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The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic.
There are some situations where a tractor-trailer or other commercial motor vehicle is involved in only intrastate travel. For example, an appliance store in Pierre may own a truck that only makes in-state deliveries.
The South Dakota Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations.
The following provisions are an overview of South Dakota laws that affect trucks operating only in South Dakota:
South Dakota has adopted Part 391 of the Federal Regulations with some modifications on the age requirement. An intrastate driver not transporting hazardous materials can be as young as 16, rather than 21. All drivers transporting hazardous materials must be at least 21.
South Dakota has adopted Part 395 of the Federal Regulations with one notable exception. The maximum driving and on-duty requirements can't apply to intrastate transporters of agricultural commodities or farm supplies if the transportation is limited to an area within a 100-air-mile radius from the source of the commodities or farm supplies when such transportation occurs during planting and harvesting seasons.
South Dakota has adopted Part 393 of the Federal Regulations dealing with projecting and shifting or falling in its entirety.
Department of Public Safety
Office of Accident Records
700 E. Broadway
Pierre, SD 57501-2586
(605) 773-5275
The attorneys at E. J. Leizerman and Associates work on truck accident litigation across the United States. As experienced truck accident lawyers, we are often called by other lawyers to "co-counsel" in a case. If you have been injured in a truck accident, or are a lawyer seeking co-counsel, we welcome your inquires! Fill out a web form to Contact a Truck Accident Lawyer, or phone us directly at 1-800-628-4500.