CHAPTER 167
(HB 1061)
Commercial motor vehicle drivers, regulatory authority of the Department
of Public Safety revised.
ENTITLED, An Act to
revise certain provisions relating to the licensing of commercial drivers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
32-12-61
be amended to read as follows:
32-12-61.
The Department of Public Safety shall file all abstracts of court records of
convictions received by it under the laws of this state and all accident reports received
from the
Office of Accident Records. The Office of Accident Records shall submit a copy of all accident
reports to the Department of Public Safety
. The Department of Public Safety shall maintain records
or make suitable notations on the individual record of each licensee
and any person domiciled in
this state who is required to have a driver license
showing the convictions
of such licensee
,
disqualifications, and other licensing actions for violations of any state or local law relating to
motor vehicle traffic control committed while the licensee or person was operating any type of
vehicle
and the traffic accidents in which the licensee
or person
has been involved.
Such
The
information shall be readily ascertainable and available for the consideration of the department
upon any application for renewal of a license. However, with the exception of convictions resulting
from operation of a commercial motor vehicle, no conviction for speeding which is ten miles per
hour or less over the posted speed limit and no speeding conviction received from another state
may be entered on the licensee's driving record
,
but may be recorded separately. The separate
record may not be made available to the public.
Section
2.
That
§
32-12-66
be amended to read as follows:
32-12-66.
If the Department of Public Safety receives a record of the conviction of any person
under § 32-12-65
or 32-12A-8
for driving a vehicle while that person's driver license or driving
privilege was suspended, it shall extend the period of suspension for an additional like period. If
the conviction was for driving while a license was revoked
or disqualified
, the department may not
issue a new license until one year from the date the person would otherwise have been entitled to
apply for a new license.
Section
3.
That chapter
32-12A
be amended by adding thereto a NEW SECTION to read as
follows:
Any disqualification imposed in accordance with the provisions of 49 CFR part 383.52 as
amended through January 1, 2005, relating to notification from the Federal Motor Carrier Safety
Administration that the driver is disqualified from driving a commercial motor vehicle and is
determined to constitute an imminent hazard becomes a part of the driver's record maintained by
the department.
Section
4.
That chapter
32-12A
be amended by adding thereto a NEW SECTION to read as
follows:
The department shall furnish to any person upon request a certified abstract of the operating
record for the last three years of any person subject to the provisions of chapter 32-35. The abstract
shall include enumeration of any motor vehicle accident in which the person has been involved and
reference to any conviction of the person for a violation of any motor vehicle law as reported to
the department. The department shall collect four dollars for each abstract. The fee shall be
credited to the state motor vehicle fund. No governmental entity or subdivision is subject to this
fee.
The department shall furnish, upon request and a payment of a fee of four dollars, full
information regarding the driver record for the last three years of a person who has been issued a
commercial driver license to an employer or to a prospective employer if the person has given
written consent to the employer or prospective employer to obtain this information. The
department shall furnish this same information to the driver upon the payment of a fee of four
dollars. The information shall include any disqualification and any other licensing action for a
violation of any state or local law relating to motor vehicle traffic control, other than a parking
violation committed in any type of vehicle. The fee shall be credited to the state motor vehicle
fund. No governmental entity or subdivision is subject to this fee.
Section
5.
That chapter
32-12A
be amended by adding thereto a NEW SECTION to read as
follows:
The state may not mask, defer imposition of judgment, or permit any person to enter into a
diversion program that would prevent a CDL driver's conviction for any violation, in any type of
motor vehicle, of a state or local traffic control law except a parking violation from appearing on
the driver's record, whether the driver was convicted for an offense committed in the state, in the
state where the driver is licensed, or in another state.
Section
6.
That
§
32-12A-1
be amended to read as follows:
32-12A-1.
Terms used in
§§ 32-12A-1 to 32-12A-50, inclusive, 32-12A-51, and 32-12A-52
to 32-12A-58, inclusive,
this chapter
mean:
(1)
"Alcohol," any substance containing any form of alcohol;
(2)
"Commercial driver license," or " CDL," a license issued in accordance with the
requirements of
§§ 32-12A-1 to 32-12A-50, inclusive, 32-12A-51, and 32-12A-52 to
32-12A-58, inclusive,
this chapter
to an individual that authorizes the individual to drive
a class of commercial motor vehicle;
(3)
"Commercial driver license information system," or "CDLIS," the information system
established pursuant to the Commercial Motor Vehicle Safety Act (CMVSA) to serve
as a clearinghouse for locating information related to the licensing and identification of
commercial motor vehicle drivers;
(4)
"Commercial driver instruction permit," a permit issued pursuant to § 32-12A-12;
(5)
"Commercial motor vehicle," a motor vehicle designed or used to transport passengers
or property
;
:
(a)
If the vehicle has a gross combination weight rating of twenty-six thousand one
pounds or more and the towed unit has a gross vehicle weight rating of more than
ten thousand pounds;
(b)
If the vehicle has a gross vehicle weight rating of twenty-six thousand one or
more pounds
or such lesser rating as determined by federal regulation
;
(b)
(c)
If the vehicle is designed to transport sixteen or more passengers, including the
driver; or
(c)
(d)
If the vehicle is
transporting
of any size and is used in the transportation of
hazardous materials and is required to be placarded in accordance with 49 C.F.R.
Part 172, Subpart F, as amended through January 1,
1993
2005
;
(6)
"Controlled substance," any substance so classified under section 102(6) of the
Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on
Schedules I through V, of 21 C.F.R. Part 1308, inclusive, as amended through January
1,
1993
2005
;
(7)
"Conviction," an unvacated adjudication of guilt, or a determination that a person has
violated or failed to comply with the law in a court of original jurisdiction or an
authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited
to secure the person's appearance in court, the payment of a fine or court cost, or
violation of a condition of release without bail, regardless of whether or not the penalty
is rebated, suspended, or probated;
(8)
"Department," the Department of Public Safety;
(9)
"Disqualification,"
any withdrawal of the privilege to drive a commercial motor vehicle
any of the following actions:
(a) The suspension, revocation, or cancellation of a CDL by the state or jurisdiction
of issuance;
(b) Any withdrawal of a person's privileges to drive a commercial motor vehicle by
a state or other jurisdiction as the result of a violation of state or local law
relating to motor vehicle traffic control (other than parking, vehicle weight, or
vehicle defect violations); or
(c) A determination by the Federal Motor Carrier Safety Administration that a
person is not qualified to operate a commercial motor vehicle
;
(10)
"Domicile," the state where a person has that person's true, fixed, and permanent home
and principal residence and to which that person has the intention of returning whenever
that person is absent;
(11)
"Drive," to drive, operate, or be in actual physical control of a motor vehicle;
(11)
(12)
"Driver," any person who drives, operates, or is in actual physical control of a
commercial motor vehicle, or who is required to hold a commercial driver
license;
(12)
(13)
"Employer," any person, including the United States, a state, or a political
subdivision of a state, who owns or leases a commercial motor vehicle, or assigns
a person to drive a commercial motor vehicle;
(13)
(14) Endorsement," an authorization to a person's CDL required to permit the person
to operate certain types of commercial motor vehicles;
(15) "Fatality." the death of a person as the result of a motor vehicle accident;
(16)
"Felony," any offense under state or federal law that is punishable by death or
imprisonment for a term exceeding one year;
(14)
(17)
"Foreign jurisdiction," any jurisdiction other than a state of the United States;
(18) "Gross combination weight rating" or "GCWR," the value specified by the manufacturer
as the loaded weight of a combination (articulated) vehicle. In the absence of a value
specified by the manufacturer, GCWR shall be determined by adding the GVWR of the
power unit and the total weight of the towed unit and any load thereon;
(15)
(19)
"Gross vehicle weight rating," or " GVWR," the value specified by the
manufacturer as the
maximum
loaded weight of a single
or a combination
(articulated)
vehicle
. The GVWR of a combination (articulated) vehicle
(commonly referred to as the "Gross Combination Weight Rating" or GCWR)
is the GVWR of the power unit plus the GVWR of the towed unit or units
;
(16)
(20)
"Hazardous materials," the same as that found in Section 103 of the Hazardous
Materials Transportation Act (49 App. U.S.C. § 1801 et seq.), as amended
through January 1,
1993
2005
;
(21) "Imminent hazard," the existence of a condition that presents a substantial likelihood
that death, serious illness, severe personal injury, or a substantial endangerment to
health, property, or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk of that death, illness,
injury, or endangerment;
(17)
(22)
"Motor vehicle," a vehicle, machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power, used on highways,
or any other vehicle required to
be registered under the laws of this state,
but does not include any vehicle,
machine, tractor, trailer, or semitrailer operated exclusively on a rail
, or any
custom harvesting farm machinery
;
(23) Noncommercial motor vehicle,” a motor vehicle or combination of motor vehicles not
defined as a commercial motor vehicle;
(18)
(24)
"Nonresident CDL," a commercial driver license issued by a state to
an
individual
a person
who resides in a foreign jurisdiction
or a person domiciled
in another state that is prohibited from issuing commercial driver licenses by the
Federal Motor Carrier Safety Administration
;
(19)
(25)
"Notice of final administrative decision," a determination rendered by an agency
of competent jurisdiction when all avenues of appeal have been exhausted or
time to appeal has elapsed;
(20)
(26)
"Operator's license," any license issued by a state to
an individual
a person
which
authorizes the
individual
person
full privileges to drive a motor vehicle;
(21)
(27)
"Out-of-service order," an out-of-service order as defined by 49 C.F.R. part
390.5, as of January 1,
1996
2005
;
(22)
(28)
"Recreational vehicle," a vehicle which is self- propelled or permanently towable
by a light duty truck and designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel, or seasonal use;
(23)
(29)
"School bus," any motor vehicle that
complies with the color and identification
requirements as provided in the laws of this state and
is used to transport sixteen
or more passengers, including the driver,
to or from school or in connection with
school activities
and is used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to and from
school-sponsored events. School bus does not include a bus used as a common
carrier
;
(24)
(30)
"Serious traffic violation," a conviction
when operating a commercial motor
vehicle
of:
(a)
Excessive speeding, involving a single charge of any speed fifteen miles per hour
or more, above the posted speed limit, in violation of chapter 32-25;
(b)
Reckless driving, in violation of § 32-24-1;
(c)
Careless driving, in violation of § 32-24-8;
(d)
Improper or erratic traffic lane changes, in violation of § 32-26-6;
(e)
Following the vehicle ahead too closely, in violation of § 32-26-40;
(f)
A violation of any state or local law related to motor vehicle traffic control, other
than a parking violation, arising in connection with a fatal accident;
(g)
Failure to stop or yield, in violation of §§ 32-29-2.1, 32-29-2.2, 32-29-3, and 32-
29-4;
(h)
Failure to stop or slow vehicle for a school bus, in violation of § 32-32-6;
(i)
Eluding a police vehicle, in violation of § 32-33-18;
or
(j)
Overtaking or passing another vehicle, in violation of §§ 32-26-26, 32-26-27, 32-
26-28, 32-26-34, 32-26-35, 32-26-36, and 32-26-37;
(k) Driving a commercial motor vehicle without obtaining a commercial driver
license, in violation of
§
32-12A-6;
(l) Driving a commercial motor vehicle without a commercial driver license in the
driver's possession in violation of
§
32-12A-6. Any person who provides proof
to the court or to the enforcement authority that issued the citation, by the date
the person was required to appear in court or to pay a fine for the violation, that
the person held a valid commercial driver license on the date the citation was
issued, is not guilty of a serious traffic violation; or
(m) Driving a commercial motor vehicle without the proper class of commercial
driver license or endorsement, or both, for the specific vehicle group being
operated or for the passengers or type of cargo being transported in violation of
§
32-12A-6;
(25)
(31)
"State," a state of the United States and the District of Columbia;
(26)
(32)
"United States," the fifty states and the District of Columbia.
Section
7.
That
§
32-12A-7
be amended to read as follows:
32-12A-7.
Each commercial motor vehicle driver shall meet the minimum standards and
qualifications established under
§§ 32-12A-1 to 32-12A-50, inclusive, 32-12A-51, and 32-12A-52
to 32-12A-58, inclusive,
this chapter
and in accordance with 49 C.F.R. subpart 383.23 as amended
through January 1,
2002
2005
. Each commercial motor vehicle driver shall obtain a commercial
driver license.
Section
8.
That
§
32-12A-8
be amended to read as follows:
32-12A-8.
No person may drive a commercial motor vehicle on the highways of this state
while that person's operator's license or privilege to drive a commercial motor vehicle is
suspended, revoked, cancelled, or while subject to a disqualification.
No person may drive a
commercial motor vehicle on the highways of this state while the driver, the commercial motor
vehicle, or the motor carrier operation is subject to any out-of-service order.
A violation of this
section is a Class 1 misdemeanor.
Section
9.
That chapter
32-12A
be amended by adding thereto a NEW SECTION to read as
follows:
No person may drive a commercial motor vehicle on the highways of this state while the
person, the commercial motor vehicle, or the motor carrier operation is subject to any out-of-
service order. A violation of this section is a Class 1 misdemeanor.
Section
10.
That
§
32-12A-9
be amended to read as follows:
32-12A-9.
The following are exempt from the provisions of
§§ 32-12A-1 to 32-12A-50,
inclusive, 32-12A-51, and 32-12A-52 to 32-12A-58, inclusive
this chapter
:
(1)
Operators involved in farm to market transportation movements, at least sixteen years
of age holding a valid operator's license, limited to those operators of a farm vehicle:
(a)
Controlled and operated by a farmer;
(b)
Used to transport either agricultural products, farm machinery or farm supplies
to or from a farm; and
(c)
Not used in the operations of a common or contract motor carrier;
(2)
Operators of emergency fire fighting equipment necessary to the preservation of life or
property or the execution of emergency governmental functions performed under
emergency conditions that are not subject to normal traffic regulation, or nonemergency
conditions when operated by members of a fire fighting agency;
(3)
Operators of military vehicles for military purposes including:
(a)
Active duty military personnel;
(b)
Members of the military reserves;
(c)
Members of the national guard on active duty, including personnel on full-time
national guard duty, personnel on part-time national guard training and national
guard military technicians (civilians who are required to wear military uniforms);
and
(d)
Active duty U.S. Coast Guard personnel;
(4)
Operators of recreational vehicles; and
(5)
Operators of rental transporting equipment used as personal family use vehicles.
United States reserve technicians are not exempt under the provisions of subdivision (3) of this
section.
Section
11.
That
§
32-12A-11
be amended to read as follows:
32-12A-11.
No person may be issued a commercial driver license unless that person is a
resident of this state, has passed a knowledge and skills test for driving a commercial motor vehicle
that complies with the minimum federal standards established by federal regulation enumerated
in 49 C.F.R. Part 383, Subparts G and H as amended through January 1,
2002
2005
, and has
satisfied all other requirements of the CMVSA in addition to other requirements imposed by state
law or federal regulation. The tests shall be prescribed and conducted by the department.
The department may authorize a person, an employer, a private driver training facility, other
private institution, a department, agency, or instrumentality of local government, of this state or
another state, to administer the skills test specified by this section, if:
(1)
The test is the same which would otherwise be administered by the department; and
(2)
The third party has entered into an agreement with the department that complies with
requirements of 49 C.F.R. Part 383.75 as amended through January 1,
2002
2005
.
Failure to comply with agreement may result in termination of the agreement.
The department may waive the skills test specified in this section for a commercial driver
license applicant who meets the requirements of 49 C.F.R. Part 383.77 as amended through
January 1,
2002
2005
.
No commercial driver license or commercial driver instruction permit may be issued to a
person while the person is subject to a disqualification from driving a commercial motor vehicle,
or while the person's operator's license or driving privilege is suspended, revoked, or cancelled in
any state; nor may a commercial driver license be issued to a person who has a commercial driver
license
, noncommercial driver license, noncommercial instruction permit
or commercial driver
instruction permit issued by any other state unless the person first surrenders all such licenses or
permits, which shall be destroyed by the department. The issuing jurisdiction shall be notified that
the licensee has applied for a commercial driver license or commercial driver instruction permit
in a new jurisdiction. A violation of this provision is a Class 2 misdemeanor.
Section
12.
That
§
32-12A-13
be amended to read as follows:
32-12A-13.
The department
shall
may
issue a nonresident CDL to
a resident of
:
(1) A person who is domiciled in
a foreign jurisdiction
if the United States secretary of
transportation has determined that the
whose
commercial motor vehicle testing and
licensing standards
in the foreign jurisdiction
, as determined by the administrator of the
Federal Motor Carrier Safety Administration,
do not meet the testing standards
established in 49 C.F.R. Part 383 as
of
amended through
January 1,
1989
2005; or
(2) A person who is domiciled in a state whose commercial driver licensing program has
been decertified by the administrator of the Federal motor Carrier Safety
Administration
.
The word "nonresident" shall appear on the face of the nonresident CDL. An applicant shall
surrender any nonresident CDL issued by another state. The holder of a nonresident CDL is subject
to the same disqualifications and conditions applicable to a commercial driver license issued to a
resident of
person domiciled in
this state.
Section
13.
That
§
32-12A-14
be amended to read as follows:
32-12A-14.
The application for a commercial driver license or commercial driver instruction
permit, shall include the following:
(1)
The full legal name and current mailing and residential address of the applicant;
(2)
A physical description of the applicant including sex, height, weight and eye color;
(3)
Date of birth;
(4)
The applicant's social security number;
(5)
The applicant's signature;
(6)
The applicant's color photograph;
(7)
Certifications including those required by 49 C.F.R. Part 383.71(a) as
of
amended
through
January 1,
1989
2005
;
and
(8)
A consent to release driving record information
; and
(9) The names of all states where the applicant has previously been licensed to drive any
type of motor vehicle during the ten-year period immediately preceding the date of the
application
.
Section
14.
That
§
32-12A-18
be amended to read as follows:
32-12A-18.
If any person knowingly falsifies information or certifications required
under
§§ 32-12A-1 to 32-12A-50, inclusive, 32-12A-51, and 32-12A-52 to 32-12A-58, inclusive
by this
chapter
, the department shall disqualify that person's commercial driving privileges for a period
of at least sixty consecutive days.
Section
15.
That
§
32-12A-24
be amended to read as follows:
32-12A-24.
No person under the age of eighteen may receive an endorsement on a commercial
driver license to drive a school bus. Any school bus endorsed driver operating with an intrastate
restriction shall meet all requirements of 49 C.F.R. Part 391 Subpart E as
of
amended through
January 1,
1989
2005
, in the area of physical qualifications.
Section
16.
That
§
32-12A-28
be amended to read as follows:
32-12A-28.
Before issuing a commercial driver license, the department shall obtain driving
record information through the commercial driver license information system and the national
driver register no earlier than twenty-four hours prior to issuance.
Before issuing a commercial
driver license, if the information was not provided in a prior licensing cycle, the department shall
request the applicant's complete driving record from all states where the applicant was previously
licensed over the last ten years to drive any type of motor vehicle.
Section
17.
That
§
32-12A-30
be amended to read as follows:
32-12A-30.
A commercial driver license issued pursuant to
§§ 32-12A-1 to 32-12A-50,
inclusive, 32-12A-51, and 32-12A-52 to 32-12A-58, inclusive
this chapter
, expires on the
licensee's birthday in the fifth year following the issuance of the license
Section
18.
That
§
32-12A-35
be repealed.
Section
19.
That
§
32-12A-36
be amended to read as follows:
32-12A-36.
Any person is disqualified from driving a commercial motor vehicle for a period
of not less than one year:
(1)
If convicted of a first violation of driving or being in actual physical control of a
commercial
or noncommercial
motor vehicle while under the influence of alcohol, or
any controlled drug or substance, in violation of § 32-23-1;
(2)
If convicted of a first violation of driving or being in actual physical control of a
commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in
that person's blood as shown by chemical analysis of that person's breath, blood or other
bodily substance, in violation of § 32-12A-44;
(3)
If convicted of a first violation of leaving the scene of an accident while operating a
commercial
or noncommercial
motor vehicle, in violation of § 32-34-5 or 32-34-6;
(4)
If convicted of a first violation of using a commercial
or noncommercial
motor vehicle
in the commission of any felony other than a felony described in § 32-12A-38; or
(5)
For refusing to submit to a chemical analysis for purposes of determining the amount
of alcohol in that person's blood while driving a commercial
or noncommercial
motor
vehicle in violation of § 32-23-11, 32-12A-43, or 32-12A-46
;
(6) If convicted of a first violation of operating a commercial motor vehicle while the
person's commercial driver license is revoked, suspended, or canceled or the person is
disqualified from operating a commercial motor vehicle in violation of
§
32-12A-8. The
department may not issue a new license until one year from the date the person would
otherwise have been entitled to apply for a new license; or
(7) If convicted of a first violation of causing a fatality through the negligent operation of
a commercial motor vehicle
.
If any of these violations or refusal occurred while transporting hazardous material required
to be placarded, the person is disqualified for a period of not less than three years.
Section
20.
That
§
32-12A-38
be amended to read as follows:
32-12A-38.
Any person is disqualified from driving a commercial motor vehicle for life who
uses a commercial
or noncommercial
motor vehicle in the commission of any felony involving the
manufacture, distribution, or dispensing of a controlled substance, or possession with intent to
manufacture, distribute, or dispense a controlled substance.
Section
21.
That
§
32-12A-40
be amended to read as follows:
32-12A-40.
Any person is disqualified from driving a commercial motor vehicle for a period
of not less than sixty days if convicted within a three-year period of two serious traffic violations
committed while operating a commercial motor vehicle. Any person is disqualified from driving
a commercial motor vehicle for a period of not less than sixty days if convicted within a three-year
period of two serious traffic violations committed while operating a noncommercial motor vehicle
and either conviction results in the revocation, cancellation, or suspension of the CDL holder's
license or noncommercial driving privileges
.
Section
22.
That
§
32-12A-41
be amended to read as follows:
32-12A-41.
Any person is disqualified from driving a commercial motor vehicle for not less
than one hundred twenty days if convicted within a three-year period of three serious traffic
violations
committed while operating a commercial motor vehicle. Any person is disqualified from
driving a commercial motor vehicle for a period of not less than one hundred twenty days if
convicted within a three-year period of three serious traffic violations committed while operating
a noncommercial motor vehicle and any of these convictions result in the revocation, cancellation,
or suspension of the CDL holder's license or noncommercial driving privileges
.
Section
23.
That
§
32-12A-42
be amended to read as follows:
32-12A-42.
The department shall, upon receipt of a conviction, update its records to reflect any
action that results in the disqualification of a nonresident's commercial driving privileges.
The
department shall notify the licensing authority of the state that issued the commercial driver license
or commercial driver instruction permit. Only offenses committed after April 1, 1992, may be
considered in determining disqualification.
No later than ten days after disqualifying a commercial
driver license holder licensed by another state or revoking, suspending, or canceling an out-of-state
commercial driver license holder's privilege to operate a commercial motor vehicle for at least
sixty days, the department shall notify the state that issued the license of the disqualification,
revocation, suspension, or cancellation. The notification shall include both the disqualification and
the violation that resulted in the disqualification, revocation, suspension, or cancellation.
Section
24.
That
§
32-12A-43
be amended to read as follows:
32-12A-43.
Notwithstanding any other provision of
§§ 32-12A-1 to 32-12A-50, inclusive, 32-
12A-51, and 32-12A-52 to 32-12A-58, inclusive
this chapter
, no person may drive, operate, or be
in actual physical control of a commercial motor vehicle within this state while having any
measurable or detectable amount of alcohol in that person's system. A person who drives, operates,
or is in actual physical control of a commercial motor vehicle within this state while having any
measurable or detectable amount of alcohol in that person's system or who refuses to submit to an
alcohol test under § 32-12A-46, shall be placed out of service for twenty-four hours.
Section
25.
That
§
32-12A-47
be amended to read as follows:
32-12A-47.
Upon receiving a report of the conviction of any nonresident for
If any nonresident
is convicted in this state of
any violation of state law or local ordinance relating to motor vehicle
traffic control, other than parking violations, committed in
a commercial motor vehicle
any type
of vehicle
, the department shall notify the driver licensing authority in the licensing state of the
conviction.
Beginning on September 30, 2005, the notification shall be within thirty days of the
conviction. Beginning on September 30, 2008, the notification shall be made within ten days of
the conviction.
Section
26.
That
§
32-12A-48
be amended to read as follows:
32-12A-48.
The secretary of the Department of Public Safety may promulgate rules, pursuant
to chapter 1-26, in the following areas:
(1)
Definitions;
(2)
Commercial driver license waivers;
(3)
Single license requirement;
(4)
Notification requirements and employer responsibilities;
(5)
Federal disqualifications and penalties;
(6)
Testing and licensing procedures;
(7)
Vehicle groups and endorsements;
(8)
Required knowledge and skills;
(9)
Tests;
(10)
Background check requirements;
(11)
Commercial driver license document; and
(11)
(12)
Other rules necessary to implement the provisions of C.F.R. 49, Chapter 3,
Subchapter B, parts 383, 384, 390, 391, and 392, inclusive, as amended through
January 1,
2002
2005
.
Section
27.
That
§
32-12A-49
be amended to read as follows:
32-12A-49.
The department may enter into or make agreements, arrangements, or declarations
to carry out the provisions of
§§ 32-12A-1 to 32-12A-50, inclusive, 32-12A-51, and 32-12A-52
to 32-12A-58, inclusive
this chapter
.
Section
28.
That
§
32-12A-50
be amended to read as follows:
32-12A-50.
Notwithstanding any law to the contrary, a person may drive a commercial motor
vehicle in this state if the person has a valid commercial driver license or commercial driver
license instruction permit issued by any state or
provinces or territories
province or territory
of
Canada in accordance with the minimum federal standards for the issuance of commercial motor
vehicle driving licenses, if the person is not suspended, revoked, or cancelled, and if the person is
not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order.
The department shall give
all
any
out-of-state
convictions
conviction
full faith and credit and treat
them
it,
for sanctioning purposes under
§§ 32-12A-1 to 32-12A-50, inclusive, 32-12A-51, and 32-
12A-52 to 32-12A-58, inclusive
this chapter
, as if
they
it had
occurred in this state.
Section
29.
That
§
32-12A-51
be repealed.
Section
30.
That
§
32-12A-56
be amended to read as follows:
32-12A-56.
In addition to disqualification, a driver who is convicted of violating an
out-of-service order
shall be
is
subject to a civil penalty of not less than one thousand
one hundred
dollars nor more than two thousand
five hundred
seven hundred fifty
dollars.
Section
31.
That
§
32-12A-57
be amended to read as follows:
32-12A-57.
The state's attorney for the county in which the violation of subdivision 32-12A-
5(3) occurs shall commence a civil in rem proceeding of not less than two thousand
five hundred
seven hundred fifty
dollars nor more than
ten
eleven
thousand dollars against the employer
or
operator of a commercial motor vehicle with a violation of subdivision 32-12A-5(3)
.
Section
32.
That
§
32-12A-58
be amended to read as follows:
32-12A-58.
The state hereby adopts Title 49 of the Code of Federal Regulations, chapter 3,
subpart B, parts 383 and 384, inclusive, June 17, 1994, as amended through January 1,
1996
2005
.
Section
33.
This Act is effective on September 30, 2005.
Signed February 10, 2005