State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

400U0225   SENATE BILL   NO.  43  

Introduced by:    The Committee on Judiciary at the request of the Department of Public Safety
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crossing of a railroad and to revise the penalty for certain railroad crossing violations by the driver of a commercial motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 32-29-4 be amended to read as follows:
    32-29-4. If any person driving a vehicle approaches a railroad grade crossing and a law enforcement officer or a clearly visible or audible signal gives warning of the immediate approach of a railway train or car, he the driver shall bring such vehicle to a complete stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and may not proceed until he the driver can do so safely. A violation of this section is a Class 2 misdemeanor.
    Section 2. That chapter 32-29 be amended by adding thereto a NEW SECTION to read as follows:
    The driver of any commercial motor vehicle, as defined in subdivision 32-12A-1(5), when approaching a railroad grade crossing shall:
            (1)    If not required to stop pursuant to § 32-29-5, slow down when approaching a crossing and check that the railroad tracks are clear of an approaching train before proceeding;
            (2)    If not required to stop pursuant to § 32-29-5, stop before reaching a crossing if the railroad tracks are not clear;
            (3)    Refrain from proceeding through a crossing if sufficient space is not available to drive completely through the crossing without stopping; and
            (4)    Ensure there is sufficient undercarriage clearance before negotiating a crossing.
    A violation of the provisions of this section is a Class 2 misdemeanor.
    Section 3. That § 32-12A-59 be amended to read as follows:
    32-12A-59. Any person is disqualified from driving a commercial motor vehicle for a period of sixty days if convicted, while driving a commercial motor vehicle, of a first violation of § 32-29-4, 32-29-5, 32-29-7, 32-29-8, or 32-29-9, or section 2 of this Act.
    Section 4. That § 32-12A-60 be amended to read as follows:
    32-12A-60. Any person is disqualified from driving a commercial motor vehicle for a period of one hundred twenty days if convicted during any three-year period, while driving a commercial motor vehicle, of a second conviction or any combination of convictions of § 32-29-4, 32-29-5, 32-29-7, 32-29-8, or 32-29-9, or section 2 of this Act in separate incidents.
    Section 5. That § 32-12A-61 be amended to read as follows:
    32-12A-61. Any person is disqualified from driving a commercial motor vehicle for a period of one year if convicted during any three-year period, while driving a commercial motor vehicle, of a third or subsequent conviction or any combination of convictions of § 32-29-4, 32-29-5, 32-29-7, 32-29-8, or 32-29-9, or section 2 of this Act in separate incidents.