The amendment updates the federal motor carrier regulations adopted by South Dakota from those in effect as of January 1, 2025 to January 1, 2026, and simultaneously removes a section exempting intrastate drivers from medical certification requirements—STRENGTHENING the bill's safety standards by eliminating that carve-out while keeping the remainder of the motor carrier safety framework intact.
26.397.10 26.397.11 101st Legislative Session 10 2026 South Dakota Legislature Senate Bill 10 SENATE TRANSPORTATION ENGROSSED Introduced by: The Chair of the Committee on Transportation at the request of the Department of Public Safety Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise a provision related to the adoption of federal motor carrier 1 regulations. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 49-28A-3 be AMENDED: 4 49-28A-3. The state hereby adopts Title 49 of the Code of Federal Regulations, 5 subtitle B, chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C, 6 parts 171 to 180, inclusive, as amended through January 1, 2025 2026, and Title 49 of 7 the Code of Federal Regulations, subtitle B, chapter III, subchapter B, part 387 and parts 8 390 to 397, inclusive, as amended through January 1, 2025 2026, with the following 9 modifications: 10 (1) All references to interstate operations must also include intrastate operations 11 except that drivers and motor carriers operating intrastate vehicles and 12 combinations of vehicles with two axles or less or with a gross vehicle weight rating 13 of not more than twenty-six thousand pounds that with a gross vehicle weight 14 rating, gross combination weight rating, gross vehicle weight, or gross combination 15 weight that does not equal or exceed twenty six thousand one pounds, which are 16 not used to transport hazardous materials requiring placarding under part 177, or 17 designed to transport more than fifteen passengers, including the driver, are not 18 subject to parts 390 to 397, inclusive; 19 (2) For the purposes of 49 C.F.R. § 391.11(b)(1), a driver must be at least twenty-one 20 years old if engaged in interstate commerce, or transporting hazardous material of 21 a type or quantity requiring placarding under part 177, or operating a vehicle 22 designed to transport more than fifteen passengers, including the driver. All other 23 drivers must be at least eighteen years old; 24 26.397.10 2 10 Underscores indicate new language. Overstrikes indicate deleted language. (3) Unless required by an employer to be medically certified under Title 49 of the Code 1 of Federal Regulations, intrastate drivers are exempt from the physical 2 requirements of 49 C.F.R. § 391.41. 3 old. Any violation of part 387 and parts 390 to 396, inclusive, the motor carrier safety 4 requirements governing the qualifications of drivers, driving of motor vehicles, parts and 5 accessories necessary for safe operation, notification and reporting of accidents, 6 assistance with investigations and special studies, 26.397.11 2 10 SB10 ENROLLED hours of service of drivers, inspection, 7 repair, and maintenance, found in part 387 and parts 390 to 396, inclusive, is a Class 2 8 misdemeanor. 9 Any violation of the hazardous materials regulations pertaining to registration of 10 cargo tank motor vehicles, registration of persons who offer or transport hazardous 11 materials, general information, regulations and definitions, hazardous materials tables, 12 hazardous materials communication regulations, and test and inspection marking 13 requirements, found in parts 107 (subparts F and G only), 171, 172, and 178 to 180, 14 inclusive, is a Class 2 misdemeanor. 15 Any violation of the hazardous materials regulations pertaining to packaging, 16 prohibited shipments, loading and unloading, segregation and separation, retesting and 17 inspection of cargo tanks, and other carriage by regulations found in parts 173 to 180, 18 inclusive, or violation of the driving and parking rules, found in part 397, is a Class 1 19 misdemeanor. 20 26.397.11 3 10 SB10 ENROLLED An Act to revise a provision related to the adoption of federal motor carrier regulations. I certify that the attached Act originated in the: Senate as Bill No. 10 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 10 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State