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26.397.11 101st Legislative Session 10
2026 South Dakota Legislature
Senate Bill 10
ENROLLED
AN ACT
ENTITLED An Act to revise a provision related to the adoption of federal motor
carrier regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-28A-3 be AMENDED:
49-28A-3. The state hereby adopts Title 49 of the Code of Federal Regulations,
subtitle B, chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C,
parts 171 to 180, inclusive, as amended through January 1, 2026, and Title 49 of the Code
of Federal Regulations, subtitle B, chapter III, subchapter B, part 387 and parts 390 to
397, inclusive, as amended through January 1, 2026, with the following modifications:
(1) All references to interstate operations must also include intrastate operations
except that drivers and motor carriers operating intrastate vehicles and
combinations of vehicles with a gross vehicle weight rating, gross combination
weight rating, gross ve hicle weight, or gross combination weight that does not
equal or exceed twenty six thousand one pounds, which are not used to transport
hazardous materials requiring placarding under part 177, or designed to transport
more than fifteen passengers, including the driver, are not subject to parts 390 to
397, inclusive;
(2) For the purposes of 49 C.F.R. § 391.11(b)(1), a driver must be at least twenty-one
years old if engaged in interstate commerce, or transporting hazardous material of
a type or quantity requiring placarding under part 177, or operating a vehicle
designed to transport more than fifteen passengers, including the driver. All other
drivers must be at least eighteen years old.
Any violation of the motor carrier safety requirements governing the qualifications
of drivers, driving of motor vehicles, parts and accessories necessary for safe operation,
notification and reporting of accidents, assistance with investigations and speci al studies,
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hours of service of drivers, inspection, repair, and maintenance, found in part 387 and
parts 390 to 396, inclusive, is a Class 2 misdemeanor.
Any violation of the hazardous materials regulations pertaining to registration of
cargo tank motor vehicles, registration of persons who offer or transport hazardous
materials, general information, regulations and definitions, hazardous materials tables,
hazardous materials communication regulations, and test and inspection marking
requirements, found in parts 107 (subparts F and G only), 171, 172, and 178 to 180,
inclusive, is a Class 2 misdemeanor.
Any violation of the hazardous materials regulations pertaining to packaging,
prohibited shipments, loading and unloading, segregation and separation, retesting and
inspection of cargo tanks, and other carriage by regulations found in parts 173 to 180,
inclusive, or violation of the driving and parking rules, found in part 397, is a Class 1
misdemeanor.
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