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 […]
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; […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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: […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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.
