32-12A-32. Grounds for suspension, revocation, or cancelation of commercial learner's permit or driver license--Hearing.
The secretary of public safety may suspend, revoke, disqualify, or cancel the commercial learner's permit, commercial driver license, or driving privilege of a person after opportunity for hearing pursuant to chapter 1-26, if hearing is demanded, upon a showing by its records or other sufficient evidence that the licensee:
(1)Has been convicted of an offense for which mandatory suspension, revocation, or disqualification of license is required;
(2)Appears by the records of the department to be an habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, municipal ordinances that are in strict conformity with state law and adopted by a local authority other than regulations governing parking, traffic laws of another state, or any of the county speed limits set pursuant to law. The secretary of public safety shall implement the method of weighing traffic convictions provided in §32-12-49.1;
(3)Is physically or mentally incompetent to drive a motor vehicle;
(4)Has violated §32-12-17.3, 32-12-17.4, 32-12-17.5, 32-12-17.6, 32-12-67, 32-12-69, 32-12-70, or 32-12-71;
(5)Has committed an offense in another state, which if committed in this state, would be grounds for suspension, revocation, or disqualification;
(6)Has failed to pay a fine or comply with the terms of a citation issued in the state;
(7)Has failed to pay a fine or comply with the terms of a citation issued by a state covered by the nonresident violators compact; or
(8)Has made a false statement or representation or fails to disclose a material fact in order to obtain a driver license.
In determining whether a commercial learner's permit, commercial driver license, or driving privilege should be suspended or revoked under this section, the director may not consider any offense that is more than four years old.
Source: SL 2001, ch 171, §111; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2015, ch 168, §27.
Structure South Dakota Codified Laws
Chapter 12A - Commercial Drivers Licenses And Permits
Section 32-12A-1 - Definitions.
Section 32-12A-2 - Construction of this chapter with general driver licensing provisions.
Section 32-12A-3 - Drivers of commercial vehicles limited to one license.
Section 32-12A-5.1 - Proceeding against employer by state's attorney.
Section 32-12A-7 - Qualifications of commercial motor vehicle drivers.
Section 32-12A-8.2 - Out-of-service order for motor carrier operation--Violation--Misdemeanor.
Section 32-12A-9 - Operators exempt from provisions of chapter.
Section 32-12A-10 - Adoption of rules regarding farm exemption of 32-12A-9.
Section 32-12A-13 - Nondomiciled commercial learner's permit or commercial driver license.
Section 32-12A-14 - Requirements of application.
Section 32-12A-14.2 - Applicants permitted three attempts to pass license examination.
Section 32-12A-15 - Commercial driver license fee--Additional fees.
Section 32-12A-16 - Issuance of duplicate license.
Section 32-12A-18 - Disqualification of commercial driving privileges for use of false information.
Section 32-12A-20 - Form and contents of commercial driver license.
Section 32-12A-20.1 - Social security number on license prohibited.
Section 32-12A-20.2 - Veteran designation on license or permit.
Section 32-12A-22 - License endorsements.
Section 32-12A-23 - Driver license and learner's permit restrictions.
Section 32-12A-23.1 - Additional learner's permit restrictions.
Section 32-12A-24 - Qualifications of school bus drivers.
Section 32-12A-24.3 - Blood glucose level checks of driver with insulin-treated diabetes mellitus.
Section 32-12A-25 - Prior convictions information required on school bus operator application.
Section 32-12A-29 - Notification to commercial driver license information system.
Section 32-12A-30 - Expiration of license.
Section 32-12A-34 - Reciprocal suspension, revocation, and disqualification.
Section 32-12A-37 - Disqualification for life for multiple violations of 32-12A-36--Reduction.
Section 32-12A-45 - Persons authorized to withdraw blood to determine alcohol content--Liability.
Section 32-12A-48 - Promulgation of rules.
Section 32-12A-49 - Agreements, arrangements, or declarations permitted.
Section 32-12A-56 - Violation of out-of-service order--Civil penalty against driver.
Section 32-12A-57 - Violation of out-of-service order--Civil penalty against employer.
Section 32-12A-58 - Adoption of Title 49 C.F.R., chapter 3, subpart B, parts 383 and 384.
Section 32-12A-59 - Disqualification for conviction of first grade crossing violation.
Section 32-12A-60 - Disqualification for second grade crossing conviction.
Section 32-12A-61 - Disqualification for third or subsequent grade crossing conviction.
Section 32-12A-64 - Convictions for traffic violations to appear on driver's record.
Section 32-12A-67 - Bond requirement for third-party testers--Exceptions.