32-9-1. Definitions.
Terms used in this chapter mean:
(1)"Compensation," the charge imposed upon motor carriers in consideration of the unusual use of the public highways in this state by such motor carriers;
(2)"Compensation certificate," the certificate issued upon application by a motor carrier, as defined in §§32-9-2 and 32-9-3, showing authority to use and payment of compensation for the unusual use of the highways by the one to whom issued;
(3)"Commercial motor vehicle," any motor vehicle used or maintained for the transportation of persons or property for hire, compensation or profit or designed, used or maintained primarily for the transportation of property, and not specifically excluded under §32-9-3;
(4)"Department," Department of Revenue;
(5)"For hire," for remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of persons or property. An occasional accommodative transportation service by a person not in the transportation business while on an errand for himself, is not a service for hire, even though the person transported shares in the cost or pays for the service;
(6)"Gross weight," the total weight of the chassis, body, equipment, and maximum load of each motor vehicle, trailer, or semitrailer as fixed by the applicant for a compensation certificate;
(7)"Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property or both. The term does not include an electric bicycle as defined in §32-20B-9;
(8)"Private business use," the transportation of persons or property for hire, compensation, profit, or remuneration of any kind, or the transportation of any property of a business venture not specifically excluded under §32-9-3;
(9)"Public highway," every street, alley, public road, public thoroughfare, or highway in this state;
(10)"Secretary," secretary of revenue;
(11)"Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;
(12)"Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle.
Source: SDC 1939, §44.0401; SL 1945, ch 192; SL 1977, ch 249, §17; SL 1978, ch 224, §19; SL 1981, ch 239, §1; SL 1988, ch 251, §1; SL 1989, ch 256, §8; SL 2004, ch 17, §108; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2019, ch 135, §12.
Structure South Dakota Codified Laws
Chapter 09 - Commercial Motor Vehicle Certificates
Section 32-9-2 - Motor carrier defined.
Section 32-9-3 - Exceptions from definitions of motor carrier and commercial vehicle.
Section 32-9-3.1 - Fee required of harvest vehicle--Permit--Violation as misdemeanor.
Section 32-9-3.5 - Fee for commercial use of motorbus--Gross maximum weight.
Section 32-9-4 - Motor carriage as affected with public interest--Unusual impairment of highway.
Section 32-9-5 - Presumption that motor carrier makes unusual use of highways.
Section 32-9-10 - Duties of department.
Section 32-9-12 - Forwarding applications to department.
Section 32-9-13 - Registration of maximum gross weight of vehicle.
Section 32-9-14 - Overweight operation prohibited--Violation a misdemeanor.
Section 32-9-15 - Schedule of commercial motor vehicle fees per gross pounds--Older vehicles.
Section 32-9-16.1 - Promulgation of rules for staggered registration system.
Section 32-9-16.2 - Fees paid pursuant to chapter--Calculation.
Section 32-9-16.3 - Staggered registration of intrastate commercial vehicles.
Section 32-9-23.2 - Application to pay alternative fee.
Section 32-9-23.3 - Alternative permit to be secured before movement--Violation as misdemeanor.
Section 32-9-23.5 - Receipt issued on payment--Display on demand--Violation as misdemeanor.
Section 32-9-41 - Persons and entities required to comply with chapter.
Section 32-9-44 - Revocation or cancellation of certificate upon violation.
Section 32-9-45 - Overweight operation of vehicle--Payment of additional fee--Payment no defense.
Section 32-9-47 - Determination that vehicle was overweight--Variation of five percent.
Section 32-9-53 - Gross weight of tow trucks and wreckers.
Section 32-9-57 - Transporter plates for hauling new trailers--Violation as misdemeanor.
Section 32-9-58 - Registration and permit required to move certain vehicles between job sites--Fee.
Section 32-9-59 - Use of vehicles with dealer 88 license plates--Violation as misdemeanor.