An Act to revise certain training and testing requirements for entry level driver applicants for a commercial driver license.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 32-12A-11 be AMENDED.
32-12A-11. Knowledge and skills tests required--Waiver--Restrictions--Violation as misdemeanor.
No person may be issued a
commercial learner's permit unless that person is a resident of this
state and has passed the required knowledge test. No person may be
issued a commercial driver license unless that person is a resident
of this state,
has received driver training from a provider listed on the Training
Provider Registry established by the Federal Motor Carrier Safety
Administration pursuant to 49 C.F.R. Part 380, Subpart G, as of
September 30, 2019,
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 of
January 1, 2015
September 30, 2019,
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 of
January 1, 2015
September 30, 2019.
Failure to comply with the
agreement may
result in termination of the agreement;
and
(3) The third party, prior to administering the skills test to any person, verifies the person has completed the driver training specified in this section.
The department may waive the
knowledge and
skills
test
tests specified
in this section for a commercial driver license applicant who meets
the requirements of 49 C.F.R. Part 383.77 as of
January 1, 2015
September 30, 2019.
No commercial learner's permit or
commercial driver license 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 learner's permit issued by any other
state unless the person first surrenders all such licenses or
permits,
which shall be destroyed by the department.
The
department shall destroy any license or permit surrendered under this
section. The
issuing jurisdiction shall be notified that the licensee has applied
for a commercial learner's permit or commercial driver license in a
new jurisdiction. A violation of this provision is a Class 2
misdemeanor.
Signed February 17, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.