32-22-31.3. Review of county overweight vehicle enforcement programs--Factors considered--Certification of unsatisfactory programs--Prior specification of deficiencies--Withholding funds.
The secretary of the Department of Transportation shall, not less than semi-annually, review the performance of each county's program of overweight vehicle enforcement and shall certify a list of those counties whose enforcement programs are unsatisfactory. In reviewing each county's enforcement program, the secretary shall consider the following factors:
(1)Whether the county has requested that the Division of Highway Patrol assist in the enforcement of that county's spring or other posted load limits;
(2)The diligence of that county in enforcing in court to the fullest extent possible all fines authorized by chapter 32-22 without plea bargaining or reducing statutory fines or civil penalties under the following conditions:
(a)For any second or subsequent offense by a driver occurring in a four-year period; or
(b)For any violation of the provisions of §32-22-24;
(3)The effort of local law enforcement agencies to enforce chapter 32-22 on the roads of that county; and
(4)Such other factors as the secretary may deem appropriate after consultation with the state associations for county sheriffs, county commissioners, state's attorneys, and county highway superintendents and with the Division of Highway Patrol.
The secretary may not find any county's program to be unsatisfactory unless the secretary has given the county a written specification of the county's program deficiencies at least thirty days before the unsatisfactory certification.
For any county whose overweight vehicle enforcement program is certified by the secretary as unsatisfactory, the secretary may withhold or suspend for a period of one hundred eighty days all or any portion of any transfer of federal surface transportation funds and state funds otherwise authorized by §32-11-35 to be distributed to such county. The Department of Revenue shall cooperate with the secretary in the administration of this section.
Source: SL 1999, ch 162, §6; SL 2003, ch 169, §1.
Structure South Dakota Codified Laws
Chapter 22 - Weight Size And Load Restrictions
Section 32-22-2 - Movement of load or wide farm machinery during darkness as misdemeanor.
Section 32-22-5 - Maximum length of vehicle--Violation as misdemeanor.
Section 32-22-6 - Flagging or lighting extended loads--Violations as misdemeanors.
Section 32-22-8.2 - Local regulation restricted--Access permits.
Section 32-22-8.3 - Issuance of trip permits unaffected.
Section 32-22-8.4 - Length limitations on stinger-steered automobile transports.
Section 32-22-9 - Combination of vehicles of more than two units--Violation as misdemeanor.
Section 32-22-10 - Requirements for combination vehicles.
Section 32-22-12.1 - Certain combination exempt--Specifications--Violation as misdemeanor--Rules.
Section 32-22-14 - Maximum height of vehicles--Exceptions--Violation as misdemeanor.
Section 32-22-14.1 - Exemption of vehicles used to transport farm commodities or implements.
Section 32-22-16 - Maximum weight of vehicle or combination of vehicles--Axles--Misdemeanor.
Section 32-22-16.1 - Formula for weight on group of consecutive axles.
Section 32-22-19 - Combination vehicles deemed single for weight purposes.
Section 32-22-21.1 - Single trip permits to move to scale site.
Section 32-22-21.2 - Highways to which maximum weight limit applies.
Section 32-22-22 - Tire width defined.
Section 32-22-28 - Metal wheeled vehicles--Maximum weight--Violation as misdemeanor.
Section 32-22-29 - Track vehicles excepted.
Section 32-22-30.1 - Construction vehicles and equipment--Operation on highway projects.
Section 32-22-39 - Books of single trip permits--Payment of fee--Designation of routes.
Section 32-22-40 - Annual or single trip permits by local subdivisions.
Section 32-22-41 - Oversize permits--Duration--Rules.
Section 32-22-42 - Rules governing issuance of overweight and oversize permits--Fees.
Section 32-22-42.3 - Livestock hauler exemption.
Section 32-22-42.12 - Certain vehicles hauling from point of harvest--Exemption.
Section 32-22-42.13 - Single trip permit.
Section 32-22-42.15 - Last trailer marked long load.
Section 32-22-43 - Liability for damages not affected by issuance of permit.
Section 32-22-46 - Emergency movement of national defense vehicles.
Section 32-22-47 - Maximum vehicle weight on bridges--Required and permissible signs--Exception.
Section 32-22-48 - Damages for crossing bridge with overweight vehicle--Misdemeanor.
Section 32-22-49 - Person and vehicle defined.
Section 32-22-50 - Authority to weigh vehicle--Requiring vehicle to be driven to scales.
Section 32-22-51 - Removal of overweight portion of load--Risk of loss of unloaded cargo.
Section 32-22-52 - Operation of oversize or overweight vehicle as misdemeanor.
Section 32-22-55 - Schedule of penalties for operation of overweight vehicle.
Section 32-22-57 - Lift axle control requirements--Permits--Violation as misdemeanor.
Section 32-22-57.2 - Specification of size and load carrying capacity of variable load axles.
Section 32-22-59 - Restrictions on size, weight or class.
Section 32-22-60 - Size and load restrictions--Notice--Violation as misdemeanor.
Section 32-22-62 - Exemption of tow trucks or wreckers under certain conditions.