever that person is absent;

(11)    "Drive," to drive, operate, or be in actual physical control of a motor vehicle;

(12)    "Driver," any person who drives, operates, or is in actual physical control of a commercial motor vehicle, or who is required to hold a commercial learner's permit or commercial driver license;

(13)    "Employer," any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;

(14)    "Endorsement," an authorization to a person's commercial learner's permit or commercial driver license required to allow the person to operate certain types of commercial motor vehicles;

(15)    "Fatality," the death of a person as the result of a motor vehicle accident;

(16)    "Felony," any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;

(17)    "Foreign jurisdiction," any jurisdiction other than a state of the United States;

(18)    "Gross combination weight rating" or "GCWR," the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon;

(19)    "Gross vehicle weight rating," or "GVWR," the value specified by the manufacturer as the loaded weight of a single vehicle;

(20)    "Hazardous materials," any material that has been designated as hazardous under 49 U.S.C. 5103 as amended through January 1, 2015, and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended through January 1, 2015;

(21)    "Imminent hazard," the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment;

(22)    "Medical variance," the receipt of one of the following that allows a driver to be issued a medical certificate:

(a)    An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. part 381 or 49 C.F.R. part 391, as amended through January 1, 2015; or

(b)    A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. part 391, as amended through January 1, 2015;

(23)    "Motor vehicle," a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power, used on highways, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail;

(24)    "Noncommercial motor vehicle," a motor vehicle or combination of motor vehicles not defined as a commercial motor vehicle;

(25)    "Nondomiciled CLP or CDL," a commercial learner's permit or commercial driver license issued by a state to a person who resides in a foreign jurisdiction or a person domiciled in another state that is prohibited from issuing commercial driver licenses by the Federal Motor Carrier Safety Administration;

(26)    "Notice of final administrative decision," a determination rendered by an agency of competent jurisdiction when all avenues of appeal have been exhausted or time to appeal has elapsed;

(27)    "Operator's license," any license issued by a state to a person which authorizes the person full privileges to drive a motor vehicle;

(28)    "Out-of-service order," an out-of-service order as defined by 49 C.F.R. part 390.5, as of January 1, 2015;

(29)    "Recreational vehicle," a vehicle which is self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use;

(30)    "School bus," any motor vehicle that is used to transport sixteen or more passengers, including the driver, and is used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier;

(31)    "Serious traffic violation," a conviction of:

(a)    Excessive speeding, involving a single charge of any speed fifteen miles per hour or more, above the posted speed limit, in violation of chapter 32-25;

(b)    Reckless driving, in violation of § 32-24-1;

(c)    Careless driving, in violation of § 32-24-8;

(d)    Improper or erratic traffic lane changes, in violation of § 32-26-6;

(e)    Following the vehicle ahead too closely, in violation of § 32-26-40;

(f)    A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident;

(g)    Failure to stop or yield, in violation of §§ 32-29-2.1, 32-29-2.2, 32-29-3, and 32-29-4;

(h)    Failure to stop or slow vehicle for a school bus, in violation of § 32-32-6;

(i)    Eluding a police vehicle, in violation of § 32-33-18;

(j)    Overtaking or passing another vehicle, in violation of §§ 32-26-26, 32-26-27, 32-26-28, 32-26-34, 32-26-35, 32-26-36, and 32-26-37;

(k)    Driving a commercial motor vehicle without obtaining a commercial learner's permit or commercial driver license, in violation of § 32-12A-6;

(l)    Driving a commercial motor vehicle without a commercial learner's permit or commercial driver license in the driver's possession in violation of § 32-12A-6. Any person who provides proof to the court or to the enforcement authority that issued the citation, by the date the person was required to appear in court or to pay a fine for the violation, that the person held a valid commercial learner's permit or commercial driver license on the date the citation was issued, is not guilty of a serious traffic violation;

(m)    Driving a commercial motor vehicle without the proper class of commercial learner's permit, commercial driver license, or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported in violation of § 32-12A-6; or

(n)    Violating a federal, state, or local law or rule prohibiting texting while driving a commercial motor vehicle;

(o)    Utilizing a hand-held mobile telephone while driving a commercial motor vehicle;

(32)    "State," a state of the United States and the District of Columbia;

(33)    "United States," the fifty states and the District of Columbia.

Source: SL 1989, ch 267, § 1; SL 1992, ch 220, §§ 3-5; SL 1993, ch 231; SL 1994, ch 254, § 1; SL 1996, ch 201, § 1(21); SDCL § 32-12-77; SL 2001, ch 171, §§ 71, 115; SL 2004, ch 17, § 134; SL 2005, ch 167, § 6, eff. Sept. 30, 2005; SL 2007, ch 182, § 1; SL 2010, ch 161, § 1; SL 2011, ch 144, § 1; SL 2013, ch 144, § 1; SL 2014, ch 149, § 1; SL 2015, ch 168, § 1.

32-12A-2. Construction of this chapter with general driver licensing provisions.

To the extent that this chapter conflicts with the general driver licensing provisions of chapter 32-12, chapter 32-12A prevails. Where this chapter is silent, the general driver licensing provisions of chapter 32-12 apply.

Source: SL 1989, ch 267, § 1A; SDCL § 32-12-78; SL 2001, ch 171, §§ 72, 115; SL 2015, ch 168, § 2.

32-12A-3. Drivers of commercial vehicles limited to one license.

No person who drives a commercial motor vehicle may have more than one operator's license. A violation of this section is a Class 2 misdemeanor.

Source: SL 1989, ch 267, § 2; SDCL § 32-12-79; SL 2001, ch 171, §§ 73, 115; SL 2002, ch 156, § 4.

32-12A-4. Holder of commercial learner's permit or driver license to notify department and employer of conviction for violation of motor vehicle traffic law--Prior employment history to be furnished employer.

Any driver holding a commercial learner's permit or commercial driver license issued by the state, who is convicted of violating any state law or local ordinance of any other state, or federal, provincial, territorial, or municipal law of Canada, relating to motor vehicle traffic control other than parking violations, shall notify the department in the manner specified by the department within thirty days of the date of conviction.

Any driver holding a commercial learner's permit or commercial driver license issued by the state, who is convicted of violating any state law or local ordinance of any other state, or federal, provincial, territorial, or municipal law of Canada, relating to motor vehicle traffic control other than parking violations, shall notify that person's employer in writing of the conviction within thirty days of the date of conviction.

Any driver whose commercial learner's permit or commercial driver license is suspended, revoked, or cancelled by any state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out-of-service order, shall notify that person's employer of such fact before the end of the business day following the day the driver received notice of that fact.

Any person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:

(1)    A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(2)    The dates between which the applicant drove for each employer; and

(3)    The reason for leaving each employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.

Source: SL 1989, ch 267, § 3; SDCL § 32-12-80; SL 2001, ch 171, §§ 74, 115; SL 2015, ch 168, § 3.

32-12A-5. Information required by employer--Operation of commercial motor vehicle prohibited under certain conditions.

Each employer shall require the applicant to provide the information specified in § 32-12A-4. No employer may knowingly allow a driver to operate a commercial motor vehicle:

(1)    During any period in which the driver has had an operator's license suspended, revoked, or cancelled by any state, has lost the right to operate a commercial motor vehicle in any state, is currently disqualified from driving a commercial vehicle, or subject to an out-of-service order in any state;

(2)    During any period in which the driver has more than one operator's license;

(3)    During any period in which the employee, or the motor vehicle the employee is driving, or the motor carrier operation, is subject to an out-of-service order;

(4)    In violation of any federal, state, or local law or regulation pertaining to railroad-highway grade crossings;

(5)    If the driver does not have a current commercial learner's permit or commercial driver license;

(6)    If the driver does not have a current commercial learner's permit or commercial driver license with the proper class or endorsement; or

(7)    The driver is operating a commercial motor vehicle in violation of a restriction on the driver's commercial learner's permit or commercial driver license.

Source: SL 1989, ch 267, § 4; SL 1996, ch 201, § 8; SDCL § 32-12-81; SL 2001, ch 171, §§ 75, 115; SL 2002, ch 156, § 5; SL 2015, ch 168, § 4.

32-12A-5.1. Proceeding against employer by state's attorney.

The state's attorney for the county in which a violation of subdivision 32-12A-5(4) occurs shall commence a civil in rem proceeding of not more than nineteen thousand three hundred eighty-nine dollars against the employer.

Source: SL 2002, ch 156, § 6; SL 2023, ch 103, § 1.

32-12A-6. Possession of commercial driver license or learner's permit required for vehicle operation--Violation as misdemeanor.

No person may drive a commercial motor vehicle on the highways of this state unless the person holds and has in immediate possession a commercial learner's permit or commercial driver license with applicable endorsements valid for the vehicle the person is driving. A violation of this section is a Class 2 misdemeanor.

Source: SL 1989, ch 267, § 5; SL 1997, ch 190, § 1; SDCL § 32-12-82; SL 2001, ch 171, §§ 76, 115; SL 2015, ch 168, § 5.

32-12A-7. Qualifications of commercial motor vehicle drivers.

Each commercial motor vehicle driver shall meet the minimum standards and qualifications established under this chapter and in accordance with 49 C.F.R. subpart 383.23 as amended through January 1, 2015. Each commercial motor vehicle driver shall obtain a commercial learner's permit or commercial driver license.

Source: SL 1989, ch 267, § 5A; SL 1990, ch 252, § 1; SDCL § 32-12-83; SL 2001, ch 171, §§ 77, 115; SL 2004, ch 213, § 1; SL 2005, ch 167, § 7, eff. Sept. 30, 2005; SL 2007, ch 182, § 2; SL 2010, ch 161, § 2; SL 2011, ch 144, § 2; SL 2015, ch 168, § 6.

32-12A-7.1. Registration with Selective Service a condition for obtaining learner's permit or driver license.

No male United States citizen or immigrant who is at least eighteen years of age but less than twenty-six years of age and who is required to register with the United States Selective Service System may apply for or be issued a commercial learner's permit, commercial driver license, renewal, or duplicate pursuant to this chapter unless the applicant is registered, or consents to be registered as provided in this section, in compliance with the Military Selective Service Act, 50 U.S.C. App. 453, as amended to January 1, 2002.

The Department of Public Safety shall forward in an electronic format the necessary personal information required for registration of any applicant identified in this section to the United States Selective Service System. The applicant's submission of the application indicates that the applicant has already registered with the Selective Service System or that the applicant is authorizing the department to forward to the Selective Service System the necessary information for the registration. The department shall notify the applicant on the application that the submission of the application serves as the applicant's consent to be registered with the Selective Service System if so required by federal law.

Source: SL 2002, ch 155, § 2; SL 2004, ch 17, § 135; SL 2015, ch 168, § 7.

32-12A-8. Operation of commercial vehicle while driver license suspended, revoked, etc., prohibited--Violation as misdemeanor.

No person may drive a commercial motor vehicle on the highways of this state while that person's operator's license or privilege to drive a commercial motor vehicle is suspended, revoked, cancelled, or while subject to a disqualification. A violation of this section is a Class 1 misdemeanor.

Source: SL 1989, ch 267, § 6; SL 1994, ch 255, § 1; SDCL 32-12-84; SL 2001, ch 171, §§ 78, 115; SL 2001, ch 175, § 1; SL 2005, ch 167, § 8.

32-12A-8.1. Driving while subject to out-of-service order prohibited--Violation as misdemeanor.

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. The court shall order any person convicted for a violation of this section to remit to the clerk of courts the civil penalty described in § 32-12A-56 or 32-12A-57, as applicable.

Source: SL 2005, ch 167, § 9; SL 2022, ch 95, § 1; SL 2023, ch 103, § 2.

32-12A-8.2. Out-of-service order for motor carrier operation--Violation--Misdemeanor.

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.

Source: SL 2022, ch 95, § 2.

32-12A-9. Operators exempt from provisions of chapter.

The following are exempt from the provisions of this chapter:

(1)    Operators involved in farm to market transportation movements, at least sixteen years of age holding a valid operator's license, limited to those operators of a farm vehicle:

(a)    Controlled and operated by a farmer;

(b)    Used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; and

(c)    Not used in the operations of a common or contract motor carrier;

(2)    Operators of emergency fire fighting equipment necessary to the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions that are not subject to normal traffic regulation, or nonemergency conditions when operated by members of a fire fighting agency;

(3)    Operators of commercial motor vehicles for military purposes including:

(a)    Active duty military personnel;

(b)    Members of the military reserves;

(c)    Members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms); and

(d)    Active duty U.S. Coast Guard personnel;

(4)    Operators of recreational vehicles;

(5)    Operators of rental transporting equipment used as personal family use vehicles; and

(6)    Operators of a covered farm vehicle as defined in 49 CFR 390.5 as of January 1, 2015.

United States reserve technicians are not exempt under the provisions of subdivision (3) of this section.

Source: SL 1989, ch 267, § 7; SL 1995, ch 180; SDCL § 32-12-85; SL 2001, ch 171, §§ 79, 115; SL 2004, ch 213, § 2; SL 2005, ch 167, § 10, eff. Sept. 30, 2005; SL 2007, ch 182, § 3; SL 2015, ch 168, § 8.

32-12A-10. Adoption of rules regarding farm exemption of 32-12A-9.

The department may adopt rules pursuant to chapter 1-26 to establish the maximum number of miles from a person's farm that the exemption provided by subdivision 32-12A-9(1) shall apply.

Source: SL 1989, ch 267, § 7A; SDCL § 32-12-86; SL 2001, ch 171, § 115.

32-12A-11. Knowledge and skills tests required--Waiver--Restrictions--Violation as misdemeanor.

No person may be issued a commercial learner's permit unless that person is a resident of this state and has passed the required knowledge test. No person may be issued a commercial driver license unless that person is a resident of this state, has received driver training from a provider listed on the Training Provider Registry established by the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. Part 380, Subpart G, as of September 30, 2019, has passed a knowledge and skills test for driving a commercial motor vehicle that complies with the minimum federal standards established by federal regulation enumerated in 49 C.F.R. Part 383, Subparts G and H, as of September 30, 2019, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department.

The department may authorize a person, an employer, a private driver training facility, other private institution, a department, agency, or instrumentality of local government, of this state or another state, to administer the skills test specified by this section, if:

(1)    The test is the same which would otherwise be administered by the department;

(2)    The third party has entered into an agreement with the department that complies with requirements of 49 C.F.R. Part 383.75 as of September 30, 2019. Failure to comply with the agreement may result in termination of the agreement; and

(3)    The third party, prior to administering the skills test to any person, verifies the person has completed the driver training specified in this section.

The department may waive the knowledge and skills tests specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. Part 383.77 as of September 30, 2019.

No commercial learner's permit or commercial driver license may be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's operator's license or driving privilege is suspended, revoked, or cancelled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license, noncommercial driver license, noncommercial instruction permit or commercial learner's permit issued by any other state unless the person first surrenders all such licenses or permits. The department shall destroy any license or permit surrendered under this section. The issuing jurisdiction shall be notified that the licensee has applied for a commercial learner's permit or commercial driver license in a new jurisdiction. A violation of this provision is a Class 2 misdemeanor.

Source: SL 1989, ch 267, § 8; SDCL § 32-12-87; SL 2001, ch 171, §§ 80, 115; SL 2004, ch 213, § 3; SL 2005, ch 167, § 11, eff. Sept. 30, 2005; SL 2007, ch 182, § 4; SL 2010, ch 161, § 3; SL 2011, ch 144, § 3; SL 2015, ch 168, § 9; SL 2021, ch 135, § 1.

32-12A-12. Issuance of commercial learner's permit--Renewal--Restrictions on vehicle operation.

A commercial learner's permit may be issued to a person eighteen years of age who holds a valid operator's license.

No commercial learner's permit may be issued for a period to exceed one year. No commercial learner's permit may be renewed without the holder having to retake each general and endorsement knowledge test. A score for a successfully completed segment of the skills test is only valid during initial issuance of the commercial learner's permit. If the permit is renewed, the person shall retake each segment of the skills test. A commercial learner's permit holder is not eligible to take the skills test in the first fourteen days after initial issuance of the permit.

The holder of a commercial learner's permit may, unless otherwise disqualified, drive a commercial motor vehicle only if accompanied by the holder of a commercial driver license with the proper class and endorsements necessary to operate the commercial motor vehicle, who is twenty-one years of age, and is at all times physically present in the front seat of the vehicle next to the permit holder or if in a passenger vehicle directly behind the driver, and at all times has the permit holder under observation and direct supervision for the purpose of giving instruction in driving the commercial motor vehicle.

Source: SL 1989, ch 267, § 8A; SL 1994, ch 254, § 4; SL 1994, ch 256, § 1; SDCL § 32-12-88; SL 2001, ch 171, §§ 81, 115; SL 2015, ch 168, § 10; SL 2021, ch 136, § 1.

32-12A-12.1. Passenger, school bus, and tanker endorsements on commercial learner's permits.

A commercial learner's permit holder is not eligible to take the skills test in the first fourteen days after initial issuance of the permit. A commercial learner's permit may only be issued with passenger, school bus, or tanker endorsements. No other commercial endorsement is allowed on a commercial learner's permit. A commercial learner's permit holder with a passenger (P) or school bus (S) endorsement shall have a restriction for no passengers (P) in a commercial motor vehicle. No commercial learner's permit holder may operate a commercial motor vehicle carrying passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. A commercial learner's permit holder with a tank vehicle (N) endorsement shall have a no cargo restriction (X) in a commercial motor vehicle tank vehicle. A commercial learner's permit holder may only operate an empty tank vehicle and may not operate any tank vehicle that previously contained hazardous materials that has not been purged of any residue.

Source: SL 2015, ch 168, § 11.

32-12A-13. Nondomiciled commercial learner's permit or commercial driver license.

The department may issue a nondomiciled commercial learner's permit or commercial driver license to:

(1)    A person who is domiciled in a foreign jurisdiction whose commercial motor vehicle testing and licensing standards, as determined by the administrator of the Federal Motor Carrier Safety Administration, do not meet the testing standards established in 49 C.F.R. Part 383 as amended through January 1, 2015;

(2)    A person who is domiciled in a state whose commercial driver licensing program has been decertified by the administrator of the Federal Motor Carrier Safety Administration.

The word, nondomiciled, shall appear on the face of the nondomiciled commercial learner's permit or commercial driver license. An applicant shall surrender any nondomiciled commercial learner's permit or commercial driver license issued by another state. The holder of a nondomiciled commercial learner's permit or commercial driver license is subject to the same disqualifications and conditions applicable to a commercial learner's permit or commercial driver license issued to a person domiciled in this state.

A nondomiciled commercial learner's permit or commercial driver license issued pursuant to subdivision (1) of this section may be renewed only upon presentation of valid documentary evidence that the applicant is authorized to stay in the United States. The department may renew a nondomiciled commercial driver license without a skills or knowledge test if the license has been expired for a period less than one year.

Source: SL 1989, ch 267, § 9; SDCL § 32-12-89; SL 2001, ch 171, §§ 82, 115; SL 2005, ch 167, § 12, eff. Sept. 30, 2005; SL 2007, ch 182, § 5; SL 2010, ch 161, § 4; SL 2010, ch 162, § 1; SL 2011, ch 144, § 4; SL 2015, ch 168, § 12.

32-12A-14. Requirements of application.

The application for a commercial learner's permit or commercial driver license, shall include the following:

(1)    The full legal name and current mailing and residential address of the applicant;

(2)    A physical description of the applicant including sex, height, weight, and eye color;

(3)    Date of birth;

(4)    The applicant's social security number;

(5)    The applicant's signature;

(6)    The applicant's color photograph;

(7)    Certifications including those required by 49 C.F.R. Part 383.71(a) as amended through January 1, 2015;

(8)    A consent to release driving record information; and

(9)    The names of each state where the applicant has previously been licensed to drive any type of motor vehicle during the ten-year period immediately preceding the date of the application.

Source: SL 1989, ch 267, § 10; SDCL § 32-12-90; SL 2001, ch 171, §§ 83, 115; SL 2005, ch 167, § 13, eff. Sept. 30, 2005; SL 2007, ch 182, § 6; SL 2010, ch 161, § 5; SL 2011, ch 144, § 5; SL 2015, ch 168, § 13.

32-12A-14.1. Documents with applicant's name and residence address to be presented with application.

Any applicant under the provisions of this chapter shall, on making application for a commercial learner's permit or commercial driver license, present to the examiner at least two documents containing the applicant's name and address of principal residence as defined in § 32-12-1 in order to establish the applicant's address of principal residence.

Source: SL 2009, ch 154, § 12, eff. Dec. 31, 2009; SL 2015, ch 168, § 14.

32-12A-14.2. Applicants permitted three attempts to pass license examination.

Any application under this chapter shall be accompanied by the proper fee. Payment of the fee entitles the applicant to not more than three attempts to pass the commercial driver license examination within a period of six months from the date of application. Any application for a commercial driver license shall be made on a form furnished by the department.

Source: SL 2018, ch 192, § 1.

32-12A-15. Commercial driver license fee--Additional fees.

The application fee for a commercial driver license is thirty-three dollars. For each commercial driver license endorsement knowledge test administered, the fee is fifteen dollars. The fee for a duplicate license, a name change, or an address change is fifteen dollars. The fee shall be credited to the state motor vehicle fund.

Source: SL 2001, ch 171, § 109; SL 2009, ch 152, § 3; SL 2015, ch 167, § 3.

32-12A-16. Issuance of duplicate license.

If the holder of a commercial driver license changes that person's name, mailing address, or residential address, application for a duplicate license shall be made.

Source: SL 1989, ch 267, § 11; SDCL § 32-12-91; SL 2001, ch 171, §§ 84, 115.

32-12A-17. Restriction on operation under learner's permit or driver license issued by another jurisdiction.

No person who has been a resident of this state for thirty days may drive a commercial motor vehicle under the authority of a commercial learner's permit or commercial driver license issued by another jurisdiction.

Source: SL 1989, ch 267, § 12; SDCL § 32-12-92; SL 2001, ch 171, §§ 85, 115; SL 2015, ch 168, § 15.

32-12A-18. Disqualification of commercial driving privileges for use of false information.

If any person knowingly falsifies information or certifications required by this chapter, the department shall disqualify that person's commercial driving privileges for a period of at least sixty consecutive days.

Source: SL 1989, ch 267, § 13; SDCL § 32-12-93; SL 2001, ch 171, §§ 86, 115; SL 2005, ch 167, § 14.