1
24:06:07:02. School bus standards. The school bus chassis and body and specially
equipped school buses must meet the specifications listed on pages 26 to 7833 to 77, inclusive
(except that electronic stability controls on page 34 and crossing arm control on pages 38 to 39
shall not be required), of the National School Transportation Specifications & Procedures,
May 2015May 2025 Revised Edition.
(1) In addition to this section "Color" the buses shall have an area extending outward
approximately three inches around the lens of each school bus alternately flashing lamps and
they are to be painted black enamel. Page 3137 of the National School Transportation
Specifications & Procedures, May 2015May 2025 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 7833 to 77, National School Transportation Specifications &
Procedures, May 2015May 2025 Revised Edition. Copies may be obtained from
www.ncstonline.org. Cost: $55.
2
24:06:07:03.01. Floor insulation. School buses shall meet the insulation requirements
listed on page 5160 to 61 of the National School Transportation Specifications & Procedures,
May 2015May 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 51pages 60 to 61, National School Transportation
Specifications & Procedures, 2015May 2025 Revised EdtionEdition. 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 installed in accordance with the section entitled
"Heating and Air Conditioning Systems" on pages 44 to 4853 to 57, inclusive, of the National
School Transportation Specifications & Procedures, May 2015May 2025 Revised Edition. In
addition, the following standards apply to school buses as defined in "School Bus Types" on
pages 332 to 333407 to 408 of the National School Transportation Specifications &
Procedures, May 2015May 2025 Revised Edition:
(1) The minimum installation for a Type A bus 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 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. The minimum installation for a type D bus
is one front fresh air heater with a defroster core and minimum of 80,000 BTUs, plus a drivers
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.
4
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: "School Bus Types," on pages 332 to 333407 to 408, and "Heating and Air
Conditioning Systems," pages 44 to 4853 to 57, National School Transportation Specifications
& Procedures, 2015May 2025 Revised Edition. Copies may be obtained from
www.ncstonline.org. Cost: $55.
5
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 the section entitled "Windows" on page
6676, Section A of the National School Transportation Specifications & Procedures, May
2015May 2025 Revised Edition. In addition, the following provisions apply:
(1) 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) 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 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 6676, National School Transportation Specifications &
Procedures, 2015May 2025 Revised Edition. Copies may be obtained from www.ncstonline.org.
Cost: $55.
Cross-Reference: "School Bus Types," pages 332-333407 to 408 National School
Transportation Specifications & Procedures, 2015May 2025 Revised Edition.
6
24:06:07:07. Exits -- Emergency. Emergency exits for a school bus must comply with
the section entitled "Emergency Exits" on pages 39-4148 to 49 of the National School
Transportation Specifications & Procedures, 2015 Revised Edition. In addition, the following
provisions apply:
(1) Emergency doors and other emergency exits must comply with the requirements of
Federal Motor Vehicle Safety Standard (FMVSS) 217;
(2) Additional emergency door requirements are as follows:
(a) The words "EMERGENCY DOOR" in letters at least two inches high must be
placed at the top of or directly above the emergency door or on the 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 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 39-4148 to 49, National School Transportation
Specifications & Procedures, 2015May 2025 Revised Edition. Copies may be obtained from
www.ncstonline.org. Cost: $55.
7
24:06:08:02. Emergency procedures. Each school bus driver, with administrative
authorization, shall conduct emergency evacuation instruction and drills for school bus riders at
least twice a year and three times a year for Headstart students. The driver shall give an
emergency evacuation drill or talk-through 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
173192 to 194, inclusive, of the National School Transportation Specifications & Procedures,
May 2015May 2025 Revised Edition. Additional Emergency Evacuation procedures are also
included in the South Dakota CDL Manual under the section titled "School Buses," Section
10”School Buses”.
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 173192 to 194, National
School Transportation Specifications & Procedures, 2015May 2025 Revised Edition. Copies
may be obtained from www.ncstonline.org. Cost: $55.
8
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"”#10 through #15” pages 132
to 137153 to 158, inclusive, and maintenance records in the section titled "Operational
Procedures" subsection F 7.b, 7.c, and 7.f on page 152173 in the National School
Transportation Specifications & Procedures, May 2015May 2025 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: "Sections F, J and K Drivers' ResponsibilitesResponsibilities," pages 132 to
137153 to 158 and 152173, inclusive, National School Transportation Specifications &
Procedures, 2015May 2025 Revised Edition. Copies may be obtained from www.ncstonline.org.
Cost: $55.
9
24:06:08:04. Operations. The following provides the minimum requirements for the
state and school districts to follow in accordance with the sections entitled "Introduction,"
"School Bus Use," "State Administration," and "Local School District Administration" on pages
121 to 132143 to 153, inclusive, in the National School Transportation Specifications &
Procedures, May 2015May 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 132143 to 153, National School Transportation
Specifications & Procedures, 20152025 May Revised Edition. Copies may be obtained from
www.ncstonline.org. Cost: $55.
10
24:06:08:06. Activity bus operations. The following provides minimum requirements
for the state and school districts to follow in accordance with the section entitled "Activity Bus
Operations," on pages 181 to 189205 to 213, in the National School Transportation
Specifications & Procedures, 2015May 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 189205 to 213 of the National
School Transportation Specifications & Procedures, 2015May 2025 Revised Edition. Copies may
be obtained from www.ncstonline.org. Cost: $55.
11
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, 2025April 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, 2025April 1, 2026
edition, Commercial Vehicle Safety Alliance. The publication can be purchased online through
Commercial Vehicle Safety Alliance's website, https://portal.cvsa.org/commerce/store. Cost: $50.
12
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.
13
61:25:01:02. Requirements for English Language Proficiency. Any individual that
applies for a commercial driver license or commercial learner permit must:
(1) Be able to understand and continue an effective conversation in English with driver
licensing staff and third-party testers;
(2) Take all written testing in English only, without an interpreter being present; and
(3) Take all drive testing in English only.
If the individual fails to understand and cannot continue an effective conversation in English
with driver licensing staff or a third-party tester, the testing or renewal of license shall be denied
for a period of 30 days.
Source:
General Authority: SDCL 32-12A-11.
Law Implemented: SDCL 32-12A-11.
14
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 incinerators burning requirements.
15
61:33:01:03. Permit types. The following permits for open burning in the Black Hills
Forest Fire Protection District (BHFFPD) may be issued 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 private property which 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.
16
61:33:01:04. Permit conditions. The following conditions apply to all permits issued
under this chapter:
(1) No open burning may occur if county fire restrictions exist, or 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.
17
61:33:01:13. Industrial incinerators burning requirements. The following requirements
apply to the use of industrial incinerators permitted under this chapter:
(1) Prior to igniting the industrial incinerators, the permit holder shall contact the local
county dispatch center;
(2) Industrial incinerators may only be ignited under conditions of continuous snow cover of
six inches or more surrounding the site of burning;
(3) Industrial incinerators may not be ignited if a wind advisory, high wind watch, high wind
warning, fire weather watch, or red flag warning is forecasted or in effect for the area of
the industrial incinerator location;
(4) The permit holder must extinguish the industrial incinerator if high winds or warm
temperatures are occurring or are forecasted to occur; and
(5) All edges thirty feet around industrial incinerators must be scraped and clear of embers or
coals prior to leaving the burn site unattended.
18
67:55:01:04. Application. A claimant seeking compensation under this article must submit
a completed application for compensation signed by the claimant. 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 compensation under this chapter is limited to the following
individuals:
(1) The Victim.
(2) A An immediate family member representing the victim.
(3) If the victim is a minor, or protected person, the minor's guardian or conservator; 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
provider 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.
19
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 thenotify the claimant and the
claimant's authorized representative, if applicable, a written noticein writing at least 30 days
before the review hearing. The notice shall 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;
(2) A statement that if the claimant chooses not to appear the commission shall 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;
(5) A statement that there are no provisions for the payment of the claimant's legal fees
by either the department or the commission;
(6) A statement that if the hearing is heldconducted by telephone, or through video
conference technology, the claimant must submit to the commission at least 10 days before the
hearing date any additional evidence the claimant wishes the commission to consider. and that
theThe commission shall exclude from the record any evidence that is not submitted within that
time limit;
(7) A statement that if the claimant chooses not to appear, the claimant must submit to
the commission at least 10 days before the hearing date any additional evidence the claimant
20
wishes the commission to consider. and that theThe commission shall exclude from the record
evidence that is not submitted within that time limit;
(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 notice may be waived by agreement of all parties.
Service of the notice by mail is considered complete when hand delivered, emailed,
transmitted electronically through the Department of Public Safety’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, 23A-28B-32.
21
67:55:02:11. Notice of final decision. The department shall notify the claimant of the
commission's final decision within 15 working days following the date of the hearing. The notice
shall be in writing and shall be made by regular maildelivered by any of the following methods:
regular mail, hand delivery, electronic mail, or electronically through the Department of Public
Safety’s database. If the claim was approved, the notice shall 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 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, 23A-28B-32.
22
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 $1,500.
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.