CHAPTER 32-22
WEIGHT, SIZE AND LOAD RESTRICTIONS
32-22-1 32-22-1. Repealed by SL 1984, ch 230, § 1.
32-22-2 Movement of load or wide farm machinery during darkness as misdemeanor.
32-22-3 Maximum width of vehicle and load--Violation as misdemeanor--Farm machinery and recreation vehicle exceptions.
32-22-3.1 32-22-3.1. Repealed by SL 1983, ch 246, § 2.
32-22-3.2 Operation of farm implement exceeding width limitations--Restricted hours--Warning lights.
32-22-4 32-22-4. Repealed by SL 1984, ch 230, § 4.
32-22-5 Maximum length of vehicle--Violation as misdemeanor.
32-22-6 Flagging or lighting extended loads--Violations as misdemeanors.
32-22-7 32-22-7. Repealed by SL 1984, ch 230, § 7.
32-22-8 32-22-8. Repealed by SL 1989, ch 264, § 17.
32-22-8.1 Length limitations on trailers, semitrailers, and auto and boat transporters--Violation as misdemeanor.
32-22-8.2 Local regulation restricted--Access permits.
32-22-8.3 Issuance of trip permits unaffected.
32-22-8.4 Length limitations on stinger-steered automobile transports.
32-22-9 Combination of vehicles of more than two units--Violation as misdemeanor.
32-22-10 Requirements for combination vehicles.
32-22-10.1 32-22-10.1. Repealed by SL 1982, ch 243, § 3.
32-22-11 Saddlemount combinations--Compliance with federal requirements--Maximum dimensions--Violation as misdemeanor.
32-22-11.1 Saddlemount combinations with fullmount--Compliance with federal requirements--Maximum dimensions--Violation as misdemeanor.
32-22-12 32-22-12. Repealed by SL 1984, ch 230, § 15.
32-22-12.1 Certain combination exempt--Specifications--Violation as misdemeanor--Rules.
32-22-12.2 Exception for combination of towing motor vehicle or farm tractor and two anhydrous ammonia fertilizer tanks.
32-22-12.3 Exception for combination of towing motor vehicle and two implements of husbandry operated by/for farm implement dealer.
32-22-12.4 Combination of towing vehicle and trailers or semitrailers transporting light or medium duty trailers for commercial delivery.
32-22-13 32-22-13. Repealed by SL 1980, ch 227, § 1.
32-22-14 Maximum height of vehicles--Exceptions--Violation as misdemeanor.
32-22-14.1 Exemption of vehicles used to transport farm commodities or implements.
32-22-15 32-22-15. Repealed by SL 1980, ch 227, § 2.
32-22-16 Maximum weight of vehicle or combination of vehicles--Axles--Misdemeanor.
32-22-16.1 Formula for weight on group of consecutive axles.
32-22-16.2 Application of maximum axle or tire weight limits to vehicle hauling logs--Exception.
32-22-16.3 Limited exemption for certain vehicles hauling agricultural products or livestock from a farm--Violation as misdemeanor.
32-22-17 32-22-17, 32-22-17.1. Repealed by SL 1980, ch 226, §§ 4, 5.
32-22-18 32-22-18. Repealed by SL 1980, ch 226, § 8.
32-22-19 Combination vehicles deemed single for weight purposes.
32-22-20 32-22-20. Repealed by SL 1980, ch 226, § 10.
32-22-21 Maximum weight per tire and on any axle or combination of axles--Violation as misdemeanor.
32-22-21.1 Single trip permits to move to scale site.
32-22-21.2 Highways to which maximum weight limit applies.
32-22-22 Tire width defined.
32-22-23 32-22-23. Repealed by SL 1984, ch 230, § 20.
32-22-24 Reduced load maximums from February fifteenth to April thirtieth--Extension of period--Changing restrictions--Overweight permits--Violation as misdemeanor.
32-22-25 Reduced weight maximums on specific roads--Notice--Exceeding weight limit as misdemeanor.
32-22-26 32-22-26. Repealed by SL 1984, ch 230, § 23.
32-22-27 Solid or cushion rubber tires--Maximum weight per inch width of tire--Violation as misdemeanor.
32-22-28 Metal wheeled vehicles--Maximum weight--Violation as misdemeanor.
32-22-29 Track vehicles excepted.
32-22-30 32-22-30. Repealed by SL 1984, ch 230, § 26.
32-22-30.1 Construction vehicles and equipment--Operation on highway projects.
32-22-30.2 32-22-30.2 to 32-22-30.6. Repealed by SL 1984, ch 230, §§ 27 to 31.
32-22-31 32-22-31. Repealed by SL 1980, ch 227, § 3.
32-22-31.1 Highway construction vehicles--Inspection of scale tickets for compliance with weight limitations--Reporting offenders.
32-22-31.2 Highway construction vehicles on contract to county, township or municipality--Inspection of scale tickets for compliance with weight limitations--Reporting offenders.
32-22-31.3 Review of county overweight vehicle enforcement programs--Factors considered--Certification of unsatisfactory programs--Prior specification of deficiencies--Withholding funds.
32-22-32 Special fastenings for vehicles transporting objects over particular length--Exception--Violation as misdemeanor.
32-22-33 Designation of certain highways for increased maximum loads permitted under federal regulations.
32-22-34 32-22-34 to 32-22-37. Repealed by SL 2010, ch 145, §§ 181 to 184.
32-22-38 Single trip permit for moving building or other oversize load--Carrying and inspection of permit.
32-22-38.1 32-22-38.1. Repealed by SL 1983, ch 241, § 3.
32-22-39 Books of single trip permits--Payment of fee--Designation of routes.
32-22-40 Annual or single trip permits by local subdivisions.
32-22-41 Oversize permits--Duration--Rules.
32-22-42 Rules governing issuance of overweight and oversize permits--Fees.
32-22-42.1 32-22-42.1. Repealed by SL 1983, ch 247, § 1.
32-22-42.2 Extra weight allowance for vehicles hauling from harvesting combine to point of first unloading--Maximum distance--Fine--Violation as misdemeanor.
32-22-42.3 Livestock hauler exemption.
32-22-42.4 32-22-42.4. Repealed by SL 1993, ch 235, § 1.
32-22-42.5 32-22-42.5. Repealed by SL 1989, ch 264, § 20.
32-22-42.6 32-22-42.6. Repealed by SL 1993, ch 235, § 2.
32-22-42.7 32-22-42.7. Repealed by SL 1989, ch 264, § 21.
32-22-42.8 32-22-42.8. Repealed by SL 1993, ch 235, § 3.
32-22-42.9 Haystack movers--Enforcement actions for minor weight violation prohibited--Fine on excess only.
32-22-42.10 Solid waste hauling vehicle weight restrictions--Fine on excess only--Violation as misdemeanor.
32-22-42.11 Municipal sludge vehicles--Permit for oversize and overweight--Tires--Speed limit--Violation as misdemeanor.
32-22-42.12 Certain vehicles hauling from point of harvest--Exemption.
32-22-42.13 Single trip permit.
32-22-42.14 Rules authorizing operation of triple trailer combinations under single trip permit.
32-22-42.15 Last trailer marked long load.
32-22-42.16 Vehicles moving hay grinding equipment--Restrictions--Warning lights required--Permit fee.
32-22-43 Liability for damages not affected by issuance of permit.
32-22-44 32-22-44, 32-22-45. Repealed by SL 1987, ch 224, §§ 2, 3.
32-22-46 Emergency movement of national defense vehicles.
32-22-46.1 32-22-46.1. Repealed by SL 1981, ch 241, § 6.
32-22-47 Maximum vehicle weight on bridges--Required and permissible signs--Exception.
32-22-48 Damages for crossing bridge with overweight vehicle--Misdemeanor.
32-22-49 Person and vehicle defined.
32-22-50 Authority to weigh vehicle--Requiring vehicle to be driven to scales.
32-22-51 Removal of overweight portion of load--Risk of loss of unloaded cargo.
32-22-51.1 32-22-51.1. Repealed by SL 1984, ch 230, § 42.
32-22-51.2 Livestock not to be unloaded from overweight vehicle--Special permit--Other enforcement action.
32-22-52 Operation of oversize or overweight vehicle as misdemeanor.
32-22-53 32-22-53. Repealed by SL 1978, ch 158, § 48.
32-22-54 Cancellation of license plates on fourth overweight conviction--Period before reissuance.
32-22-55 Schedule of penalties for operation of overweight vehicle.
32-22-56 32-22-56. Repealed by SL 2002, ch 159, § 2.
32-22-57 Lift axle control requirements--Permits--Violation as misdemeanor.
32-22-57.1 Vehicle equipped with variable load axle to be equipped with pressure control device--Exception--Violation as misdemeanor.
32-22-57.2 Specification of size and load carrying capacity of variable load axles.
32-22-58 32-22-58. Repealed by SL 1986, ch 263, § 3.
32-22-59 Restrictions on size, weight or class.
32-22-60 Size and load restrictions--Notice--Violation as misdemeanor.
32-22-61 Authority to promulgate rules governing hitches used to transport farm implements from manufacturer.
32-22-62 Exemption of tow trucks or wreckers under certain conditions.
32-22-63 Electronic copy of permit.
32-22-2. Movement of load or wide farm machinery during darkness as misdemeanor.
It is a Class 2 misdemeanor for any person to operate or move, or cause to be operated or moved, upon any public highway on the state trunk system, any load, including farm machinery or implements of husbandry, which exceed the width limitations prescribed by § 32-22-3 during the period of day between one-half hour after sunset and one-half hour before sunrise on the following day.
Source: SL 1949, ch 39; SDC Supp 1960, § 44.0336-1; SL 1978, ch 158, § 45; SL 1984, ch 230, § 2; SL 1987, ch 234, § 1; SL 1991, ch 258, § 1.
32-22-3. Maximum width of vehicle and load--Violation as misdemeanor--Farm machinery and recreation vehicle exceptions.
Except for self-propelled or towed farm machinery operated pursuant to § 32-22-3.2 or a recreation vehicle, no motor vehicle may operate upon a public highway if the width, measured at the widest points, either of the vehicle or the load, exceeds one hundred two inches, excluding any required safety equipment. A violation of this section is a Class 2 misdemeanor. The farm machinery exception provided by this section does not apply to farm machinery being transported or delivered by an equipment dealer or manufacturer. The recreation vehicle exception provided by this section applies to excess width which is attributable to an appurtenance, excluding required safety equipment, which does not exceed six inches beyond either sidewall of the vehicle. For the purposes of this section, an appurtenance is an integral part of a vehicle and includes awnings, grab handles, lighting equipment, cameras, and vents. No appurtenance may be used as a load carrying device.
Source: SDC 1939, § 44.0336 (1); SL 1947, ch 192; SL 1953, ch 233; SL 1961, ch 227; SL 1978, ch 235; SL 1979, ch 226, § 1; SL 1983, ch 246, § 1; SL 1983, ch 335, § 17; SL 1984, ch 230, § 3; SL 1991, ch 258, § 2; SL 2005, ch 169, § 1.
32-22-3.2. Operation of farm implement exceeding width limitations--Restricted hours--Warning lights.
Any farm implement exceeding the width limitations prescribed by § 32-22-3 may be operated during the period of day between one-half hour after sunset and one-half hour before sunrise on the following day on any road not specified in § 32-22-2, if the equipment has flashing or rotating white or amber warning lights placed at each side of the equipment's widest extremity. The warning lights shall be clearly visible to motorists approaching from front and rear.
Source: SL 1991, ch 258, § 3; SL 1995, ch 182, § 2.
32-22-5. Maximum length of vehicle--Violation as misdemeanor.
No motor vehicle may be operated upon a public highway if it has an overall length, inclusive of front and rear bumpers, in excess of forty-five feet. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (2); SL 1943, ch 158, § 1; SL 1947, ch 192; SL 1957, ch 222; SDC Supp 1960, § 44.0336 (2) (a); SL 1981, ch 244, § 1; SL 1984, ch 230, § 5; SL 2005, ch 169, § 2.
32-22-6. Flagging or lighting extended loads--Violations as misdemeanors.
During daylight hours if the load on any vehicle extends more than four feet beyond the rear of the bed or body thereof, there shall be displayed at the end of the load in a position which is clearly visible at all times from the rear of the load a red flag not less than twelve inches both in length and width. A violation of this flagging requirement is a Class 2 misdemeanor. During the time period one-half hour after sunset and one-half hour before sunrise there shall be displayed at the end of the load a red light plainly visible under normal atmospheric conditions at least two hundred feet from the rear of the vehicle. A violation of this lighting requirement is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0340; SL 1957, ch 224; SL 1984, ch 230, § 6.
32-22-8.1. Length limitations on trailers, semitrailers, and auto and boat transporters--Violation as misdemeanor.
Unless otherwise signed, any motor vehicle may travel upon any segment of the national system of interstate and defense highways and the state trunk highway system if the vehicle is operated within the following length limitation:
(1) Fifty-three feet on the length of the semitrailer unit operating in a truck tractor-semitrailer combination;
(2) Twenty-eight and one-half feet on each trailer unit operating in a road tractor-trailer-trailer combination if the towbars do not exceed nineteen feet and the overall length of the trailer-trailer unit including towbars does not exceed eighty feet;
(3) Eighty feet on the overall length of a straight truck-trailer combination, provided that, if the towbar between the straight truck and trailer exceeds nineteen feet, the towbar is flagged during daylight hours and lighted at night; or
(4) The maximum length of a semitrailer-semitrailer or semitrailer-trailer combination, excluding the length of the truck-tractor, is eighty-one and one-half feet provided the maximum length of either unit does not exceed forty-five feet. If the towbar length exceeds nineteen feet, the towbar shall be flagged during daylight hours and lighted at night. The weight of the second unit may not exceed the weight of the first unit by more than three thousand pounds.
No other length limitation may be imposed on the vehicles described in this section. Length limitations are exclusive of load overhang, retractable extensions used to support overhanging load and safety and energy conservation devices, including but not limited to mirrors, turn signal lamps, hand holds, flexible fender extensions, and mud flaps. Load overhang and retractable extensions on any vehicle may not extend more than four feet beyond the rear bumper, bed, or body nor more than three feet beyond the front bumper, bed, or body of the vehicle carried thereon. Retractable extensions shall be retracted if not being used to support overhanging load. If a vehicle exceeds the length limitations of this section, the driver of the vehicle is guilty of a Class 2 misdemeanor.
Source: SL 1983, ch 246, § 4; SL 1984, ch 230, § 9; SL 1985, ch 258; SL 1986, ch 261; SL 1987, ch 210, § 23; SL 1989, ch 264, § 17; SL 1990, ch 257, § 3; SL 1998, ch 190, § 1.
32-22-8.2. Local regulation restricted--Access permits.
No local unit of government may deny commercial motor vehicle combinations described in § 32-22-8.1 or motor vehicles operating under a special permit access to the interstate system or state trunk system highways from established truck terminals, loading docks, or maintenance facilities.
The Division of Highway Patrol may grant access permits to drivers of motor vehicles described in § 32-22-8.1 or motor vehicles operating under a special permit to any established truck terminal, loading dock, or maintenance facility. The access permit shall state the highway or street to be traveled upon and shall be available at all permit locations in the state.
Source: SL 1983, ch 246, § 5; SL 1984, ch 230, § 10; SL 1987, ch 234, § 2; SL 1992, ch 372, § 17.
32-22-8.3. Issuance of trip permits unaffected.
The authority of the Division of Highway Patrol to issue permits for oversize motor vehicles is not affected by the length restrictions in § 32-22-8.1.
Source: SL 1983, ch 246, § 6; SL 1984, ch 230, § 11; SL 1987, ch 234, § 3; SL 1992, ch 372, § 17.
32-22-8.4. Length limitations on stinger-steered automobile transports.
Notwithstanding the length restrictions in § 32-22-8.1, a stinger-steered automobile transport may not extend more than four feet beyond the front bumper, bed, or body of the vehicle or six feet beyond the rear bumper, bed, or body of the vehicle.
Source: SL 2017, ch 142, § 2.
32-22-9. Combination of vehicles of more than two units--Violation as misdemeanor.
Except as provided by §§ 32-19-8, 32-22-8.1, 32-22-10, 32-22-11, 32-22-12.1, and 32-22-12.2, any combination of vehicles consisting of more than two units, including a truck, tractor, or towing vehicle, may not operate on a public highway. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (2) (d) as added by SL 1947, ch 192; SL 1955, ch 173; SL 1959, ch 260, § 1; SL 1963, ch 258, § 2; SL 1964, ch 124; SL 1981, ch 245, § 1; SL 1982, ch 243, § 1; SL 1982, ch 244, § 1; SL 1984, ch 230, § 12; SL 1989, ch 264, § 17; SL 1997, ch 193, § 2.
32-22-10. Requirements for combination vehicles.
Combinations of vehicles of not more than three units may be operated upon a public highway if the combinations consist of truck tractor--semitrailer--semitrailer converted to full trailer by use of a dolly equipped with fifth wheel which is considered a part of the trailer for all purposes and not as a separate unit; truck tractor--semitrailer--full trailer; or truck tractor--semitrailer--semitrailer. If a combination consists of more than two units, the rear unit of the combination shall have breakaway brakes.
Source: SDC 1939, § 44.0336 (2) (d) as added by SL 1959, ch 260, § 1; SL 1981, ch 245, § 2; SL 1982, ch 243, § 2; SL 1983, ch 335, § 19; SL 1984, ch 230, § 13; SL 1989, ch 272, § 1.
32-22-11. Saddlemount combinations--Compliance with federal requirements--Maximum dimensions--Violation as misdemeanor.
A motor carrier may transport automobiles and trucks in the method of double saddlemount or triple saddlemount if the carrier complies with the United States Department of Transportation motor carrier safety regulations regarding double and triple saddlemount as adopted by § 49-28A-3. No combination of motor vehicles permitted by this section may exceed seventy-five feet in length, nor exceed the width, height, or gross weight limitations fixed by statute. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (2) (d) as added by SL 1955, ch 173; SL 1959, ch 260, § 1; SL 1963, ch 258, § 2; SL 1964, ch 124; SL 1971, ch 189; SL 1977, ch 249, § 56; SL 1978, ch 158, § 46; SL 1978, ch 224, § 10; SL 1984, ch 230, § 14; SL 1987, ch 234, § 4; SL 1990, ch 257, § 1; SL 2006, ch 167, § 1.
32-22-11.1. Saddlemount combinations with fullmount--Compliance with federal requirements--Maximum dimensions--Violation as misdemeanor.
A combination of vehicles consisting of a double or triple saddlemount with fullmount, as defined in 23 C.F.R. 658.5 as of January 1, 2006, may be operated upon the highways of this state if the carrier complies with the United States Department of Transportation motor carrier safety regulations regarding double and triple saddlemount as adopted by § 49-28A-3. No combination of motor vehicles permitted by this section may exceed ninety-seven feet in length, nor exceed the width, height, or gross weight limitations fixed by statute. A violation of this section is a Class 2 misdemeanor.
Source: SL 2006, ch 167, § 2.
32-22-12.1. Certain combination exempt--Specifications--Violation as misdemeanor--Rules.
The provisions of §§ 32-22-9 to 32-22-11, inclusive, do not apply to a combination of vehicles consisting of a towing motor vehicle and two trailers which conform to the specifications contained in this section. In such a combination, the first trailer shall be connected to the towing vehicle by a ball hitch, a gooseneck hitch, pintle hitch or a fifth wheel hitch. The hitch connecting the second trailer to the first trailer shall be a ball type hitch, gooseneck hitch or a pintle hitch directly fastened to the frame of the first trailer. The second trailer may not exceed twenty-four feet in length and if the gross weight of the second trailer is greater than three thousand pounds, it shall be equipped with breakaway brakes. The maximum length of the vehicles in this combination may not exceed seventy-five feet. A violation of this section is a Class 2 misdemeanor.
The Transportation Commission may by rules adopted pursuant to chapter 1-26 prohibit or restrict the use of the combination of vehicles described in this section on any highway where such combination of vehicles would create a safety hazard.
Source: SL 1982, ch 244, §§ 2, 4; SL 1983, ch 243, § 3; SL 1984, ch 230, § 16; SL 1986, ch 262; SL 1987, ch 210, § 25; SL 1988, ch 261; SL 1989, ch 264, § 18; SL 1990, ch 258; SL 1998, ch 193, § 1.
32-22-12.2. Exception for combination of towing motor vehicle or farm tractor and two anhydrous ammonia fertilizer tanks.
The provisions of §§ 32-22-9 to 32-22-12.1, inclusive, do not apply to a combination of vehicles consisting of a towing motor vehicle or farm tractor and two anhydrous ammonia fertilizer tank trailers. The vehicles in such a combination may not exceed a total length of seventy feet, may travel on public highways only during daylight hours, may not travel in excess of twenty-five miles per hour on any public highway, and each trailer shall display a slow-moving vehicle sign. The towing motor vehicle in such a combination may not have less than an eleven thousand pound gross vehicle weight rating. A violation of this section is a Class 2 misdemeanor.
Source: SL 1997, ch 193, § 1; SL 1998, ch 191, § 1.
32-22-12.3. Exception for combination of towing motor vehicle and two implements of husbandry operated by/for farm implement dealer.
The provisions of §§ 32-22-9 to 32-22-12.1, inclusive, do not apply to any combination of vehicles consisting of a towing motor vehicle and two implements of husbandry which is being operated by or for a farm implement dealer. The operator of any such combination shall have in possession an oversize permit issued pursuant to § 32-22-42. In such a combination, the vehicles shall be connected to each other by a ball hitch, a pintle hitch, or a pin hitch. The maximum length of the vehicles in this combination may not exceed one hundred feet and neither implement may exceed forty-five feet in length. The combination may not be operated on the interstate highway system. The combination may travel on other public highways only during the hours of sunrise to sunset, may not travel in excess of twenty-five miles per hour, and the rearmost implement shall display red flags on the extremities. A violation of this section is a Class 2 misdemeanor.
Source: SL 1998, ch 192, § 1.
32-22-12.4. Combination of towing vehicle and trailers or semitrailers transporting light or medium duty trailers for commercial delivery.
Notwithstanding the length restrictions in § 32-22-12.1, a combination of vehicles consisting of a towing motor vehicle and two trailers or semitrailers transporting light duty and medium duty trailers constituting inventory property of a manufacturer, distributor, or dealer of such trailers for commercial delivery may not exceed eighty-two feet in length. The gross weight of the combination of vehicles may not exceed twenty-six thousand pounds. Neither the power unit nor the trailers or semitrailers may transport any additional property for delivery when used for this purpose.
Source: SL 2017, ch 142, § 3.
32-22-14. Maximum height of vehicles--Exceptions--Violation as misdemeanor.
Except for farm machinery and fire department equipment for which there is no maximum height limit and for trailers carrying baledfeed for which the maximum height limit is fifteen feet, no motor vehicle may operate upon a public highway if the maximum height of the vehicle, including the load on the vehicle, exceeds fourteen feet. Nothing in this section requires the public authorities to provide sufficient vertical clearance to permit the operation of such vehicles. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (5); SL 1947, ch 192; SDC Supp 1960, § 44.0336 (4); SL 1961, ch 229; SL 1984, ch 230, § 17; SL 1985, ch 261, § 2; SL 1989, ch 272, § 2; SL 2020, ch 122, § 1, eff. Feb. 26, 2020.
32-22-14.1. Exemption of vehicles used to transport farm commodities or implements.
A motor vehicle owned by a farmer used to transport his own farm commodities or farm implements is exempt from the size limitations prescribed pursuant to §§ 32-22-3 and 32-22-14, except for travel on the interstate highway system.
Source: SL 1979, ch 226, § 2; SL 1983, ch 242, § 2; SL 1984, ch 230, § 18.
32-22-16. Maximum weight of vehicle or combination of vehicles--Axles--Misdemeanor.
No motor vehicle or combination of vehicles operating on a public highway may have a weight:
(1) In excess of twenty thousand pounds on any one axle, or in excess of the tire weight per inch of tire width prescribed by § 32-22-21, including all enforcement tolerances;
(2) In excess of thirty-four thousand pounds on any tandem axle, or in excess of the tire weight per inch of tire width prescribed by § 32-22-21, including all enforcement tolerances; or
(3) In excess of the maximum weight on two or more consecutive axles as determined by the formula detailed in § 32-22-16.1, or in excess of the tire weight per inch of tire width prescribed by § 32-22-21. However, in no instance may the gross weight of any vehicle or combination of vehicles exceed eighty thousand pounds on the interstate highway.
Two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each provided the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (7); SL 1941, ch 188; SL 1943, ch 158, § 2; SL 1947, ch 192; SDC Supp 1960, § 44.0336 (6) (a) to (d); SL 1973, ch 213, §§ 1, 2; SL 1980, ch 226, §§ 1, 3; SL 1982, ch 245; SL 1983, ch 241, § 2; SL 1986, ch 263, § 1; SL 1996, ch 205, § 1.
32-22-16.1. Formula for weight on group of consecutive axles.
For the purposes of § 32-22-16 the maximum gross weight on a group of two or more consecutive axles allowable on a public highway shall be determined by the following formula:
W = 500 [LN/(N-1) + 12N + 36]
In applying the above formula, "W" equals the overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, "L" equals the distance measured longitudinally to the nearest foot from the foremost axles to the rearmost axle in a group of two or more consecutive axles, and "N" equals the number of axles in group under consideration.
Source: SL 1980, ch 226, § 2; SL 1985, ch 15, § 40.
32-22-16.2. Application of maximum axle or tire weight limits to vehicle hauling logs--Exception.
A motor vehicle hauling unfinished logs is not in violation of the maximum axle or tire weight limits set by § 32-22-16 or 32-22-21 if the total gross vehicle weight of the vehicle is within the maximum limits set by §§ 32-22-16 and 32-22-21 and the load is adjusted to the legal limits on axle and tire. This section does not apply to the interstate highway system.
Source: SL 1986, ch 265.
32-22-16.3. Limited exemption for certain vehicles hauling agricultural products or livestock from a farm--Violation as misdemeanor.
No vehicle hauling agricultural products from farm storage or livestock from a farm is subject to enforcement action for violations not exceeding the legal limits imposed pursuant to § 32-22-16 or 32-22-21 by more than five percent. However, the vehicle is only exempt pursuant to this section within a range of fifty miles of the farm. The vehicle may not exceed the posted weight of any bridge or road. The weight tolerance authorized in this section is not applicable during spring load restrictions as set forth in § 32-22-24. If enforcement action is taken pursuant to this section, the fine or penalty shall apply to that portion of the load that is above the legal limit. The weight tolerance authorized in this section is not permitted on the interstate highway system. A violation of this section is a Class 2 misdemeanor.
Source: SL 1991, ch 259; SL 1999, ch 161, § 1; SL 2009, ch 157, § 1.
32-22-19. Combination vehicles deemed single for weight purposes.
Any combination of vehicles being operated upon the public highways shall, for the purposes of § 32-22-16, be deemed to be a single vehicle.
Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2; SL 1980, ch 226, § 9.
32-22-21. Maximum weight per tire and on any axle or combination of axles--Violation as misdemeanor.
No vehicle equipped with pneumatic tires may be operated or moved upon any highway in this state, if the weight of the vehicle and the load thereon resting upon the surface of the highway exceeds:
(1) Six hundred pounds on any inch of the tire width on:
(a) An axle equipped with dual tires;
(b) A steering axle;
(c) An axle of an oversize or overweight vehicle that cannot be readily reduced in size or weight and is operating with a permit issued under § 32-22-42;
(d) An axle of a trailer being towed by a vehicle with a gross vehicle weight rating of eleven thousand pounds or less; or
(e) An axle equipped with tires having a minimum width of four hundred forty-five millimeters or seventeen and one-half inches if operated on a highway identified in § 32-22-21.2; or
(2) Five hundred pounds on any inch of the tire width on any other type of axle.
In no instance may the weight on any axle or combination of axles exceed the maximum weight limits specified in § 32-22-16. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2; SL 1984, ch 230, § 19; SL 1996, ch 202, §§ 2, 3; SL 2013, ch 148, § 1.
32-22-21.1. Single trip permits to move to scale site.
The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, to provide for the issuance of single trip permits by the Division of Highway Patrol to allow a motor vehicle or motor vehicle combination to move to a public or private scale site for the purpose of determining whether a load is properly placed on the motor vehicle or motor vehicle combination. Upon reaching the scale site, as specified in the permit, if the motor vehicle or motor vehicle combination is not within the maximum limits set by §§ 32-22-16 and 32-22-21, the operator shall adjust the load within the weight limits set by §§ 32-22-16 and 32-22-21 before proceeding. The permit authorized by this section is void after leaving the scale site.
Source: SL 1985, ch 256; SL 1987, ch 210, § 26; SL 1992, ch 372, § 17.
32-22-21.2. Highways to which maximum weight limit applies.
The maximum weight limit as provided by subsection 32-22-21(1)(e) applies to the following highways:
(1) The interstate highway system;
(2) Any locally designated highway within the corporate limits of any municipality adjacent to the interstate highway system;
(3) U.S. Highway 12 from Interstate 29 to Aberdeen;
(4) State Highway 37 from Interstate 90 to Huron;
(5) U.S. Highway 83 from Interstate 90 to Pierre;
(6) State Highway 79 from Interstate 90 to the Nebraska border;
(7) U.S. Highway 85 from Interstate 90 to Belle Fourche; and
(8) State Highway 50 from Interstate 29 to Yankton.
Source: SL 2013, ch 148, § 2.
32-22-22. Tire width defined.
"Tire width," when applied to pneumatic tires, shall mean the diameter of the cross-section of such tires as customarily measured and rated by the manufacturers of motor vehicles and tires.
Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2.
32-22-24. Reduced load maximums from February fifteenth to April thirtieth--Extension of period--Changing restrictions--Overweight permits--Violation as misdemeanor.
The maximum axle and axle group loadings as set forth in § 32-22-16 shall be reduced during the period of each year from February fifteenth to April thirtieth, inclusive. The proper highway authority, responsible for maintenance of the highways, shall set reduced load limits during this period and may increase, lessen, or remove these restrictions if highway conditions warrant. That authority may be exercised without formal resolution if the highway authority erects or causes to be erected and maintained signs designating the restrictions. If highway and climatic conditions warrant, the proper highway authority may extend the time period mentioned in this section by ordinance or resolution. Nothing in this requirement, however, removes or interferes with the proper highway authority imposing restrictions as set forth in §§ 32-14-6, 32-14-7, and 32-22-25. Moreover, during the time period mentioned in this section the transportation commission may, pursuant to § 32-22-42, allow the issuance of overweight permits to heavier vehicles to permit such vehicles to be operated on those highways which the commission designates as capable of handling heavier loads. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (6) (f) as added by SL 1947, ch 192; SL 1963, ch 260; SL 1964, ch 125, § 1; SL 1980, ch 226, § 11; SL 1984, ch 230, §§ 21, 23; SL 1989, ch 264, § 19; SL 2002, ch 158, § 1.
32-22-25. Reduced weight maximums on specific roads--Notice--Exceeding weight limit as misdemeanor.
If, for any reason, the improved highways of this state are rendered incapable of bearing the customary traffic without undue damage, or if it is considered by the Department of Transportation, the board of county commissioners of any county, the board of supervisors of any township, or the board of trustees of any road district, that the improved highways or any section of them under their jurisdiction would be damaged or destroyed by heavy traffic by reason of thawing or excessive moisture, or for any reason, the maximum weight of the vehicle and the load shall be reduced. Notice of any restriction under this section shall be given by placing at each end of that section of highway on which the allowable weight limit is reduced and at points of intersection, as deemed necessary by the proper highway authority, signs of substantial construction which conspicuously indicate the limitations of the gross weight of the vehicle. Exceeding such weight limits is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0338; SL 1980, ch 211, § 4; SL 1984, ch 230, § 22; SL 1989, ch 255, § 233; SL 2002, ch 158, § 2.
32-22-27. Solid or cushion rubber tires--Maximum weight per inch width of tire--Violation as misdemeanor.
No vehicle equipped with solid or cushion rubber tires may be operated upon the highways of this state if the weight of such vehicle or vehicles and load resting upon the surface of the highway exceeds four hundred pounds upon any inch width of such solid or cushion rubber tires to be measured between the flanges of the rim. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2; SL 1984, ch 230, § 24.
32-22-28. Metal wheeled vehicles--Maximum weight--Violation as misdemeanor.
No vehicle equipped with tires, rollers, or wheels, the rolling surface of which resting upon the highway consists in whole or in part of metal, may be operated upon any highway of this state if the weight of such vehicle or any load thereon or weight of vehicle and load resting upon the surface of the highway exceeds four hundred pounds upon any such width of tires, roller, or wheel of such vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2; SL 1984, ch 230, § 25.
32-22-29. Track vehicles excepted.
The provisions of §§ 32-22-27 and 32-22-28 shall not apply to traction engines or tractors, the propulsive power of which is asserted, not through wheels resting upon the ground but by means of a flexible band or chain generally known as a movable track when the portions of the movable tracks in contact with the surface of the highway present a plane surface.
Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2.
32-22-30.1. Construction vehicles and equipment--Operation on highway projects.
Notwithstanding the provisions of this chapter, the Department of Transportation or county commissioners may permit public and private vehicles and equipment in excess of the weight limitations established in this chapter to be operated on highway construction projects on public highways under their respective jurisdictions while said highway projects are under construction.
Source: SDCL, § 32-22-1 as added by SL 1972, ch 180.
32-22-31.1. Highway construction vehicles--Inspection of scale tickets for compliance with weight limitations--Reporting offenders.
The Department of Transportation may inspect any scale tickets issued by any weigh scale operator for a vehicle being used in connection with the construction, repair, or maintenance of a public highway pursuant to a contract administered by the Department of Transportation for compliance with the weight limitations imposed by this chapter. The Department of Transportation shall report any offender to the Department of Public Safety.
Source: SL 1999, ch 162, § 1; SL 2004, ch 17, § 140.
32-22-31.2. Highway construction vehicles on contract to county, township or municipality--Inspection of scale tickets for compliance with weight limitations--Reporting offenders.
Any county highway superintendent or municipal street superintendent may inspect any scale ticket issued by any weight scale operator for a vehicle being used in connection with removal of construction aggregate from a county-permitted gravel pit or for the construction, repair, or maintenance of a public highway pursuant to a contract administered by a county, township, or municipality for compliance with the weight limitations imposed by this chapter. Any violation shall be reported to the Department of Public Safety.
Source: SL 1999, ch 162, § 3; SL 2004, ch 17, § 141.
32-22-31.3. Review of county overweight vehicle enforcement programs--Factors considered--Certification of unsatisfactory programs--Prior specification of deficiencies--Withholding funds.
The secretary of the Department of Transportation shall, not less than semi-annually, review the performance of each county's program of overweight vehicle enforcement and shall certify a list of those counties whose enforcement programs are unsatisfactory. In reviewing each county's enforcement program, the secretary shall consider the following factors:
(1) Whether the county has requested that the Division of Highway Patrol assist in the enforcement of that county's spring or other posted load limits;
(2) The diligence of that county in enforcing in court to the fullest extent possible all fines authorized by chapter 32-22 without plea bargaining or reducing statutory fines or civil penalties under the following conditions:
(a) For any second or subsequent offense by a driver occurring in a four-year period; or
(b) For any violation of the provisions of § 32-22-24;
(3) The effort of local law enforcement agencies to enforce chapter 32-22 on the roads of that county; and
(4) Such other factors as the secretary may deem appropriate after consultation with the state associations for county sheriffs, county commissioners, state's attorneys, and county highway superintendents and with the Division of Highway Patrol.
The secretary may not find any county's program to be unsatisfactory unless the secretary has given the county a written specification of the county's program deficiencies at least thirty days before the unsatisfactory certification.
For any county whose overweight vehicle enforcement program is certified by the secretary as unsatisfactory, the secretary may withhold or suspend for a period of one hundred eighty days all or any portion of any transfer of federal surface transportation funds and state funds otherwise authorized by § 32-11-35 to be distributed to such county. The Department of Revenue shall cooperate with the secretary in the administration of this section.
Source: SL 1999, ch 162, § 6; SL 2003, ch 169, § 1.
32-22-32. Special fastenings for vehicles transporting objects over particular length--Exception--Violation as misdemeanor.
All motor vehicles, trucks, trailers, and semitrailers used in transporting on the public highways articles consisting, wholly or in part, of any pipe, casing, rods, bars, finished lumber products, logs, poles, or piling, which are longer than eight feet, shall have them securely and tightly fastened to the front and rear of the vehicle by at least two separate iron chains, cables, or synthetic straps extending over and around the articles on the vehicle in a manner as to securely fasten the same to the vehicle and prevent lateral or longitudinal movement of the articles while being transported in the vehicle. The chains, cables, and synthetic straps used shall have a breaking strength of not less than fifteen thousand pounds. The provisions of this section do not apply to such articles if entirely enclosed, other than at top, within the confines of a rack or box mounted on such vehicles, and which articles, when loaded in such vehicle, do not extend at the highest point of the load two linear feet above the lowest point of floor or bed of such vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0336 (7) as added by SL 1949, ch 167; SL 1984, ch 230, § 32; SL 1985, ch 260.
32-22-33. Designation of certain highways for increased maximum loads permitted under federal regulations.
The transportation commission may designate all or any segment or portion of the state trunk highway system, and increase the maximum size and weight of vehicles, axles, trailers, semitrailers, and loads which may be operated upon and over such segments, as shall conform with such weights and sizes permitted under federal statutes, rules, and regulations.
Source: SDC 1939, § 44.0336 (8) as added by SL 1965, ch 195; SL 1987, ch 210, § 27; SL 1990, ch 257, § 2.
32-22-38. Single trip permit for moving building or other oversize load--Carrying and inspection of permit.
The Division of Highway Patrol may issue a written, telegraphic, or telephonic permit for a fee or fees to be fixed, authorizing an applicant to move any kind or form of vehicle or building for a single trip over a route to be designated by the Department of Transportation to any point in or through this state upon the state trunk highways or the national system of interstate highways despite the fact that the maximum specifications of the vehicle and load or building exceed the maximum vehicle and load specifications set forth in this chapter. A written or telegraphic permit issued pursuant to this section shall be carried in the vehicle and shall be open to inspection by any peace officer or authorized agent of the authority granting the permit. Prepaid telephonic permits in books of ten may be issued to an applicant by the Division of Highway Patrol. One of the telephonic permits from the book of ten, after being telephonically authorized by the Division of Highway Patrol, shall be carried in the vehicle and shall be open to inspection by any peace officer or authorized agent of the authority granting the permit.
Source: SDC 1939, § 44.0342; SL 1957, ch 225, § 1; SDC Supp 1960, § 44.0342 (1); SL 1963, ch 261; SL 1964, ch 126; SL 1966, ch. 133; SL 1980, ch 217, § 4; SL 1983, ch 335, § 23; SL 1984, ch 230, § 33; SL 1987, ch 234, § 5; SL 1992, ch 372, § 17.
32-22-39. Books of single trip permits--Payment of fee--Designation of routes.
The Division of Highway Patrol shall provide for the publication, sale, and delivery of books containing single trip permits, in multiples of ten, upon application made therefor and payment in advance of the total permit fee, for the transportation of oversize or overweight vehicles over a designated route or routes under rules adopted by the transportation commission pursuant to chapter 1-26.
Source: SDC 1939, § 44.0342 (1) as added by SL 1964, ch 126; SL 1966, ch 133; SL 1983, ch 335, § 24; SL 1987, ch 210, § 28; SL 1992, ch 372, § 17.
32-22-40. Annual or single trip permits by local subdivisions.
The local subdivisions of government charged with maintenance of highways in their respective jurisdictions may issue written annual or single trip permits authorizing an applicant to move any kind or form of vehicle or building to any point within their respective jurisdictions upon the highways whose maintenance is under their jurisdiction, despite the fact that the weight or size of the vehicle and load or building exceeds the maximum vehicle and load specifications set forth in this chapter.
Source: SDC 1939, § 44.0342; SL 1957, ch 225, § 2; SDC Supp 1960, § 44.0342 (2); SL 1988, ch 262.
32-22-41. Oversize permits--Duration--Rules.
A manufacturer of agricultural machinery or equipment transporting machinery or equipment manufactured in South Dakota to a point in South Dakota; a dealer in and commercial carrier of oversize farm implements; a farmer or rancher transporting oversize farm implements; a commercial operator of oversize farm implements doing business in this state; a municipal operator of sludge hauling vehicles; a person engaged in hauling livestock, stacked feed, baled hay, or baled flax straw; a municipal or commercial hauler of baled garbage; a person engaged in hauling mobile homes manufactured in this state; or a manufacturer, user, or producer of construction machinery, equipment, or materials used or produced in South Dakota may apply to the Division of Highway Patrol for an oversize permit. The Division of Highway Patrol may grant the permit for a period not to exceed twelve months. The Department of Transportation may specify the routes or classes of highways which may be used by the permit holder. The Transportation Commission may adopt rules pursuant to chapter 1-26 to protect the public safety and welfare by restricting the maximum size of vehicles and their loads allowed under permits issued pursuant to this section.
Source: SDC 1939, § 44.0342 (3) as added by SL 1957, ch 225, § 3; SL 1963, ch 262; SL 1964, ch 127; SL 1969, ch 178; SL 1978, ch 234, § 2; SL 1979, ch 226, § 3; SL 1980, ch 228; SL 1983, ch 242, § 1; SL 1983, ch 335, § 25; SL 1984, ch 230, § 34; SL 1987, ch 210, § 29; SL 1989, ch 272, § 3; SL 1992, ch 372, § 17; SL 2003, ch 170, § 1.
32-22-42. Rules governing issuance of overweight and oversize permits--Fees.
The transportation commission, pursuant to chapter 1-26, may promulgate rules to provide for the issuance of oversize and overweight permits by the Division of Highway Patrol. The transportation commission shall set the fee for those permits by rules adopted pursuant to chapter 1-26.
Source: SDC 1939, § 44.0342 (4) as added by SL 1957, ch 225, § 4; SL 1983, ch 335, § 26; SL 1984, ch 230, § 35; SL 1986, ch 264; SL 1987, ch 210, § 30; SL 1992, ch 372, § 17.
32-22-42.2. Extra weight allowance for vehicles hauling from harvesting combine to point of first unloading--Maximum distance--Fine--Violation as misdemeanor.
No vehicle hauling agricultural products from a harvesting combine to the point of first unloading is subject to enforcement action for violations not exceeding the legal limits imposed pursuant to § 32-22-16 or 32-22-21 by more than ten percent. However, the vehicle is only exempt pursuant to this section within a range of fifty miles of the harvested field. If enforcement action is taken pursuant to this section, the fine or penalty shall apply to that portion of the load more than ten percent above the legal limit. The weight tolerance authorized in this section is not permitted on the interstate highway system. A violation of this section is a Class 2 misdemeanor.
Source: SL 1979, ch 225; SL 1980, ch 226, § 15; SL 1980, ch 228; SL 1983, ch 241, § 4; SL 1984, ch 230, § 36; SL 1987, ch 235, § 1; SL 1999, ch 163, § 1; SL 2009, ch 157, § 2.
32-22-42.3. Livestock hauler exemption.
A motor vehicle hauling livestock as defined in § 39-5-6 is not in violation of the maximum axle or tire weight limits set by § 32-22-16 or 32-22-21 due to the shifting of the load if the total gross vehicle weight of the vehicle is within the maximum limits set by §§ 32-22-16 and 32-22-21 and the load is adjusted to the legal limits on axle and tire.
Source: SL 1983, ch 248.
32-22-42.9. Haystack movers--Enforcement actions for minor weight violation prohibited--Fine on excess only.
A tractor towed or truckmounted haystack mover is not subject to enforcement actions for exceeding the legal limits in § 32-22-16 or 32-22-21 by five percent or less except on the interstate highway system. If enforcement action is taken, the fine or penalty applies only to that portion of the load more than five percent above the legal limit.
Source: SL 1983, ch 247, § 7; SL 1987, ch 235, § 2; SL 1993, ch 235, § 4.
32-22-42.10. Solid waste hauling vehicle weight restrictions--Fine on excess only--Violation as misdemeanor.
The limitations of § 32-22-16 do not apply to the maximum gross weight per axle of any vehicle hauling solid waste. However, the maximum gross weight of such a vehicle may not exceed the total weight limitation of all the axles combined as provided by § 32-22-16, nor may any vehicle hauling solid waste exceed the maximum gross weight allowable per axle by five percent on any axle. This five percent exception does not apply to the interstate highway system. If enforcement action is taken, the fine or penalty shall apply to that portion of the load more than five percent above the legal limit. A violation of this section is a Class 2 misdemeanor.
Source: SL 1983, ch 243, § 1; SL 1984, ch 230, § 41; SL 1987, ch 235, § 3.
32-22-42.11. Municipal sludge vehicles--Permit for oversize and overweight--Tires--Speed limit--Violation as misdemeanor.
The Division of Highway Patrol, with respect to highways under the jurisdiction of the Department of Transportation, and local authorities with respect to highways, roads, and streets under their jurisdiction may issue annual or seasonal permits for the movement of oversize and overweight sludge vehicles owned and operated by a municipality. The governmental entity with jurisdiction over the highway, road, or street may establish permit conditions to ensure the safety of the public and the protection of the highway surface and structures. The municipal sludge vehicle shall be equipped with large flotation type tires which have an inflation pressure of twenty-five pounds per square inch or less. The vehicle may not operate on a public roadway at a speed in excess of fifteen miles per hour. A violation of this section is a Class 2 misdemeanor.
Source: SL 1984, ch 232; SL 1992, ch 372, § 18.
32-22-42.12. Certain vehicles hauling from point of harvest--Exemption.
Except on the interstate system, a motor vehicle hauling agricultural products from a harvesting combine to the point of first unloading is not in violation of the maximum axle or tire weight limits set by § 32-22-16 or 32-22-21 due to the shifting of the load if the total gross vehicle weight of the vehicle is within the maximum limits set by §§ 32-22-16 and 32-22-21 and the load is adjusted to the legal limits on axle and tire.
Source: SL 1984, ch 231; SL 1986, ch 263, § 2.
32-22-42.13. Single trip permit.
An individual who is cited for not having an oversize or overweight permit may be issued a single trip permit by the highway patrol or ports of entry to allow the continued movement of the vehicle, if the issuance of the permit is consistent with the standards set forth in the Department of Transportation rules governing oversize and overweight permits.
Source: SL 1987, ch 234, § 9.
32-22-42.14. Rules authorizing operation of triple trailer combinations under single trip permit.
The transportation commission may promulgate rules pursuant to chapter 1-26 to authorize the movement of triple trailer combinations over state highways under the authority of a single trip permit. The rules shall establish the maximum trailer and overall vehicle lengths, maximum weight and speed limits, licensing requirements, routes authorized under the permit, method of permit issuance and permit fees.
Source: SL 1988, ch 263, § 1.
32-22-42.15. Last trailer marked long load.
The rear of the last trailer authorized in § 32-22-42.14 shall be marked "LONG LOAD."
Source: SL 1988, ch 263, § 2; SL 1989, ch 272, § 4.
32-22-42.16. Vehicles moving hay grinding equipment--Restrictions--Warning lights required--Permit fee.
If a commercial operator of a vehicle on which is mounted hay grinding equipment is issued an oversize permit pursuant to §§ 32-22-41 and 32-22-42, the operator may move the vehicle from November first to March thirty-first, inclusive, upon any public highway during any time of the day or night if the vehicle is operated within one hundred miles of the business location of the commercial operator. However, no operator may move hay grinding equipment on the interstate highway between one-half hour after sunset and one-half hour before sunrise on the following day. The vehicle or the load may not exceed twelve feet in width. If the vehicle is operated during the period of day between one-half hour after sunset and one-half hour before sunrise, the vehicle shall display flashing or rotating white or amber lights at each side of the vehicle's widest extremity. The warning lights shall be clearly visible to any motorist approaching from the front or the rear. The annual fee for any oversized permit issued to a commercial operator of a vehicle on which is mounted hay grinding equipment is fifty dollars.
Source: SL 2003, ch 171, § 1.
32-22-43. Liability for damages not affected by issuance of permit.
The issuance of any permit provided for in this chapter or the rules adopted for issuance of the permit do not relieve the holder of the permit from liability for damages caused to a highway by any movement under the permit.
Source: SDC 1939, § 44.0342 (5) as added by SL 1957, ch 225, § 5; SL 2010, ch 145, § 185.
32-22-46. Emergency movement of national defense vehicles.
The Division of Highway Patrol may allow the emergency movement of oversize and overweight vehicles at any time on any day over any public highway in the interest of national defense.
Source: SL 1963, ch 196; SL 1983, ch 335, § 28; SL 1987, ch 234, § 7; SL 1992, ch 372, § 17.
32-22-47. Maximum vehicle weight on bridges--Required and permissible signs--Exception.
The board of county commissioners of any county, the board of supervisors of any township, the board of trustees of any road district, or the Department of Transportation, shall erect and maintain at a point on the right-of-way and within six hundred feet of both entrances to any bridge and may, where it is deemed necessary, erect and maintain at the nearest road intersection in each direction from any bridge, upon any public highway which it is the duty of the board or department to maintain and repair, a conspicuous sign specifying in large numerals, the maximum weight of any vehicle, laden or unladen, which may enter upon or cross over the bridge. No bridge signing is necessary for bridges which can accommodate motor vehicles operating under the legal weight maximums provided in § 32-22-16.
Source: SL 1949, ch 175, § 2; SDC Supp 1960, § 28.1424; SL 1976, ch 197, § 1; SL 1980, ch 211, § 6; SL 1983, ch 241, § 6; SL 1987, ch 240; SL 1999, ch 151, § 8; SL 2011, ch 146, § 1.
32-22-48. Damages for crossing bridge with overweight vehicle--Misdemeanor.
Any person who drives or operates, or causes to be driven or operated, any vehicle, laden or unladen, upon, over or across any bridge which has been posted in accordance with § 32-22-47 and which exceeds in weight the maximum weight in pounds, as provided in § 32-22-47, is liable for damages to the proper county, township, or the State of South Dakota, to be recovered in a civil action by such county, township, or the State of South Dakota, as the case may be, for any injury or damage sustained by such bridge by reason thereof. A violation of this section is a Class 2 misdemeanor.
Source: SL 1949, ch 175, §§ 3, 4; SDC Supp 1960, §§ 28.1424, 28.9920; SL 1976, ch 197, § 2; SL 1978, ch 158, § 47; SL 1983, ch 241, § 7.
32-22-49. Person and vehicle defined.
Terms used in §§ 32-22-47 and 32-22-48 mean:
(1) "Person," any person, firm, association, or corporation;
(2) "Vehicle," any motor vehicle, truck, trailer, semitrailer, or tractor.
Source: SL 1949, ch 175, § 1; SDC Supp 1960, § 28.1424; SL 2010, ch 145, § 186.
32-22-50. Authority to weigh vehicle--Requiring vehicle to be driven to scales.
Any peace officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to weigh the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest scales in the event such scales are within five miles.
Source: SDC 1939, § 44.0341; SL 1951, ch 230; SL 1983, ch 241, § 8.
32-22-51. Removal of overweight portion of load--Risk of loss of unloaded cargo.
If an officer upon weighing a vehicle and load as provided in § 32-22-50 determines that the vehicle's weight is unlawful, the officer shall require the driver to stop the vehicle in a suitable place adjacent to the place of weighing. The vehicle shall there remain until such portion of the load is removed or adjusted to reduce the gross weight, axle weight, or tire weight of such vehicle to meet the weight limits specified in this chapter or until the officer issues the vehicle an overweight permit as provided for in §§ 32-22-42 and 32-22-42.13. The overweight permit shall only authorize movement of the vehicle from the weighing site to a location, as determined by the issuing officer, where the excess portion of the load can be removed or adjusted to cause the vehicle to meet the weight limits specified in this chapter. The unloading of any required portion of a load is the duty of and at the sole risk of the owner or operator of the vehicle. Any material unloaded shall be cared for by and continue to be at the sole risk of the owner or operator.
Source: SDC 1939, § 44.0341; SL 1951, ch 230; SL 1979, ch 227, § 1; SL 1992, ch 224.
32-22-51.2. Livestock not to be unloaded from overweight vehicle--Special permit--Other enforcement action.
The unloading of livestock as defined by subdivision 39-5-6(11) is prohibited for the enforcement of violations of §§ 32-22-16 and 32-22-21. The officer shall issue to the driver of the vehicle at the point of violation a special overweight permit for the amount of the overload if the load cannot be adjusted to the legal limits without unloading. The permit authorized pursuant to this section is issued at the flat rate of one hundred dollars for an overweight permit. The flat rate shall include the cost of issuing the permit. This permit authorizes the driver to operate the overweight vehicle to the point of destination within the state or the point of exit from the state. This permit does not, however, exempt the operator from any other enforcement actions.
Source: SL 1979, ch 227, §§ 1, 2; SL 1980, ch 226, § 17; SL 1983, ch 241, § 9.
32-22-52. Operation of oversize or overweight vehicle as misdemeanor.
It is a Class 2 misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or vehicles, of a size or weight exceeding the limitations stated in this chapter, or the rules of the Transportation Commission or county commission adopted pursuant to this chapter.
Source: SDC 1939, § 44.9916; SL 1977, ch 189, § 110; SL 1984, ch 230, § 43; SL 1987, ch 234, § 8; SL 2010, ch 145, § 187.
32-22-54. Cancellation of license plates on fourth overweight conviction--Period before reissuance.
Upon a fourth or subsequent conviction of any person for operating a motor vehicle in violation of the provisions of §§ 32-22-2 to 32-22-33, inclusive, the court in which such conviction is obtained may, as a part of the judgment, cancel and require the surrender of the license plates of the vehicle involved, which plates shall be transmitted to the Department of Public Safety, together with a copy of the judgment; and license plates may not be issued for such vehicle before the expiration of one year from the date of the judgment.
Source: SDC 1939, § 44.9929 as added by SL 1949, ch 173; SL 1953, ch 240; SL 1983, ch 241, § 10; SL 2003, ch 272, § 23.
32-22-55. Schedule of penalties for operation of overweight vehicle.
Any person who is convicted of the offense of operating a motor vehicle upon the public highways of this state with weight upon any wheel, axle, or groups of axles or upon more than one thereof greater than the maximum permitted by §§ 32-22-2 to 32-22-33, inclusive, 32-22-47 and 32-22-48 shall be fined in addition to, and not in substitution for, any other penalties now provided by law for such offense in the following amounts:
In an amount equal to five cents per pound for each pound of such excess or combined excess weight over one thousand pounds if such excess is three thousand pounds or less.
In an amount equal to fifteen cents per pound for each pound of such excess or combined excess weight if such excess exceeds three thousand pounds and is four thousand pounds or less.
In an amount equal to twenty-two and one-half cents per pound for each pound of such excess or combined excess weight if such excess exceeds four thousand pounds and is five thousand pounds or less.
In an amount equal to thirty-seven and one-half cents per pound for each pound of such excess or combined excess weight if such excess exceeds five thousand pounds and is ten thousand pounds or less.
In an amount equal to seventy-five cents per pound for each pound of such excess or combined excess weight if such excess is more than ten thousand pounds.
The fine schedule in this section is assessed at a single rate according to the cents per pound penalty for the highest weight violation.
Source: SL 1951, ch 235; SL 1953, ch 247; SDC Supp 1960, § 44.9935; SL 1983, ch 241, § 11; SL 1984, ch 230, § 1; SL 1989, ch 256, § 19; SL 1999, ch 162, § 4; SL 2002, ch 159, § 1.
32-22-57. Lift axle control requirements--Permits--Violation as misdemeanor.
Unless specifically authorized by permit, a variable load axle may not be raised if, when it is raised, it causes any other axle to be overloaded. The transportation commission may promulgate rules, pursuant to chapter 1-26, to provide for the issuance of annual permits by the Division of Highway Patrol which authorize the raising of a variable load axle while turning. The annual permit is not valid on the interstate system. A violation of this section subjects the violator to a civil penalty of five hundred dollars for each violation.
Source: SL 1984, ch 230, § 44; SL 1985, ch 262; SL 1986, ch 266, § 1; SL 1987, ch 210, § 31; SL 1992, ch 372, § 17.
32-22-57.1. Vehicle equipped with variable load axle to be equipped with pressure control device--Exception--Violation as misdemeanor.
Any motor vehicle registered in South Dakota which is equipped with a variable load axle or modified thereafter with a variable load axle shall be equipped with a pressure control device. The control for adjusting pressure shall be mounted outside of the driver compartment and shall be preset so the weight carried on the variable load axle may not be varied by anyone in the vehicle. The control for raising and lowering the variable load axle may be accessible to the driver, but it may not also function as the pressure control device. However, this section does not apply to a farm vehicle that is equipped with no more than three axles one of which is a variable load axle. A violation of this section is a Class 2 misdemeanor.
Source: SL 1986, ch 266, § 2; SL 1988, ch 264.
32-22-57.2. Specification of size and load carrying capacity of variable load axles.
The transportation commission may, by rule adopted pursuant to chapter 1-26, specify the size and load carrying capacity of variable load axles or other axles used to modify or increase the carrying capacity of any vehicle.
Source: SL 1989, ch 264, § 22.
32-22-59. Restrictions on size, weight or class.
The transportation commission may adopt rules pursuant to chapter 1-26 to restrict the size or weight of any motor vehicle or class of motor vehicle on roads under its jurisdiction provided the vehicle size or weight restriction is conspicuously signed.
Source: SL 1987, ch 210, § 24.
32-22-60. Size and load restrictions--Notice--Violation as misdemeanor.
If for any reason a segment of the state trunk highway system cannot accommodate the motor vehicle size limits set forth in chapter 32-22 without endangering public safety or damaging the highway surface or structures, the transportation commission may adopt rules, pursuant to chapter 1-26, to restrict the size of a vehicle and its load over that highway segment. Notice of any restriction under this section shall be given by placing at the beginning and end and points of intersection signs of substantial construction which conspicuously indicate the vehicle size limitation. A violation of this section is a Class 2 misdemeanor.
Source: SL 1987, ch 210, § 32.
32-22-61. Authority to promulgate rules governing hitches used to transport farm implements from manufacturer.
The transportation commission, pursuant to chapter 1-26, may promulgate rules governing hitches used to transport farm implements from the manufacturer.
Source: SL 1989, ch 271.
32-22-62. Exemption of tow trucks or wreckers under certain conditions.
Any tow truck or wrecker, as defined by § 32-17-10, when moving any damaged, disabled, or abandoned vehicle from any highway emergency to the first point of unloading is exempt from the weight, width, height, and length restrictions imposed by this chapter. The combination of vehicles may not exceed the posted weight limits of any bridge. This section applies only to a tow truck or wrecker located within a two hundred mile radius of the operator's principal place of business.
Source: SL 1994, ch 260; SL 2017, ch 142, § 1.
32-22-63. Electronic copy of permit.
Any permit issued by a permit issuing authority under this chapter may be presented electronically as proof of the permit. An electronic copy is considered written evidence of a permit if the permit was issued by a permit issuing authority and the permit was issued by electronic means.
Source: SL 2018, ch 195, § 1.
