State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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705U0266
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SENATE BILL NO. 78
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Introduced by: Senators Vehle, Maher, Novstrup (Al), and Welke and Representatives
Verchio, Heinert, Miller, Romkema, and Rozum
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FOR AN ACT ENTITLED, An Act to revise certain provisions relating to medical requirements
for intrastate drivers transporting passengers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-28A-3 be amended to read as follows:
49-28A-3. The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B,
chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C, parts 171 to 180,
inclusive, as amended through January 1, 2012 2013, and Title 49 of the Code of Federal
Regulations, subtitle B, chapter III, subchapter B, part 387 and parts 390 to 397, inclusive, as
amended through January 1, 2012 2013, with the following modifications:
(1) All references to interstate operations shall also include intrastate operations except
that drivers and motor carriers operating intrastate vehicles and combinations of
vehicles with three axles or less or with a gross vehicle weight rating of not more
than twenty-six thousand pounds which are not used to transport hazardous materials
requiring placarding under part 177, or designed to transport more than fifteen
passengers, including the driver, are not subject to parts 390-397;
(2) For the purposes of part 391.11(b)(1), a driver shall be at least twenty-one years old
if engaged in interstate commerce, or transporting hazardous material of a type or
quantity requiring placarding under part 177, or operating a vehicle designed to
transport more than fifteen passengers, including the driver. All other drivers shall
be at least sixteen years of age;
(3) Intrastate Unless required by an employer to be medically certified under Title 49,
intrastate drivers are exempt from the physical requirements of part 391.41.
Any violation of part 387 and parts 390 to 396, inclusive, the motor carrier safety
requirements governing the qualifications of drivers, driving of motor vehicles, parts and
accessories necessary for safe operation, notification and reporting of accidents, assistance with
investigations and special studies, hours of service of drivers, inspection, repair, and
maintenance is a Class 2 misdemeanor. Any violation of the hazardous materials regulations
pertaining to registration of cargo tank motor vehicles, registration of persons who offer or
transport hazardous materials, general information, regulations and definitions, hazardous
materials tables, hazardous materials communication regulations, and test and inspection
marking requirements found in parts 107 (subparts F and G only), 171, 172, and 178 to 180,
inclusive, is a Class 2 misdemeanor. Any violation of the hazardous materials regulations
pertaining to packaging, prohibited shipments, loading and unloading, segregation and
separation, retesting and inspection of cargo tanks, and other carriage by regulations found in
parts 173 to 180, inclusive, or violation of the driving and parking rules in part 397, is a Class
1 misdemeanor.