Department of Public Safety
Amendments to §§ 61:23:01:04 and 61:26:02:01
EffectiveProposed rule text· underlined text is added · struck text is removed
1 61:23:01:04. Adoption of Commercial Vehicle Safety Alliance (CVSA) North
American Standard Out-of-Service Criteria. Enforcement criteria for motor carrier safety
regulations and for the safe transportation of hazardous materials in this state must be in accordance
with the North American Standard Out-of-Service Criteria, and Appendix, CVSAApril 1, 2024April
1, 2025 edition. and the English proficiency requirement as referenced in Title 49 Code of Federal
Regulations (CFR) 391.11(b)(2).
Source: 26 SDR 57, effective September 9, 1998; 35 SDR 305, effective July 1, 2009; 40 SDR
39, effective September 9, 2013; 42 SDR 31, effective September 9, 2015; 44 SDR 43, effective
September 13, 2017; 45 SDR 31, effective September 10, 2018; 46 SDR 42, effective October 1,
2019; 48 SDR 18, effective August 30, 2021; 50 SDR 47, effective October 16, 2023; 51 SDR 53,
effective November 11, 2024.
General Authority: SDCL 49-28A-2.
Law Implemented: SDCL 49-28A-3.
Reference: North American Standard Out-of-Service Criteria,April 1, 2024April 1, 2025
edition, Commercial Vehicle Safety Alliance. The publication can be purchased online through
Commercial Vehicle Safety Alliance's website,
https://cvsa.ps.membersuite.com/onlinestorefront/BrowseMerchandise.aspx?contextID=7bad43e6-
0066-c4c1-5241-0b3880919772https://portal.cvsa.org/commerce/store. Cost: $50.
61:26:02:01. Fees. Fees for new or renewed licenses or identification cards issued pursuant to SDCL
32-12-42.1 shall be prorated as follows:
(1) One year: twenty-five percent of the total application fee in SDCL 32-12-16;
(2) Two years: fifty percent of the total application fee in SDCL 32-12-16;
(3) Three or four years: seventy-five percent of the total application fee in SDCL 32-12-16.
If the resulting prorated fee is not a whole number, the prorated fee shall be rounded down to the
nearest dollar.
Source: 18 SDR 233, effective July 12, 1992; 35 SDR 305, effective July 1, 2009; 42 SDR
31, effective September 9, 2015.
General Authority: SDCL 32-12-42.1.
Law Implemented: SDCL 32-12-42.1.
American Standard Out-of-Service Criteria. Enforcement criteria for motor carrier safety
regulations and for the safe transportation of hazardous materials in this state must be in accordance
with the North American Standard Out-of-Service Criteria, and Appendix, CVSA
1, 2025 edition
Regulations (CFR) 391.11(b)(2).
Source: 26 SDR 57, effective September 9, 1998; 35 SDR 305, effective July 1, 2009; 40 SDR
39, effective September 9, 2013; 42 SDR 31, effective September 9, 2015; 44 SDR 43, effective
September 13, 2017; 45 SDR 31, effective September 10, 2018; 46 SDR 42, effective October 1,
2019; 48 SDR 18, effective August 30, 2021; 50 SDR 47, effective October 16, 2023; 51 SDR 53,
effective November 11, 2024.
General Authority: SDCL 49-28A-2.
Law Implemented: SDCL 49-28A-3.
Reference: North American Standard Out-of-Service Criteria,
edition, Commercial Vehicle Safety Alliance. The publication can be purchased online through
Commercial Vehicle Safety Alliance's website,
61:26:02:01. Fees. Fees for new or renewed licenses or identification cards issued pursuant to SDCL
32-12-42.1 shall be prorated as follows:
(1) One year: twenty-five percent of the total application fee in SDCL 32-12-16;
(2) Two years: fifty percent of the total application fee in SDCL 32-12-16;
(3) Three or four years: seventy-five percent of the total application fee in SDCL 32-12-16.
If the resulting prorated fee is not a whole number, the prorated fee shall be rounded down to the
nearest dollar.
Source: 18 SDR 233, effective July 12, 1992; 35 SDR 305, effective July 1, 2009; 42 SDR
31, effective September 9, 2015.
General Authority: SDCL 32-12-42.1.
Law Implemented: SDCL 32-12-42.1.
Extracted from the agency's filing on rules.sd.gov ↗. Formatting is approximate; the PDF on the state portal is authoritative.