South Dakota Codified Laws
Chapter 22 - Weight Size And Load Restrictions
Section 32-22-51 - Removal of overweight portion of load--Risk of loss of unloaded cargo.

32-22-51. Removal of overweight portion of load--Risk of loss of unloaded cargo.
If an officer upon weighing a vehicle and load as provided in §32-22-50 determines that the vehicle's weight is unlawful, the officer shall require the driver to stop the vehicle in a suitable place adjacent to the place of weighing. The vehicle shall there remain until such portion of the load is removed or adjusted to reduce the gross weight, axle weight, or tire weight of such vehicle to meet the weight limits specified in this chapter or until the officer issues the vehicle an overweight permit as provided for in §§32-22-42 and 32-22-42.13. The overweight permit shall only authorize movement of the vehicle from the weighing site to a location, as determined by the issuing officer, where the excess portion of the load can be removed or adjusted to cause the vehicle to meet the weight limits specified in this chapter. The unloading of any required portion of a load is the duty of and at the sole risk of the owner or operator of the vehicle. Any material unloaded shall be cared for by and continue to be at the sole risk of the owner or operator.

Source: SDC 1939, §44.0341; SL 1951, ch 230; SL 1979, ch 227, §1; SL 1992, ch 224.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 22 - Weight Size And Load Restrictions

Section 32-22-2 - Movement of load or wide farm machinery during darkness as misdemeanor.

Section 32-22-3 - Maximum width of vehicle and load--Violation as misdemeanor--Farm machinery and recreation vehicle exceptions.

Section 32-22-3.2 - Operation of farm implement exceeding width limitations--Restricted hours--Warning lights.

Section 32-22-5 - Maximum length of vehicle--Violation as misdemeanor.

Section 32-22-6 - Flagging or lighting extended loads--Violations as misdemeanors.

Section 32-22-8.1 - Length limitations on trailers, semitrailers, and auto and boat transporters--Violation as misdemeanor.

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 32-22-11 - Saddlemount combinations--Compliance with federal requirements--Maximum dimensions--Violation as misdemeanor.

Section 32-22-11.1 - Saddlemount combinations with fullmount--Compliance with federal requirements--Maximum dimensions--Violation as misdemeanor.

Section 32-22-12.1 - Certain combination exempt--Specifications--Violation as misdemeanor--Rules.

Section 32-22-12.2 - Exception for combination of towing motor vehicle or farm tractor and two anhydrous ammonia fertilizer tanks.

Section 32-22-12.3 - Exception for combination of towing motor vehicle and two implements of husbandry operated by/for farm implement dealer.

Section 32-22-12.4 - Combination of towing vehicle and trailers or semitrailers transporting light or medium duty trailers for commercial delivery.

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 32-22-16.2 - Application of maximum axle or tire weight limits to vehicle hauling logs--Exception.

Section 32-22-16.3 - Limited exemption for certain vehicles hauling agricultural products or livestock from a farm--Violation as misdemeanor.

Section 32-22-19 - Combination vehicles deemed single for weight purposes.

Section 32-22-21 - Maximum weight per tire and on any axle or combination of axles--Violation as misdemeanor.

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 32-22-24 - Reduced load maximums from February fifteenth to April thirtieth--Extension of period--Changing restrictions--Overweight permits--Violation as misdemeanor.

Section 32-22-25 - Reduced weight maximums on specific roads--Notice--Exceeding weight limit as misdemeanor.

Section 32-22-27 - Solid or cushion rubber tires--Maximum weight per inch width of tire--Violation as misdemeanor.

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 32-22-31.1 - Highway construction vehicles--Inspection of scale tickets for compliance with weight limitations--Reporting offenders.

Section 32-22-31.2 - Highway construction vehicles on contract to county, township or municipality--Inspection of scale tickets for compliance with weight limitations--Reporting offenders.

Section 32-22-31.3 - Review of county overweight vehicle enforcement programs--Factors considered--Certification of unsatisfactory programs--Prior specification of deficiencies--Withholding funds.

Section 32-22-32 - Special fastenings for vehicles transporting objects over particular length--Exception--Violation as misdemeanor.

Section 32-22-33 - Designation of certain highways for increased maximum loads permitted under federal regulations.

Section 32-22-38 - Single trip permit for moving building or other oversize load--Carrying and inspection of permit.

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 32-22-42.2 - Extra weight allowance for vehicles hauling from harvesting combine to point of first unloading--Maximum distance--Fine--Violation as misdemeanor.

Section 32-22-42.3 - Livestock hauler exemption.

Section 32-22-42.9 - Haystack movers--Enforcement actions for minor weight violation prohibited--Fine on excess only.

Section 32-22-42.10 - Solid waste hauling vehicle weight restrictions--Fine on excess only--Violation as misdemeanor.

Section 32-22-42.11 - Municipal sludge vehicles--Permit for oversize and overweight--Tires--Speed limit--Violation as misdemeanor.

Section 32-22-42.12 - Certain vehicles hauling from point of harvest--Exemption.

Section 32-22-42.13 - Single trip permit.

Section 32-22-42.14 - Rules authorizing operation of triple trailer combinations under single trip permit.

Section 32-22-42.15 - Last trailer marked long load.

Section 32-22-42.16 - Vehicles moving hay grinding equipment--Restrictions--Warning lights required--Permit fee.

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 32-22-51.2 - Livestock not to be unloaded from overweight vehicle--Special permit--Other enforcement action.

Section 32-22-52 - Operation of oversize or overweight vehicle as misdemeanor.

Section 32-22-54 - Cancellation of license plates on fourth overweight conviction--Period before reissuance.

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 32-22-57.1 - Vehicle equipped with variable load axle to be equipped with pressure control device--Exception--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 32-22-61 - Authority to promulgate rules governing hitches used to transport farm implements from manufacturer.

Section 32-22-62 - Exemption of tow trucks or wreckers under certain conditions.

Section 32-22-63 - Electronic copy of permit.