49-28-41.1. Appearance before FMCSA--Department substituted as party.
If the department determines upon its own motion or upon the petition of a resident of this state that it is in the best interests of the state, it may appear before the FMCSA, the secretary, or the board as a party in all proceedings involving the regulation and control of motor carriers in interstate commerce. If any matter is pending before the FMCSA, the secretary, or the board between a resident of this state as petitioner and a motor carrier doing business in this state and engaged in interstate transportation of freights, charging the carrier with any violation of the Interstate Commerce Act, upon application of the petitioner, the department may appear therein and be substituted as a party in place of such petitioners and thereafter the matter shall be prosecuted by the department at the expense of the state in the same manner as though originally begun by it.
Source: SL 1987, ch 350, §3; SL 1999, ch 223, §10; SL 2006, ch 234, §11.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 28 - Motor Carrier Regulation
Section 49-28-1 - Definitions.
Section 49-28-3 - Motor carrier status as question of fact.
Section 49-28-33 - Rules governing motor carriers--Promulgation--Conformity with federal rules.
Section 49-28-36.7 - Application for permit.
Section 49-28-41 - Cooperation with FMCSA--Department as party in proceedings before FMCSA.
Section 49-28-41.1 - Appearance before FMCSA--Department substituted as party.
Section 49-28-45 - Disposition of fees received from carriers.
Section 49-28-50 - Reports and statements by carriers.
Section 49-28-51 - Procedure before department.
Section 49-28-52 - Enforcement of department's orders.
Section 49-28-53 - Procedure for rehearing, review, or appeal.
Section 49-28-62 - Violation of chapter as misdemeanor.
Section 49-28-63 - Noncompliance with chapter or with department order as misdemeanor.
Section 49-28-66 - Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.
Section 49-28-69 - Compliance with the Unified Carrier Registration Act.
Section 49-28-70 - Definitions relating to motor carrier transportation contracts.
Section 49-28-71 - Indemnity provisions in motor carrier transportation contracts.