Permit privileges for LCVs may be suspended for any of the following reasons:

1. (1) A violation of a dimension, weight, or operating restriction under a permit granted in § 70:03:01:60 may result in a denial of overlength or overweight permit privileges to the carrier for up to 60 days;

2. (2) A carrier's permit privileges to operate a LCV pursuant to § 70:03:01:60 may be suspended for a period of 60 days if the carrier fails to operate lawfully or violates one of the following provisions;

   1. (a) Dispatching a LCV when road conditions on the route of travel are reported by the Department of Transportation winter road report as icy or snowpacked, or both;
   2. (b) Dispatching a LCV when visibility conditions on the route of travel are reported by the Department of Transportation winter road report as one-quarter mile or less;
   3. (c) Dispatching a LCV to travel on highways on which the LCV is not authorized to travel;
   4. (d) Dispatching a LCV that exceeds weight limitations, length limitations, or calculated low-speed offtracking limitations; or
   5. (e) Dispatching a LCV with equipment deficiencies which affect or could affect the operational safety of the LCV;

3. (3) A carrier's permit privilege to allow an individual driver to drive a LCV may be suspended for a period of 60 days if the driver fails to operate the LCV lawfully or violates one of the following provisions:

   1. (a) Operates a LCV which exceeds weight limitations, length limitations, or calculated low-speed offtracking limitations;
   2. (b) Continues to operate a LCV under unsafe weather or road conditions;

   3. (c) Exceeds the maximum applicable speed limit or is cited for one of the following traffic regulations:

      1. (i) Reckless driving;
      2. (ii) Illegal passing; or
      3. (iii) Illegal turning movements; or;
   4. (d) Operates a LCV which has equipment deficiencies which affect or could affect its operational safety;
4. (4) A carrier's LCV permit privileges may be suspended for a period of 60 days because of multiple violations which the carrier's drivers or representatives have received.

Source: 11 SDR 33, effective September 3, 1984; transferred from § 70:01:04:66, effective November 1, 1986; 13 SDR 179, effective June 1, 1987; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 16 SDR 49, effective September 19, 1989.

General Authority: SDCL 32-22-42 , 32-22-42.14 .

Law Implemented: SDCL 32-22-42 , 32-22-42.14 .