CHAPTER 49-28
MOTOR CARRIER REGULATION
49-28-1 Definitions.
49-28-2 49-28-2, 49-28-2.1. Repealed by SL 1995, ch 259, §§ 35, 36.
49-28-3 Motor carrier status as question of fact.
49-28-4 49-28-4, 49-28-4.1. Repealed by SL 1995, ch 259, §§ 3, 4.
49-28-5 49-28-5 to 49-28-8. Repealed by SL 1985, ch 374, § 49.
49-28-8.1 49-28-8.1. Repealed by SL 1995, ch 259, § 5.
49-28-8.2 49-28-8.2. Repealed by SL 1995, ch 259, § 37.
49-28-9 49-28-9. Repealed by SL 1985, ch 374, § 49.
49-28-9.1 49-28-9.1. Repealed by SL 1995, ch 259, § 6.
49-28-10 49-28-10. Repealed by SL 1985, ch 374, § 49.
49-28-10.1 49-28-10.1. Repealed by SL 1995, ch 259, § 7.
49-28-11 49-28-11. Repealed by SL 1985, ch 374, § 49.
49-28-12 49-28-12 to 49-28-14. Repealed by SL 1995, ch 259, §§ 8 to 10.
49-28-15 49-28-15. Repealed by SL 1981, ch 334, § 6.
49-28-15.1 49-28-15.1 to 49-28-18. Repealed by SL 1995, ch 259, §§ 11 to 14.
49-28-19 49-28-19. Repealed by SL 1985, ch 374, § 49.
49-28-19.1 49-28-19.1, 49-28-20. Repealed by SL 1995, ch 259, §§ 15, 16.
49-28-21 49-28-21, 49-28-22. Repealed by SL 1985, ch 374, § 49.
49-28-23 49-28-23. Repealed by SL 1981, ch 334, § 9.
49-28-24 49-28-24 to 49-28-27. Repealed by SL 1995, ch 259, §§ 17 to 21.
49-28-28 49-28-28. Repealed by SL 1994, ch 356, § 2.
49-28-29 49-28-29 to 49-28-30.1. Repealed by SL 1995, ch 259, §§ 22 to 24.
49-28-31 49-28-31. Repealed by SL 1981, ch 334, § 11.
49-28-32 49-28-32. Repealed by SL 1985, ch 374, § 49.
49-28-33 Rules governing motor carriers--Promulgation--Conformity with federal rules.
49-28-34 49-28-34. Repealed by SL 1985, ch 374, § 49.
49-28-35 49-28-35. Repealed by SL 1995, ch 259, § 26.
49-28-36 49-28-36 to 49-28-36.2. Repealed by SL 2014, ch 219, §§ 1 to 3.
49-28-36.3 49-28-36.3. Repealed by SL 1989, ch 398, § 2.
49-28-36.4 49-28-36.4 to 49-28-36.6. Repealed by SL 2014, ch 219, §§ 4 to 6.
49-28-36.7 Application for permit.
49-28-36.8 49-28-36.8. Repealed by SL 2014, ch 219, § 7.
49-28-37 49-28-37. Repealed by SL 1985, ch 374, § 49.
49-28-38 49-28-38. Repealed by SL 1995, ch 259, § 27.
49-28-39 49-28-39. Repealed by SL 1985, ch 374, § 49.
49-28-40 49-28-40. Repealed by SL 1995, ch 259, § 28.
49-28-40.1 49-28-40.1. Repealed by SL 1993, ch 347, § 1.
49-28-40.2 49-28-40.2. Repealed by SL 2014, ch 219, § 8.
49-28-41 Cooperation with FMCSA--Department as party in proceedings before FMCSA.
49-28-41.1 Appearance before FMCSA--Department substituted as party.
49-28-42 49-28-42, 49-28-43. Repealed by SL 1995, ch 259, §§ 30, 31.
49-28-44 49-28-44. Repealed by SL 1981, ch 334, § 16.
49-28-45 Disposition of fees received from carriers.
49-28-46 49-28-46. Repealed by SL 1981, ch 334, § 17.
49-28-47 49-28-47. Repealed by SL 1985, ch 374, § 49.
49-28-48 49-28-48. Repealed by SL 1995, ch 259, § 38.
49-28-49 49-28-49. Repealed by SL 1975, ch 284, § 3.
49-28-50 Reports and statements by carriers.
49-28-51 Procedure before department.
49-28-52 Enforcement of department's orders.
49-28-53 Procedure for rehearing, review, or appeal.
49-28-54 49-28-54, 49-28-55. Repealed by SL 2014, ch 219, §§ 9, 10.
49-28-56 49-28-56 to 49-28-60. Repealed by SL 1974, ch 298.
49-28-61 49-28-61. Repealed by SL 1985, ch 374, § 49.
49-28-62 Violation of chapter as misdemeanor.
49-28-63 Noncompliance with chapter or with department order as misdemeanor.
49-28-64 Discrimination, false statements or documents, and evasion of regulation as misdemeanors.
49-28-65 49-28-65. Repealed by SL 2006, ch 234, § 20.
49-28-66 Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.
49-28-67 49-28-67. Repealed by SL 2006, ch 234, § 22.
49-28-68 49-28-68. Repealed by SL 1995, ch 259, § 34.
49-28-69 Compliance with the Unified Carrier Registration Act.
49-28-70 Definitions relating to motor carrier transportation contracts.
49-28-71 Indemnity provisions in motor carrier transportation contracts.
49-28-72 Intermodal equipment agreements.
49-28-1. Definitions.
Terms used in this chapter mean:
(1) " Department," the Department of Revenue;
(2) "Corporation," a corporation, company, association, or joint stock association;
(3) "For hire," for remuneration of any kind, paid or promised for the transportation of persons or property. An occasional accommodative or reciprocal transportation service by a person not in the transportation business while on an errand for such person's benefit, is not a service for hire, even though the person transported shares in the cost or pays for the service;
(4) " FMCSA," Federal Motor Carrier Safety Administration;
(5) "Exempt motor carrier," an interstate motor carrier who is exempt from the FMCSA's jurisdiction over interstate transportation;
(6) "Regulated motor carrier," an interstate motor carrier who is subject to the FMCSA's jurisdiction over interstate transportation;
(7) "Motor carrier," any person, corporation, lessee, trustee, or receiver operating any motor vehicle, trailer, or semitrailer on any public highway in this state for the transportation of persons or property, for hire;
(8) "Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property;
(9) "Permit," the permit authorized to be issued under this chapter;
(10) "Person," a natural person, firm, corporation, limited liability company, copartnership, company, association, joint stock company, or, the lessee, trustee, or receiver appointed by any court for any one of the foregoing;
(11) "Public highway," every street, alley, public road, public thoroughfare, or highway in this state;
(12) "Registration state," the state in which a regulated motor carrier selects to register its interstate motor carrier operations pursuant to 49 USC § 14504 and 49 CFR PART 367 as of January 1, 2005;
(13) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;
(14) "Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle;
(15) "Board," the Surface Transportation Board as defined in 49 USC § 13102(1) as of January 1, 2005;
(16) "Secretary," the secretary of the United States Department of Transportation as that term is defined in 49 USC § 13102(17) as of January 1, 2005.
Source: SDC 1939, § 44.0401; SL 1939, ch 173; SL 1945, ch 192; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1981, ch 334, § 1; SL 1985, ch 374, § 1; SL 1989, ch 256, § 10; SL 1989, ch 399, § 2; SL 1994, ch 351, § 133; SL 1994, ch 356, § 1; SL 1995, ch 259, § 1; SL 1999, ch 223, § 1; SL 2006, ch 234, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
49-28-3. Motor carrier status as question of fact.
Whether or not a motor vehicle, trailer, or semitrailer is operated by a motor carrier within the meaning of subdivisions 49-28-1(7) and (8) is a question of fact to be determined by the department.
Source: SDC 1939, § 44.0401 (9); SL 1939, ch 173; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1985, ch 374, § 4; SL 1995, ch 259, § 2; SL 2006, ch 234, § 2.
49-28-33. Rules governing motor carriers--Promulgation--Conformity with federal rules.
The department may pursuant to chapter 1-26 adopt rules to establish uniform procedures for the administration of the provisions of this chapter. Rules may be adopted by the department governing motor carriers in the following areas:
(1) Filing information and reports; and
(2) Registration and identification when performing interstate operations within the state.
The Director of the Division of Highway Patrol may promulgate reasonable rules pursuant to chapter 1-26 to promote safety of operations, standards, and safety of equipment. The rules shall conform as nearly as possible with the rules and regulations for safety of operations and equipment adopted by the U.S. Department of Transportation, pursuant to 49 U.S.C. Chapter 311 as amended through January 1, 2005.
Source: SDC 1939, § 44.0403; SL 1981, ch 334, § 12; SL 1983, ch 335, § 29; SL 1984, ch 308; SL 1986, ch 22, § 14; SL 1995, ch 259, § 25; SL 1999, ch 223, § 2; SL 2006, ch 234, § 3.
49-28-36.7. Application for permit.
A motor carrier shall make an application for a single trip permit as required by the department, and the permit secured at a port of entry or by such other means designated by the department prior to beginning movement over the state's highways. The application shall include the applicant's name and business address, a description of the vehicle, and the route of travel suggested for the trip.
Source: SL 1985, ch 373, § 2; SL 1999, ch 223, § 8; SL 2006, ch 234, § 9; SL 2021, ch 125, § 10.
49-28-41. Cooperation with FMCSA--Department as party in proceedings before FMCSA.
The department shall cooperate with the FMCSA, in the administration of motor carrier laws. The department may appear before the FMCSA, the secretary, or the board as a party litigant in all proceedings involving the regulation and control of motor carriers in interstate commerce if, in its opinion, the public interest of the state justifies such participation.
Source: SDC 1939, § 44.0403; SL 1985, ch 374, § 35; SL 1999, ch 223, § 9; SL 2006, ch 234, § 10.
49-28-41.1. Appearance before FMCSA--Department substituted as party.
If the department determines upon its own motion or upon the petition of a resident of this state that it is in the best interests of the state, it may appear before the FMCSA, the secretary, or the board as a party in all proceedings involving the regulation and control of motor carriers in interstate commerce. If any matter is pending before the FMCSA, the secretary, or the board between a resident of this state as petitioner and a motor carrier doing business in this state and engaged in interstate transportation of freights, charging the carrier with any violation of the Interstate Commerce Act, upon application of the petitioner, the department may appear therein and be substituted as a party in place of such petitioners and thereafter the matter shall be prosecuted by the department at the expense of the state in the same manner as though originally begun by it.
Source: SL 1987, ch 350, § 3; SL 1999, ch 223, § 10; SL 2006, ch 234, § 11.
49-28-45. Disposition of fees received from carriers.
All fees or money received by the department under this chapter shall be reported monthly to and deposited with the state treasurer, and credited to the general fund of the state. Those fees and money so deposited shall be used to reimburse the state for the added expense which the state incurs in the administration and enforcement of this chapter and chapter 32-9, and for policing the highways over which such motor vehicles travel.
Source: SDC 1939, § 44.0413; SL 1939, ch 175; SL 1943, ch 159, § 1; SL 1985, ch 374, § 36; SL 2006, ch 234, § 12.
49-28-50. Reports and statements by carriers.
Each motor carrier shall prepare and file with the department, at such time, and in the form to be prescribed by the department, reports and statements giving to the department such information as it requires in order to perform its duties under this chapter.
Source: SDC 1939, § 44.0419; SL 1975, ch 284, § 2; SL 1981, ch 334, § 18; SL 1985, ch 374, § 38; SL 2006, ch 234, § 13.
49-28-51. Procedure before department.
Except as otherwise provided in this chapter or the rules adopted pursuant to this chapter, chapter 1-26 shall govern in all proceedings and investigations before the department in cases arising in connection with the performance by the department of its duties or the exercise of its jurisdiction under this chapter.
Source: SDC 1939, § 44.0417; SL 1985, ch 374, § 39; SL 2006, ch 234, § 14.
49-28-52. Enforcement of department's orders.
Orders and final determinations of the department in all proceedings pursuant to this chapter shall be enforced in the manner provided by law for enforcement of orders of the department.
The department may apply to the circuit court in any circuit in which any person or motor carrier operates or maintains a principal headquarters for the enforcement of this chapter and the rules adopted pursuant thereto. The court shall have jurisdiction by writ of injunction, or by other proceedings, mandatory or otherwise, to restrict and enjoin any such person or motor carrier, its officers, agents, employees, or representatives, from further violations of the provisions of law or any lawful order, term, or condition prescribed by the department and enjoining obedience thereto.
Source: SDC 1939, § 44.0417; SL 1985, ch 374, § 40; SL 2006, ch 234, § 15.
49-28-53. Procedure for rehearing, review, or appeal.
All final orders, determinations, or decisions of the department in proceedings brought pursuant to this chapter are subject to rehearing in accordance with department rules and are subject to review or appeal in accordance with chapter 1-26.
Source: SDC 1939, § 44.0418; SL 1985, ch 374, § 41; SL 1995, ch 259, § 32; SL 2006, ch 234, § 16.
49-28-62. Violation of chapter as misdemeanor.
Any person who operates any motor vehicle for the transportation of persons or property for hire on any public highway in this state, except in accordance with the provisions of this chapter, is guilty of a Class 2 misdemeanor. A subsequent violation of this section within any six-month period is a Class 1 misdemeanor.
Source: SDC 1939, § 44.9925; SL 1985, ch 374, § 44; SL 1992, ch 327, § 1.
49-28-63. Noncompliance with chapter or with department order as misdemeanor.
Any motor carrier which is subject to this chapter or, if any such motor carrier is a corporation, any director or officer thereof or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who violates or fails to comply with or who procures, aids, or abets in the violation of any provision of this chapter, or who fails to obey, observe, or comply with any lawful order, decision, rule, regulation, direction, demand, or requirement of the department, or any part or provision thereof, is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 44.9926; SL 1985, ch 374, § 45; SL 2006, ch 234, § 19.
49-28-64. Discrimination, false statements or documents, and evasion of regulation as misdemeanors.
Any carrier or any officer, employee, agent, or representative thereof who knowingly and willfully fraudulently seeks to evade or defeat regulation as in this chapter provided for motor carriers is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 44.9931 as enacted by SL 1949, ch 177; SL 1985, ch 374, § 46; SL 1995, ch 259, § 33.
49-28-66. Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.
The inspectors of the Department of Public Safety or any law enforcement officer may require the driver of a commercial vehicle to stop a vehicle at any time for inspection to determine if the provisions of this chapter are being complied with. Any driver who fails to stop and submit the driver's vehicle to such inspection is guilty of a Class 2 misdemeanor.
Source: SL 1971, ch 261, § 2; SL 1983, ch 15, § 111; SL 1983, ch 335, § 31; SL 1985, ch 374, § 48; SL 2003, ch 272 (Ex. Ord. 03-1), § 19; SL 2006, ch 234, § 21.
49-28-69. Compliance with the Unified Carrier Registration Act.
Notwithstanding any provisions of this chapter, the department may participate in and comply with the Unified Carrier Registration Act of 2005.
Source: SL 2006, ch 234, § 23.
49-28-70. Definitions relating to motor carrier transportation contracts.
Terms used in this section and § 49-28-71 mean:
(1) "Affiliate," any employee or agent of a promisee, or any independent contractor who is directly responsible to a promisee other than a motor carrier that is a party to a motor carrier transportation contract with the promisee or an employee or agent of such motor carrier or an independent contractor directly responsible to such motor carrier;
(2) "Motor carrier transportation contract," a contract or agreement between a motor carrier and a promisee covering the transportation of property for hire by the motor carrier; the motor carrier's entrance on property for the purpose of loading, unloading, or transporting property for hire; or any service of the motor carrier that is incidental to these activities, including the storage of property;
(3) "Promisee," any person who enters into a motor carrier transportation contract with a motor carrier.
Source: SL 2012, ch 228, § 1.
49-28-71. Indemnity provisions in motor carrier transportation contracts.
Notwithstanding any other law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may require the motor carrier to indemnify, hold harmless, or defend the promisee or affiliate, or have the effect of indemnifying, holding harmless, or defending the promisee or affiliate from or against any liability for loss or damage resulting from the negligence, intentional acts, or omissions of the promisee or affiliate. Any provision of any contract or agreement entered into after July 1, 2012 that violates this section is void and unenforceable.
Source: SL 2012, ch 228, § 2.
49-28-72. Intermodal equipment agreements.
Sections 49-28-70 and 49-28-71 do not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
Source: SL 2012, ch 228, § 3.
