1
24:06:07:02. School bus standards. The school bus Except as provided in this section,
the chassis and body of a school bus and a specially equipped school buses bus must meet the
specifications listed on pages 26 to 78 33 to 77, inclusive, of the National School Transportation
Specifications & Procedures, May 2015 May 2025 Revised Edition (NSTSP). This requirement
does not include the electronic stability controls set forth on page 34 or the crossing arm control
set forth on page 38 to 39, inclusive, of the NSTSP.
(1) In addition to this section "Color" the buses shall the color requirements set forth on
page 37 of the NSTSP, a school bus must have an area extending outward approximately three
inches around the lens of each school bus alternately flashing lamps and they are to be lamp,
which is painted black enamel. Page 31 of the National School Transportation Specifications &
Procedures, May 2015 Revised Edition.
Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004;
33 SDR 152, effective April 5, 2007; 38 SDR 58, effective October 17, 2011; 44 SDR 43,
effective September 13, 2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: Pages 26 to 78, National School Transportation Specifications &
Procedures, May 2015 May 2025 Revised Edition, National Congress on School Transportation.
Copies may be obtained from www.ncstonline.org. Cost: $55.
2
24:06:07:03.01. Floor insulation. School buses shall A school bus must meet the
insulation requirements listed on page 51 pages 60 to 61, inclusive, of the National School
Transportation Specifications & Procedures, May 2015 May 2025 Revised Edition.
Source: 38 SDR 58, effective October 17, 2011; 44 SDR 43, effective September 13,
2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "Insulation" page 51, National School Transportation Specifications &
Procedures, 2015 May 2025 Revised Edtion Edition, National Conference on School
Transportation. Copies may be obtained from www.ncstonline.org. Cost: $55.
3
24:06:07:04. Heating and air conditioning systems. Heaters must be provided in a
school bus, air conditioning systems may be A school bus must contain a heating system installed
in accordance with the section entitled "Heating and Air Conditioning Systems" on pages 44 to
48 53 to 57, inclusive, of the National School Transportation Specifications & Procedures, May
2015 May 2025 Revised Edition. If an air conditioning system is installed on a school bus, it
must be installed in accordance with these standards.
In addition, the following standards apply to each school buses as defined in "School Bus
Types" on pages 332 to 333 of the National School Transportation Specifications &
Procedures, May 2015 Revised Edition bus type:
(1) The minimum installation for a Type A bus, as defined on page 407 of the National
School Transportation Specifications & Procedures, May 2025 Revised Edition (NSTSP), is one
front fresh air heater, utilizing the manufacturer's standard heater with a defroster core and a
driver's deflector, and one or more rear recirculating underseat heaters with a minimum of 38,000
BTUs;
(2) The minimum installation for Type B and C buses a Type B or C bus, as defined on
page 407 of the NSTSP, is one left front fresh air heater with a defroster core and a driver's
deflector with a minimum of 80,000 BTUs, one right cowl recirculating heater with a minimum
of 50,000 BTUs., and:
(a) If the bus has a capacity of less than fifty-nine passengers, a rear underseat
recirculating heater with a minimum of 75,000 BTUs; or
4
(b) If the bus has a capacity of fifty-nine or more passengers, two rear
underseat recirculating hearters, or combination of one midship heater and one
rear recirculating heater. Each heater must have a minimum of 75,000 BTUs; and
(3) The minimum installation for a type D bus, as defined on page 408 of the NSTSP, is
one front fresh air heater with a defroster core and a minimum of 80,000 BTUs, plus a drivers a
driver's underseat heater with a minimum of 14,000 BTUs, and rear heaters for type B, C, and D
buses are as follows:
(a) Buses with a capacity of less than 59 passengers must have a rear underseat
recirculating heater with a minimum of 75,000 BTUs;
(b) Buses with a capacity of 59 passengers or more must have two rear underseat
recirculating heaters or a combination of one midship and one rear, each having a minimum of
75,000 BTUs.
(a) If the bus has a capacity of less than fifty-nine passengers, a rear underseat
recirculating heater with a minimum of 75,000 BTUs; or
(b) If the bus has a capacity of fifty-nine or more passengers, two rear
underseat recirculating heaters, or a combination of one midship heater and one rear recirculating
heater. Each heater must have a minimum of 75,000 BTUs.
Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004;
33 SDR 152, effective April 5, 2007; 38 SDR 58, effective October 17, 2011; 44 SDR 43,
effective September 13, 2017.
General Authority: SDCL 13-29-2, 13-29-6.
5
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "School Bus Types," on pages 332 to 333 407 to 408, and "Heating and Air
Conditioning Systems," pages 44 to 48 53 to 57, National School Transportation
Specifications & Procedures, 2015 May 2025 Revised Edition, National Conference of School
Transportation. Copies may be obtained from www.ncstonline.org. Cost: $55.
6
24:06:07:06. Windows, windshield, and glass. All window openings and glass in the
windows and doors of a school bus must comply with section (A) of the section entitled
"Windows" on page 66, Section A 78 of the National School Transportation Specifications &
Procedures, May 2015 May 2025 Revised Edition (NSTSP). In addition, the following
provisions apply:
(1) TheFor Type B, C, and D buses, as defined on pages 407 to 408 of the NSTSP, the
driver's window, the first window on the left after the driver's window, the first window after the
service door, and the windows in the service door must be frost-free (thermal) glass on Types B,
C, and D buses; and
(2) TheFor Type A-2, B, C, and D buses, as defined on pages 407 to 408 of the NSTSP,
the lower portion of the rear emergency door on Type A-2, B, C, and D buses must have an
exposed glass area of not less than 350 three hundred fifty square inches and must be covered by
a protective screen inside.
Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004;
33 SDR 152, effective April 5, 2007; 38 SDR 58, effective October 17, 2011; 44 SDR 43,
effective September 13, 2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "Windows," page 66, National School Transportation Specifications &
Procedures, 2015 May 2025 Revised Edition, National Conference on School Transportation.
Copies may be obtained from www.ncstonline.org. Cost: $55.
7
Cross-Reference: "School Bus Types," pages 332-333 National School Transportation
Specifications & Procedures, 2015 Revised Edition.
8
24:06:07:07. Exits -- Emergency. Emergency exits for a school bus must comply with
the section entitled "Emergency Exits" on pages 39-41 48 to 49, inclusive, of the National School
Transportation Specifications & Procedures, 2015 May 2025 Revised Edition (NSTSP). In
addition, the following provisions apply:
(1) Emergency doors and other emergency exits must also comply with the requirements
of Federal Motor Vehicle Safety Standard (FMVSS) 217; 49 C.F.R. § 571.217 (August 8, 2026).
(2) Additional emergency door requirements are as follows:
(a) The words "EMERGENCY DOOR", in capital letters at least two inches high,
must be placed at the top of, or directly above the emergency door, or on the emergency door in
the metal panel above the top glass, both inside and outside of the bus;
(b) In addition to the audible warning required on emergency doors by FMVSS
217, all other.All emergency exits, except roof hatches, must be protected with an audible
warning.
Source: 22 SDR 61, effective November 9, 1995; 33 SDR 152, effective April 5, 2007;
38 SDR 58, effective October 17, 2011; 44 SDR 43, effective September 13, 2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "Emergency Exits" pages 39-41,
National School Transportation Specifications & Procedures, 2015 May 2025
Revised Edition, National Conference on School Transportation. Copies may be obtained
from www.ncstonline.org. Cost: $55.
9
24:06:08:02. Emergency procedures. Each school bus driver, with administrative
authorization authorization by the employing school district, shall conduct emergency evacuation
instruction and drills for school bus riders at least twice a year, and three times a year for
Headstart students school bus riders. The driver shall give an emergency evacuation drill or talk-
through before each activity season Each school bus driver that drives for activities shall give an
emergency evacuation instruction and drills for school bus riders before each activity season.
The school bus operator shall maintain a log containing the dates and times of drills.
Additional emergency procedures must comply with the section entitled "Emergency and
Rescue Procedures" on pages 171 to 173 192 to 194, inclusive, of the National School
Transportation Specifications & Procedures, May 2015 May 2025 Revised Edition. Additional
Emergency Evacuation procedures are also included in the South Dakota CDL Manual under the
section titled "School Buses," Section 10.
Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004;
33 SDR 152, effective April 5, 2007; 38 SDR 58, effective October 17, 2011; 44 SDR 43,
effective September 13, 2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "Emergency & Rescue Procedures," pages 171 to 173, National School
Transportation Specifications & Procedures, 2015 May 2025 Revised Edition, National
Conference on School Transportation. Copies may be obtained from www.ncstonline.org. Cost:
$55.
10
Cross-Reference: Emergency evacuation procedures, School Bus Section, South Dakota
CDL Manual.
11
24:06:08:03. Maintenance records and daily inspection. The owner of a school bus
shall keep maintenance records on each school bus. The inspection shall include the process as
published in the section entitled Driver Responsibilities "J and K" pages 132 to 137, inclusive,
and maintenance records in the section titled "Operational Procedures" subsection F 7.b, 7.c, and
7.f on page 173 in the National School Transportation Specifications & Procedures, May
2015 Revised Edition The school bus driver shall perform daily inspection in accordance with
sections A.10 to A.15, inclusive, on pages 154 to 158, inclusive, of the National School
Transportation Specifications & Procedures, May 2025 Revised Edition (NSTSP).
The owner of the school bus shall keep maintenance records on each school bus. The
maintenance records must contain work orders and repair records, preventative maintenance
records, and inspection reports pursuant to section F.7 on page 173 of the NSTSP.
Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004;
33 SDR 152, effective April 5, 2007; 38 SDR 58, effective October 17, 2011; 44 SDR 43,
effective September 13, 2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "Sections F, J and K Drivers' Responsibilites," pages 132 to 137 and 152,
inclusive, National School Transportation Specifications & Procedures, 2015 May 2025
Revised Edition, National Conference on School Transportation. Copies may be obtained from
www.ncstonline.org. Cost: $55.
12
24:06:08:04. Operations. The following provides the minimum requirements for the
The state and school districts to follow in accordance with must, at minimum, comply with the
sections entitled "Introduction," "School Bus Use," "State Administration," and "Local School
District Administration" on pages 121 to 132 143 to 153, inclusive, in of the National School
Transportation Specifications & Procedures, May 2015 May 2025 Revised Edition.
Source: 30 SDR 181, effective May 20, 2004; 33 SDR 152, effective April 5, 2007; 38
SDR 58, effective October 17, 2011; 44 SDR 43, effective September 13, 2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "Operations," pages 121 to 132, National School Transportation
Specifications & Procedures, 2015 2025 May Revised Edition, National Conference on School
Transporation. Copies may be obtained from www.ncstonline.org. Cost: $55.
13
24:06:08:06. Activity bus operations. The following provides minimum requirements
for the The state and school districts to follow in accordance with must, at a minimum, comply
with the section entitled "Activity Bus Operations," on pages 181 to 189 205 to 213, inclusive, in
of the National School Transportation Specifications & Procedures, 2015 May 2025 Revised
Edition. Section A(1)(d)(IV) is excluded in this section as it is addressed in § 24:06:08:05.
Source: 38 SDR 58, effective October 17, 2011; 44 SDR 43, effective September 13,
2017.
General Authority: SDCL 13-29-2, 13-29-6.
Law Implemented: SDCL 13-29-2, 13-29-6.
Reference: "Activity Bus Operations," pages 181 to 189 of the National School
Transportation Specifications & Procedures, 2015 May 2025 Revised Edition, National
Conference on School Transportation. Copies may be obtained from www.ncstonline.org. Cost:
$55.
14
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, CVSA
April 1, 2025 April 1, 2026 edition, and Enforcing Commonsense Rules of the Road for
America’s Truck Drivers, 90 Fed. Reg. 18759, 18759-60 (May 2, 2025).
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; 52 SDR 11, effective August 6, 2025.
General Authority: SDCL 49-28A-2.
Law Implemented: SDCL 49-28A-3.
Reference: North American Standard Out-of-Service Criteria, April 1, 2025 April 1,
2026 edition, Commercial Vehicle Safety Alliance. The publication can may be purchased online
through Commercial Vehicle Safety Alliance's website, https://portal.cvsa.org/commerce/store.
Cost: $50.
15
CHAPTER 61:25:01
ADOPTION OF FEDERAL REGULATIONS
Section
61:25:01:01 Commercial driver license standards, requirements, and penalties.
61:25:01:02 Requirements for English language proficiency.
16
61:25:01:02. Requirements for English language proficiency. Any individual who
applies for a commercial driver license must:
(1) Be able to understand and continue an effective conversation in English with
driver licensing staff and third-party testers;
(2) Complete all written testing in English only, without an interpreter present; and
(3) Complete all drive testing in English only.
If the individual fails to understand or cannot continue an effective conversation in
English with driver licensing staff or a third-party tester, the testing or renewal of the individual's
license must be denied for a period of thirty days.
Source:
General Authority: SDCL 32-12A-11.4.
Law Implemented: SDCL 32-12A-11.1.
17
CHAPTER 61:33:01
BURN PERMITS
Section
61:33:01:01 Definitions.
61:33:01:02 Application for permit.
61:33:01:03 Permit types.
61:33:01:04 Permit conditions.
61:33:01:05 Authorized burn barrels.
61:33:01:06 Burn barrel use requirements.
61:33:01:07 Authorized commercial campground campfires.
61:33:01:08 Commercial campground use requirements.
61:33:01:09 Private campfires.
61:33:01:10 Private campfire use requirements.
61:33:01:11 Slash pile burning requirements.
61:33:01:12 Permit revocation.
61:33:01:13 Industrial incinerator burning requirements.
18
61:33:01:03. Permit types. The state may issue the following permits for open burning
in the Black Hills Forest Fire Protection District (BHFFPD) may be issued on state or private
property to individuals, corporate entities, governmental organizations, or non-governmental
organizations:
(1) A barrel permit authorizes the use of a burn barrel at a private residence, ranch, or
farm within the BHFFPD to burn household paper products, and is valid for three years from the
date of issuance;
(2) A campground permit authorizes an owner or manager of a private or non-profit
campground or summer camp area to use a camping site outdoor fire pit, outdoor fireplace, or
campfire ring, and is valid for three years from the date of issuance;
(3) A private campfire permit authorizes an owner of private property to use an outdoor
fire pit, outdoor fireplace, or campfire ring located on that person’s person's private property
which, and is valid for three years from the date of issuance; and
(4) A pile burning permit authorizes the burning of slash piles in an open fire, and is
valid from November first to March thirty-first.; and
(5) An industrial incinerator permit authorizes the use of an air current burner, and is
valid from November first to March thirty-first.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
19
61:33:01:04. Permit conditions. The following conditions apply to all permits issued
under this chapter:
(1) No open burning may occur if in a county where fire restrictions exist, or if a county
burn ban is in effect;
(2) No open burning may occur if a wind advisory, high wind watch, high wind warning,
fire weather watch, or red flag warning is forecasted or in effect; and
(3) All open burning of slash piles and the use of industrial incinerators conducted under
a permit must comply with air quality requirements found in chapter 74:36:06:07.
Source: 50 SDR 47, effective October 16, 2023.
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
20
61:33:01:13. Industrial incinerator burning requirements. The following requirements
apply to the use of an industrial incinerator as permitted under this chapter:
(1) Prior to igniting the industrial incinerator, the permit holder must contact the local county
dispatch center;
(2) The permit holder may only ignite the industrial incinerator under conditions of
continuous snow cover of at least six inches surrounding the site of burning;
(3) The permit holder may not ignite the industrial incinerator if the National Weather
Service has issued a wind advisory, high wind watch, high wind warning, fire weather watch, red
flag warning, or if weather conditions capable of melting snow or carrying embers away from
burn site are forecasted or are in effect for the area in which the industrial incinerator is located;
(4) The permit holder must extinguish the industrial incinerator if the National Weather
Service has issued a wind advisory, high wind watch, high wind warning, fire weather watch, red
flag warning, or if weather conditions capable of melting snow or carrying embers away from the
burn site are occurring or are forecasted to occur in the area in which the industrial incinerator is
located; and
(5) The permit holder must scrape and clear embers or coals thirty feet around the industrial
incinerator prior to leaving the burn site unattended.
Source:
General Authority: SDCL 34-35-19.
Law Implemented: SDCL 34-35-16, 34-35-17.
21
67:55:01:04. Application. A claimant seeking compensation under this article must submit
a completed application for compensation signed by the claimant, to the department. The
application form is available from the department or any law enforcement agency.
A claimant applying for an emergency award must indicate on the application that it is to
be considered as an emergency application and must attach a written statement explaining the
undue hardship that will result to the claimant if an emergency award is not given.
A claimant seeking compensationCompensation under this chapter is limited to the
following individuals claimaints:
(1) The victim;
(2) A An immediate family member representing the victim.;
(3) If the victim is a minor, the minor'sThe victim’s guardian or conservator, if the victim
is a minor or protected person; or
(4) In the event of personal injury to or death of the victim, the individual responsible for
maintenance of the victim or the administration of the victim's estate.
A third party such as an employer, an assignee, an insurance company, or a service
providerEntities may not submit an application for compensation under this chapter.
Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
General Authority: SDCL 23A-28B-33.
Law Implemented: SDCL 23A-28B-11, 23A-28B-12, 23A-28B-15, 23A-28B-40.
22
67:55:02:06. Notice of hearing. If a claimant requests a review of a claim under the
provisions of SDCL 23A-28B-32, the department shall send the notify the claimant and the
claimant's authorized representative, if applicable, a written notice in writing, at least 30 thirty
days before the review hearing. The notice shall must contain the following information:
(1) A statement that the claimant may choose not to appear or may choose to appear in
person or by telephone or video conference technology;
(2) A statement that, if the claimant chooses not to appear, the commission shall must
review the claim and enter its final decision;
(3) A statement as to the time and place of the hearing;
(4) A statement that either the claimant or the commission, or both, may be represented
by an attorney or other authorized representative, or they may represent themselves by self-
representation;
(5) A statement that there are no provisions no provisions exist for the payment of the
claimant's legal fees by either the department or the commission;
(6) A statement that, if the hearing is held by telephone conducted via telephone or video
conference technology, the claimant must submit to the commission, at least 10 ten days before
the hearing date, any additional evidence the claimant wishes the commission to consider and
that the. The commission shall exclude from the record any evidence that is not submitted within
that time limit prior to the deadline;
(7) A statement that, if the claimant chooses not to appear, the claimant must submit to
the commission, at least 10 ten days before the hearing date, any additional evidence the
23
claimant wishes the commission to consider and that the. The commission shall exclude from the
record evidence that is not submitted within that time limit prior to the deadline;
(8) A statement that, if the hearing is held in person, the claimant must be present at the
hearing with any witnesses and any exhibits and documents to be introduced into evidence; and
(9) A statement that service of this the notice may be waived by agreement of all parties.
Service of the notice by mail is considered complete when hand delivered, emailed, or
transmitted electronically through the department’s database, or when a copy of the notice is
deposited in the United States post office, with postage prepaid, addressed to the claimant at the
claimant's last known address.
Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
General Authority: SDCL 23A-28B-4.
Law Implemented: SDCL 23A-28B-4(1), 23A-28B-32.
24
67:55:02:11. Notice of final decision. The department shall notify the claimant of the
commission's final decision within 15 fifteen working business days following the date of the
hearing. The notice shall must be in writing and shall be made by regular mail delivered via
regular mail, hand delivery, electronic mail, or electronically through the department’s database.
If the claim was is approved, the notice shall must specify the amount of the claim and the
amount payable for each eligible service provider, if known. If the commission denies the claim,
the decision shall notice must specify the reason for the denial.
Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
General Authority: 23A-28B-4.
Law Implemented: 23A-28B-4(1), 23A-28B-32.
25
67:55:04:14. Homicide scene expenses. Expenses associated with cleaning up or repairing
windows and locks at a homicide scene are payable eligible for payment. Expenses may include
needed repairs resulting from the removal of evidence. A victim's family member is not eligible to
receive payment under this section. Payment for homicide scene cleanup may not exceed one
thousand five hundred dollars.
Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.
General Authority: SDCL 23A-28B-20, 23A-28B-33.
Law Implemented: SDCL 23A-28B-19, 23A-28B-20, 23A-28B-40.
Cross-Reference: Definition of homicide scene cleanup expenses, SDCL 23A-28B-1.