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, 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 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, 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, 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, 32-29-9, or section 2 of this Act in separate incidents.
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.
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I certify that the attached Act
originated in the
SENATE as Bill No. 43
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 43
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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