SB 10 — revise a provision related to the adoption of federal motor carrier regulations.

26.397.1026.397.11 101st Legislative Session 10 South Dakota Legislature Senate Bill 10 SENATEENROLLED TRANSPORTATIONA ENGROSSEDN IntroducedA by:CT ENTITLED An Act to revise a provision related to the adoption of federal motor carrier regulations.

TheB ChairE ofIT theENACTED CommitteeBY onTHE TransportationLEGISLATURE atOF theTHE requestSTATE ofOF theS DepartmentOUTH ofD PublicAKOTA Safety: An Act to revise a provision related to the adoption of federal motor carrier regulations.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

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, 2025 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, 2025 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 two axles or less or with a gross vehicle weight rating of not more than twenty-six thousand pounds that with a gross vehicle weight rating, gross combination weight rating, gross vehicle 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;

All other drivers must be at least eighteen years old;old.

OverstrikesAny indicateviolation deletedof language.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 special studies, 26.397.11 2 10 hours of service of drivers, inspection, repair, and maintenance, found in part 387 and parts 390 to 396, inclusive, is a Class 2 misdemeanor.

26.397.10 2 10 (3) Unless required by an employer to be medically certified under Title 49 of the Code of Federal Regulations, intrastate drivers are exempt from the physical requirements of 49 C.F.R.

§ 391.41.

Any violation of part 387 and parts 390 to 396, inclusive, 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 special studies, hours of service of drivers, inspection, repair, and maintenance, found in part 387 and parts 390 to 396, inclusive, is a Class 2 misdemeanor.

OverstrikesSB10 indicateENROLLED deleted26.397.11 language.3 10 An Act to revise a provision related to the adoption of federal motor carrier regulations.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

10 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

10 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB10 ENROLLED